Two new judgments from the Migration Court of Appeal
In December, the Migration Court of Appeal decided two cases concerning terms of employment as they relate to the application for extension of a work permit. The judgments will be relevant to the Swedish Migration Agency’s handling of cases.
On 13 December, the Migration Court of Appeal issued two judgments pertaining to terms of employment (MIG 2017:24 and MIG 2017:25).
The first judgment has to do with whether an applicant can be granted an extended work permit when the applicant’s wages were lower than the wages stipulated by collective agreements during part of the previous permit period.
In the second judgment, an applicant had a work permit in Sweden for four years, and applied for a permanent residence permit. During parts of the first permit period, there was no occupational pension insurance or health insurance. The issue in the case was whether the terms of employment involved can be viewed as worse than what would be in keeping with Swedish collective agreements or common practice.
The Migration Court of Appeal approved both appeals and granted the applicants an extended work permit and a permanent residence permit, respectively.
The judgments will be analysed by the Swedish Migration Agency so that we can determine how we will handle similar cases going forward.