8 March 2018

The Swedish Migration Agency performs overall assessments for extended work permits

Two new judgements of the Migration Court of Appeal (MiÖD) from December 2017 enable the Swedish Migration Agency to make overall assessments of whether the conditions for a work permit have been fulfilled. In this way, it should be possible to compensate for minor errors.

In contrast to previous practice, the new judgements mean that the assessments that the Swedish Migration Agency makes will be less strict, and an overall assessment of the relevant conditions will be made instead.

For example, insurance protection that is relatively low-grade can be compensated by higher wages than those specified in the collective agreement of the industry in question. Purely administrative errors that have been corrected by the employer cannot serve as the basis for a rejection of an application for an extension, either.

Although the Swedish Migration Agency now makes overall assessments in work permit cases, the Agency must take into account and investigate whether an applicant's employment as a whole fulfils the relevant conditions, whether it is not based on a bogus agreement, and whether it is not unserious in some other way.

The legislation is there to protect employees from being wrongfully exploited.

Read more about the judgements and the Agency’s overall assessments (only in Swedish)

Common questions and answers about the judgements and the Agency’s overall assessments