New rules on the right to work for people applying for international protection
The new Reception Act comes into force on 1 October. Among other things, it changes the rules on when a person applying for international protection (asylum) has the right to work.
From 1 October, a person applying for international protection (asylum) may be granted access to the labour market (previously known as AT-UND, an exemption from the work permit requirement) if the Swedish Migration Agency has not made a decision within six months of the application being registered. To be granted the right to work, the delay must not be due to the applicant and the other conditions must also be met.
People who already have AT-UND will keep it
As a general rule, anyone who already has AT-UND when the new Reception Act comes into force will keep their exemption and can therefore continue to work. However, in some cases an existing AT-UND may cease to apply. As an employer, you therefore still need to check that the person has the right to work.
Information about the right to work is available on the application card
Everyone who has submitted an application for international protection (asylum) receives an application card from the Swedish Migration Agency. The application card replaces the previous LMA card, and by 1 October at the latest, everyone who has applied for international protection should have received the new card.
The application card has a QR code. As an employer, you can scan the QR code to check
- whether the card is valid
- whether the person has AT-UND
- how long the person’s AT-UND is valid for.
The information displayed via the QR code is up to date when the code is scanned. It is therefore important to check the card even if the person has previously shown that they have AT-UND.
People from Ukraine seeking protection are not affected
The change to the right to work only applies to people applying for international protection (asylum). People from Ukraine who have been granted temporary protection under the Temporary Protection Directive are not affected. They have the same right to work in Sweden as before, as a permit under the Temporary Protection Directive also includes a work permit.
Read more about employing a person who is applying for international protection
