Easier Access for Highly Qualified Foreign Employees

The introduction of a fast-track scheme and the reduction of
the remuneration requirement in the applicable scheme for
researchers - key elements in the Danish government's reform
of international recruitment - have been adopted.

The substantial proposal for amendments to the Danish
Aliens Act submitted by the Danish Ministry of
Employment has been adopted. The amendments to the
Act introduce a fast-track scheme allowing employers to
become certified. If an employer is certified, foreign
nationals - who have applied for a residence permit on
basis of a job offer from the certified employer - will be able
to start working immediately after entering the country.

The fast-track scheme is divided into four tracks. Thus, the
scheme may be used by foreign nationals who have a job
offer from a certified company where the job fulfils one of
the following conditions:

(i) remuneration of a certain minimum amount
- currently DKK 375.000;
(ii) employment as researcher;
(iii) the employment involves an educational
stay at a highly qualified level; or
(iv) the stay in Denmark is not expected to
exceed three months per year.

Both public and private employers may be certified.
However, it is a requirement that the company has at least
20 full-time or permanent employees in Denmark and also
the company must either be a party to a collective
bargaining agreement or solemnly declare that the
employment of foreign nationals in the company takes
place at salary and employment conditions corresponding
to Danish standards. Companies involved in a legal labour
dispute or having repeatedly violated the provisions of the
Danish Aliens Act or having been issued a red smiley by the
Danish Working Environment Authority, cannot be

Foreign nationals holding a residence permit under the
fast-track scheme do not - which is normally the case - risk
losing their residence permit if they give up their residence
in Denmark of if they stay outside Denmark for more than
six months.

The amendments to the Act imply at the same time that
the previous Corporate Scheme is phased out and the
Greencard Scheme is to a greater extent targeted at
supporting companies with a need for qualified labour.
The amendments to the Act entered into force on 1
January 2015; however, the fast-track scheme did not enter
into force until 1 April 2015.

Alongside with the comprehensive amendment of the
Danish Aliens Act, the Danish tax legislation is also
amended to the effect that the remuneration requirement
for being included in the Researcher Scheme is reduced
from DKK 69.300 to DKK 59.300. The other requirements
for the application of the scheme remain unchanged. Also,
the tax-related consequences of the scheme remain the
same - gross tax of 26 per cent plus Labour Market

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