Case Studies

A win for cross-border commuters! 

The Migration Court of Appeal rules that third country nationals commuting to Sweden for work should be able to be granted a work and residence permit extension despite not residing in Sweden

Deloitte Tax Alert

Published: 2020-09-04

Thousands of people commute between Denmark and Sweden every day, living in one country and working in the other. The Swedish immigration law, that stipulates a “stay” in Sweden as a requirement for a permit, has not been clear on whether cross-border commuting is permissible for non-EU nationals. Therefore, the Migration Agency has repeatedly, based on its interpretation of the law, rejected work permit extensions where the individuals concerned do not reside in Sweden.  

Our client lived in Copenhagen and commuted to Malmö for work. Since the individual is a non-EU citizen who did not reside in Sweden, the work and residence permit extension application was rejected. This decision was later confirmed by the Migration Court. As it is imperative that Swedish regulations follow the modern development of agile working, the client, represented by Deloitte, appealed the ruling. 

Yesterday the Migration Court of Appeal ruled that a person should indeed be able to be granted an extension of a work and residence permit despite not residing in Sweden.   

The Deloitte Immigration team is proud to be leading this ground-breaking change as it opens the path for extended cross-border commuting.

For further information regarding the case, or if you have any questions, you are welcome to contact us at Global Immigration Services:

Would you like more information? Contact Deloitte's Immigration team.

Contact us

Martina Ogenhammar Conti 
Head of Immigration, Senior Manager - Global Employer Services
+46 70 080 21 60      

Adiam Tesfai
Manager, Immigration - Global Employer Services
+46 70 080 31 90      

Kaltrina Abazi
Assistant Manager, Immigration - Global Employer Services
+46 70 080 32 62

Anna Sabelström Holmberg 
Partner - Global Employer Services
+46 73 397 13 04

Hade du nytta av den här informationen?