Immigration Alert – Update on the new work permit process to be implemented 

Overview 

Since the report to promote highly qualified workers to Sweden was submitted by the Migration Agency to the Government, the Migration Agency has officially initiated the process of implementing the proposed changes to the work permit application process. It has now been confirmed that the current fast track limited to certified companies will cease to exit from December 15th, 2023. A new process will be introduced from January 29th, 2024.

Background 

The Migration Agency has been requested by the Government to construct a new application process that will enable faster processing times with the goal to maintain Sweden as an attractive destination on the global employment market for highly qualified workers. We have previously covered this development in our previous alert, which you can access here:

Immigration Alert – New work permit process to be implemented (deloitte.com) 

On the 28th of August 2023, the Migration Agency published their response to the Government, in the form of a report, with more details on how to attract highly qualified workers to Sweden. The Migration Agency has now also provided the public with more details regarding the changes to come, which are summarized below. 

The New Process 

The Migration Agency has communicated that the certified fast track will be removed from December 15th, 2023, the last day to submit applications through the fast track will consequently be on December 14th. The new application process will be launched first 6 weeks later on January 29th, 2024, and it has been confirmed by the Migration Agency that applications submitted within the 6-week gap period will be handled in accordance with the new process from January 29th as well. 

The new process builds on a categorization of cases based on the work to be performed where the priority order will depend on which category the case falls under. There will be four different categories and the category an application is assigned to is based on the SSYK code selected in the application. SSYK is short for “Swedish Standard Occupation Classification” and specific codes will indicate if the application concerns a highly qualified worker. As part of the preparation for the new process the Migration Agency is currently developing a system that will be able to automatically categorize the applications based on the SSYK codes, which will enable a faster and smoother decision-making process.  

The aim of the new process is to have all work permit applications settled within 4 months, however applications for highly qualified workers, who qualify under category A, will be prioritized, and will benefit from decisions within 30 days - provided that the application is complete. The key to a quicker turnaround is that the application is complete.  If the Migration Agency finds that more information is needed to make a decision in the case, the processing time will increase to up to 4 months. 

In addition to the technical developments that will enable applications to be classified and prioritized based on SSYK codes, the Migration Agency has also created a new organizational structure that includes a focus group specialized in work permit applications. The new structure is intended to create a more effective collaboration between different units as well as a more effective decision-making process.    

Deloitte’s comment 

The new process  confirms that quality will continue to be of great importance, especially for the highly qualified workers to be granted the faster processing time of 30 days. If incorrect or incomplete applications are filed, the Migration Agency will continue to face difficulties keeping the promised processing times which will result in companies looking for business opportunities outside of Sweden. Hopefully, the new immigration process will attract much needed foreign labor by offering a simple, flexible, and most importantly predictable immigration process. 

During the last couple of years, significant changes in the Swedish immigration legislation have been common and more changes are expected. In order to obtain decisions within 30 days for highly qualified workers, it will be important that the applications are submitted in accordance with the current rules and legislations. In practice, this will lead to the new process being even less forgiving than before. It is likely that the Migration Agency will struggle to keep the 30-day processing time in cases where there are minor errors, given that the passport verification process and the decision making should all take place during this timeframe.

The fact that applications submitted during the gap between December 15th and January 29th will be handled in accordance with the new process indicates that initial delays will likely be expected once the new system is launched. Deloitte has however already noticed a significant decrease in the processing time for applications and remains hopeful that the Migration Agency once up and running will be able to uphold a processing time of 30 days for correct and complete category A applications.

Deloitte will continue to monitor the developments. 

Contact

If you have any questions, please feel free to reach out to us: 

Martina Ogenhammar
Director, Head of Immigration
Global Employer Services
mogenhammar@deloitte.se
+46 70 080 21 60

Kaltrina Abazi
Manager, Immigration - Global Employer Services
kabazi@deloitte.se
+46 70 080 32 62

Marcus Kungberg 
Manager, Immigration - Global Employer Services
mkungberg@deloitte.se
+46 70 080 35 48

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