By Elsebeth Aaes-Jørgensen Partner – Denmark Norrbom Vinding
The Brexit transition period ended on December 31, 2020 and UK nationals are now subject to a new work and travel regime. This article provides details.
1. INSTRUCTIONS
1.1 Has any guidance been issued on how UK nationals can obtain regular residence and work permits from January 1, 2021 and what forms of proof of residence are required to maintain their status?
The Danish government has taken several steps in relation to UK nationals currently living in Denmark under the Free Movement Rules to ensure that they can stay in Denmark on similar terms in accordance with the Withdrawal Agreement (WA).
UK nationals and family members residing in Denmark, as well as cross-border workers commuting to Denmark for work before December 31, 2020, must apply for a new residence permit before December 31, 2021. This also applies to British nationals with permanent residence in Denmark according to EU rules. You can remain legally in Denmark while your application is being processed. This allows UK nationals to retain their right of residence even after the transition period has expired.
When applying for a new residence status in 2021, the applicant must prove that he meets the requirements for a stay under EU law before the end of the transition period. These documents include, among other things, an employment contract, a copy of the EU residence card and bank statements as proof of sufficient funds.
At the beginning of November, the Danish Agency for International Recruitment and Integration (SIRI) sent an information letter to all British citizens residing in Denmark with information on how to apply for the new residence permit.
Further information and the text of this letter can be found (in English).
2. BUSINESS TRAVEL
2.1 Do UK workers need a business visa from January 1, 2021?
Regulation (EU) 2019/592 of April 10, 2019 exempts UK citizens from the requirement of a Schengen visa. It will apply from the day the UK is no longer subject to EU law. However, due to Denmark’s EU opt-out in the area of criminal justice and home affairs, new EU decisions on Schengen would have to be ratified before the rules can come into force in Denmark. It is expected that this decision will be ratified.
Under the regulation, UK nationals can enter and stay in the Schengen Area for a maximum of 90 days over a continuous 180 day period.
The Schengen exception applies from January 1, 2021.
2.2 What documents are required when entering the country for business trips from January 1, 2021?
Only a passport (or similar travel documents) is required. The passport must be valid for at least three months after the date of departure and must not be more than ten years ago.
In addition, the usual requirements for visa-free entry must be met, including the requirement of sufficient funds and documents for the purpose of the stay, if this is required.
2.3 Do British nationals need an additional work permit for business travel in the event of a no deal starting January 1, 2021?
UK nationals can participate in activities such as meetings or training on business trips but otherwise are not allowed to work in Denmark without a work permit.
3. EMPLOYMENT AND RESIDENCE
3.1 Do UK nationals need a work and residence permit in Denmark from January 1st, 2021?
UK nationals who are not WA beneficiaries, see above, are generally required to have a residence and work permit to work in Denmark.
Certain exceptions may apply, such as:
- Short stays for obligations such as meetings or training that can be carried out without a work permit;
- the spouse of a third-country national who has a work permit can work without his or her own work permit;
- Third-country nationals with a permanent residence permit for Denmark are exempt from the work permit requirement.
3.2 If a work permit is required after January 1, 2021, are there quotas for the employment of third-country nationals?
There are no quotas.
3.3 If a work permit is required from January 1, 2021, what types of permits are usually issued?
The most widespread system in Denmark is the Pay Limit Scheme, in which the applicant must submit a job offer with a minimum annual base salary of DKK 436,000 (approx. EUR 58,523.50).
Other relevant programs are the positive list (for professions with a shortage of skilled workers) and programs for trainees.
All systems are subject to special requirements under Danish law.
3.4 If a work or residence permit is required from January 1, 2021, how long does the procedure take?
The application process for the Pay-Limit program takes approximately a month if all requested documents are presented with the application.
Both the employer and the applicant have to fill in part of the application form and the applicant has to register his / her biometric characteristics with a Danish embassy.
3.5 What are the government fees if a work and residence permit is required from January 1, 2021?
Currently, the fee for applying for a permit under the Pay Limit Scheme is DKK 3,215 (approx. EUR 430).
4. FRONTIER WORKERS
4.1 What are the formalities for British cross-border workers who work in Denmark but live in another country from 1 January 2021?
WA beneficiaries will retain their current entitlement to work in Denmark provided they apply for a new residence status in 2021 (see 1 above).
UK nationals not covered by the WA may apply for a work permit as a frontier or cross-border commuter under the rules applicable to third country nationals under Danish law, such as other applicable schemes.
5. PERMANENT STAY
5.1 From when can third-country nationals apply for permanent residence?
In principle, third-country nationals must have resided in Denmark for eight years. However, under certain conditions, a four-year period applies.
Permanent residence in Denmark is subject to a number of conditions. For example, the applicant must be employed and not have received social assistance and, among other things, pass a Danish language test.
6. SECURING THE RESIDENCE AND WORK STATUS
6.1 What steps could UK nationals take now to secure their residence and work status?
UK nationals currently residing in Denmark will need to apply for a new residence permit in 2021 in order to retain their residence permit under the Withdrawal Agreement.
UK nationals could apply for permanent residence under EU rules ahead of Brexit, provided the conditions are met.
UK nationals could consider applying for Danish citizenship if the conditions are met. However, the Danish immigration authorities have announced that no expedited regime or similar will be introduced for UK nationals applying for Danish citizenship. The processing time is currently 20 months.
