New rules on residence permits for highly educated individuals

The legislative changes aim, among other things, to attract international expertise to Sweden and facilitate employers in retaining such competence. Therefore, a new temporary residence permit of up to nine months is introduced for highly skilled and well-educated individuals who wish to stay in the country to seek employment or start a business here.

When the legislative changes come into effect, they apply not only to new applicants but also to those with a pending application awaiting a decision from the Swedish Migration Agency (Migrationsverket).

In addition to the rules for highly qualified individuals, the rules regarding work permits were also changed from June 1, 2022. As part of the new changes, work permits now require employment contracts, and employers are obligated to report if employment conditions deteriorate. This means that the employer must disclose the employment conditions and inform the Swedish Migration Agency if they worsen during the period of employment. Through these stricter requirements, the legislator aims to prevent Swedish employers from exploiting foreign labor through worse employment conditions than those prevailing in the general labor market.

Attract international expertise

Regarding the new residence permit for highly qualified individuals, its purpose is to attract international expertise to Sweden. International recruitment of highly qualified labor is an important complement to national recruitment. This is particularly relevant in industries and professions where there is a shortage of domestic labor. To find the right expertise, Swedish employers have increasingly needed to search for labor in the global job market. At the same time, international competition for certain types of labor is high, which is why there has been a need to facilitate recruitment. The new legislation is therefore a welcome addition for employers who wish to hire highly skilled workers from abroad, and we at WERKS are positive about the new regulations.

Who is considered highly qualified/well-educated?

According to the rules, a certain level of education is required to be eligible for the new residence permit. By requiring a certain level of education, it has been considered that the residence permit is linked to a clear and objective basis that facilitates the authority’s processing and handling of this type of permit.

According to the new rules, the following requirements are placed on the applicant. The applicant must:

• Have completed studies equivalent to an advanced level degree.
• Have sufficient means to support oneself during the period of residence and to cover the costs of returning.
• Have comprehensive health insurance that is valid in Sweden.

The new rules allow individuals with an advanced-level degree to come to Sweden for nine months to search for a job or explore the possibility of starting a business in the country.

What happens if the person gets a job during the permit period?

The new residence permit for highly qualified personnel does not alone grant the right to work in Sweden. If the foreign national is offered a job during their stay in Sweden with the new residence permit, they should submit an application for a residence permit for work and an application for a work permit. With an exception to what is typically required for this type of application, the foreign national, in this situation, can stay in Sweden and apply for a work permit from here. During the processing of the work permit, the foreign national is also allowed to work in Sweden.

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