The ‘positive list’ is a scheme where a foreign national can get a residence and work permit if he or she has been offered employment in a field where there is a shortage of qualified labour. At the same time, it is a requirement that the applicant has the relevant education for the position (minimum bachelor’s level).
In the course of the Finance Act negotiations, the government and a number of other parties entered into an agreement that the current positive list should be expanded to include skilled-level positions in areas where there is a labour shortage.
This was implemented in a bill that has now been passed. This means that from 1 July 2020 residence and work permits can be granted to foreign nationals on application if the following conditions are met:
The introduction of the requirement that the employer must have met its target education ratio in the last year of contribution ensures that only employers who live up to their ‘social obligations to educate apprentices’ are allowed to apply the expanded positive list.
In connection with the adoption of the bill, the Ministry of Immigration and Integration has prepared an overview of the work functions that may be included in the expanded positive list, if there is a shortage of labour at the skilled level. The overview is attached as appendix to the adopted act and includes, among other things, laboratory technicians, accounting employees and hairdressers.
In addition, the fine will be increased for companies using illegal labour with effect from 1 July 2020. The level of the fine is doubled in the situation where a company intentionally employed a foreign worker or workers who do not have the right to work in Denmark, and / or where an economic benefit has been obtained or intended in return for the employment.
