Employment of a person who is a non-EU country citizen, you need to check their work permit and then submit a form to the Swedish Tax Agency. If you don’t do this properly, you and your company risk fines and even imprisonment.
With a thorough background check before employment, including identity and work permit checks, you can ensure the person’s right to work in Sweden and create a safe and secure workplace.
Who has the right to work in Sweden?
The right to work in Sweden depends on several factors, such as the person’s nationality and whether they have a valid work permit. Here are the rules that apply:
- Swedish citizens and citizens from other EU/EEA countries: Swedish citizens have unlimited right to work in Sweden. Citizens of EU countries (European Union), EEA countries (European Economic Area) and Switzerland also have the right to live and work in Sweden without a work permit. However, they need to register with the Swedish Migration Agency if they plan to stay longer than three months.
- Nordic citizens: Citizens from Denmark, Finland, Iceland and Norway do not need a work permit to work in Sweden. They have the right to live and work in Sweden without registering or applying for a permit.
- Citizens from countries outside the EU/EEA: People from countries outside the EU/EEA need a work permit to work in Sweden. To obtain a work permit, they must have an offer of employment from a Swedish employer. The employer must have advertised the job in the EU/EEA area and Sweden for at least ten days, for example on the Swedish Public Employment Service. Employment conditions must be at a similar level to Swedish collective agreements or what is customary in the profession or industry.
- Asylum seekers and refugees: Asylum seekers with an AT-UND (work during the asylum process) are entitled to work in Sweden without a work permit while their asylum application is being processed. Refugees who have been granted a residence permit in Sweden have the right to work without restrictions.
Employers’ obligation to check employees’ work permits
As an employer, you have a major responsibility to ensure that all your employees have the right to work in the country. It is important that you carefully check and verify that each employee, especially those who are not EU/EEA nationals, have a valid work permit. This obligation is on you to prevent illegal labour.
The process starts in the recruitment phase, where you have to check the documents that prove that the potential employee is authorised to work in Sweden. You can choose to verify the authenticity of the candidates’ documents yourself. To save time on administration, many companies choose to outsource their background checks of final candidates. Depending on which background check company you choose, you can choose to include work permit checks. This is normally done in conjunction with an identity check.
Curious about how it works? See our recommendations of different verification profiles here.
What documents should you verify before hiring non-EU/EEA nationals?
It is a legal requirement that you should check a person’s right to work in Sweden by verifying any of the following documents before hiring;
Residence permit card – A residence permit card is a physical proof that a person has the right to stay in Sweden for a certain period of time. This card is usually issued after a person’s residence permit has been approved. The card contains personal data, a photograph and information about the validity of the permit. In order for the person to work in Sweden, the card must contain one of the following texts
○ temporary residence and work permit
○ residence permit with the text “Allowed to work” (Får arbeta)
○ permanent residence permit
Copy of the decision on a residence and work permit from the Swedish Migration Agency – When a person applies for a residence and work permit in Sweden, the Swedish Migration Agency handles the application. After the application has been processed, the applicant receives a written decision. A copy of this decision serves as proof that the person has been granted the right to live and work in Sweden. The decision contains information about the validity of the permit and the right to work.
LMA card – An LMA card is an identity card issued to asylum seekers in Sweden. The card proves that the holder is registered with the Swedish Migration Agency and is entitled to certain benefits during the asylum process, such as health care and the opportunity to work if you have AT-UND, which is an exception from the requirement for a work permit.
You can read more about each document on the Swedish Migration Agency’s Swedish Migration Agency’s website.
Interested to know more about Right to work checks? Send your request and Robbert will help you as soon as he can.
Robbert Remmers is Validata’s commercial director for both Sweden and the Netherlands. Do not hesitate to contact Robbert with your questions about Right to Work or other types of background checks and our processes.
Risk of fines and sanctions if you employ someone who is not authorised to work in Sweden
If you employ someone who does not have the right to work in Sweden, you are violating Sweden’s labour market laws and risk serious consequences. It is your responsibility to carefully check the work permit and failure to do so can result in both fines and imprisonment. The person responsible for the employment can be fined or sentenced to prison, and your company can be deprived of the right to public support, grants and benefits and be obliged to repay previously paid grants.
Validata performs background checks on employees in Sweden and internationally
Verifying work permits and their authenticity as well as the person’s actual identity can be a complex process. At Validata, we perform background checks on employees in Sweden and internationally quick and easy. With our software Valluga, the candidate’s details are checked directly with our trusted data partners and if anything is incorrect, this is marked as a discrepancy in a verification report. You can feel confident that the person you hire is who they claim to be and that they have the right to work in Sweden.
Right to work check and ID check under GDPR
Our ID checks and Right to Work checks are always carried out in accordance with applicable laws and regulations such as GDPR. Our Data Protection Officer continuously checks our services and ensures that they comply with all GDPR guidelines, so that your background checks are carried out correctly and securely.
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