Extended work permit granted despite non-compliance with Annual Leave Act

The Migration Court of Appeal in Sweden recently ruled that a work permit holder should be granted a permanent residence permit after four years of working in Sweden despite it not being shown that the individual had received vacation benefits aligned with the Swedish Annual Leave Act or the employment agreement.

The Migration Agency had rejected the individual’s application for extended work and residence permit on the grounds that the conditions for previous work permits hadn’t been met since the employer had not been compliant with the Annual Leave Act. This has been the Migration Agency’s most recent stance in relation to requirements for extended work permits.

However, the Migration Court of Appeal ruled on the 24th of September 2019 that the applicant should be issued a permanent residence permit, despite the non-compliance. Their motivation is that while the Annual Leave Act is applicable for the employment, this is a matter of civil law where the employee is entitled to sue the employer. They deem that the non-compliance of the employer in this matter is therefore not a legal reason for the Migration Agency to reject the application for extended work and residence permit.

While the above ruling is guiding for the Migration Agency’s work permit application processing there is no update communicated from them yet as to how they will interpret the ruling. As such, it is yet unclear how exactly this will impact the work permit application process, and whether this interpretation will extend to other employment conditions.

EY will follow the issue closely and keep clients updated on the developments.

Elsa Tirén och Sarah Gardner

 

Contact
Elsa Tirén
+46 76 853 19 79

 

Contact
Sarah Gardner
+46 72 517 91 47