Posting third-country national workers to Sweden: is it possible?
Can a company established in another EU Member State post third-country national employees to Sweden?
Many European companies established in other member states (for instance Poland, Lithuania, Germany) carry out temporary projects in Sweden for Swedish clients. These projects often require specialised workers who are already employed by the company in another EU Member State. In some cases, those workers are not EU citizens but third-country nationals who hold a residence and work permit in the Member State where the company is established.
A common question is therefore whether such employees need to apply for a Swedish work permit before they can work temporarily in Sweden.
The answer is that, in many posting situations, a third-country national who is lawfully employed and authorised to work in another EU Member State may be posted to Sweden without obtaining a Swedish work permit, provided that the legal conditions are met.
However, this is an area where documentation, timing and legal structure are crucial. A project that is not properly prepared may lead to questions from Swedish authorities, delays at the border, uncertainty for the Swedish client and unnecessary disruption to the business project.
The EU law principle: freedom to provide services
Under EU law, a company established in one Member State has the right to provide services temporarily in another Member State. This is one of the foundations of the EU internal market.
Where a company established in another EU Member State has entered into a contract with a Swedish client to provide services in Sweden for a limited period of time, the company may need to send its own employees to Sweden to perform the work.
This situation is generally covered by the EU rules on posting of workers. The Posting of Workers Directive applies when a company posts employees to another Member State in the framework of the cross-border provision of services.
Importantly, the rules on posting are not limited to EU citizens. A third-country national may also be a posted worker if he or she is lawfully employed by the company in the Member State where the company is established and is posted temporarily to Sweden to perform work for the Swedish recipient.
The Court of Justice of the European Union clarified this principle in the well-known Van der Elst case. The Court held that a Member State cannot require a separate work permit for third-country nationals who are lawfully and habitually employed by a company in another member state who are temporarily posted to the host Member State in the framework of a cross-border service provision.
This means that Sweden cannot automatically require a Swedish work permit only because the posted worker is a third-country national. What matters is whether the worker is lawfully residing and working in the Member State where the employer is established, and whether the assignment in Sweden is genuinely temporary and connected to the employer’s service contract.
Swedish law reflects this principle. A third-country national who is resident in another EEA state, but is not an EEA or Swiss citizen, may be exempt from the Swedish work permit requirement if the following conditions are fulfilled:
the worker has the right to reside and work in the country where he or she lives;
the worker is employed by a company established in that country;
the worker is sent to Sweden temporarily;
the work in Sweden is carried out for the employer’s account; and
the work is connected to a contract, project, subcontracting arrangement or similar service provision in Sweden.
In practical terms, this exemption is particularly relevant for EU companies established for instance in Poland or Lithuania that have been awarded a project in Sweden and need to post their own employees to perform installation, construction, technical, industrial, IT, engineering or other specialist services for a Swedish client.
Residence in Sweden: the first three months and longer projects
A third-country national who is posted to Sweden may normally stay in Sweden without a Swedish residence permit and start to work from day 1 during the first three months, provided that the person has the right to enter and stay in Sweden under the applicable immigration and Schengen rules.
If the project will last longer than three months, the residence permit situation must be assessed carefully before the posting begins. The company should not assume that the work permit exemption automatically solves all residence-related questions for longer assignments.
For longer projects, the legal strategy should be planned in advance, including whether a Swedish residence permit application is needed, when it should be submitted and which documents should support the application.
Why preparation matters
Foreign companies sometimes experience difficulties not because the legal route is unavailable, but because the posting has not been documented properly.
In practice, posted third-country national workers should be able to show that they are lawfully employed by the foreign company, that they have the right to work and reside in the Member State where the employer is established, and that the assignment in Sweden is temporary and linked to a specific service contract.
Problems may arise if the documentation is unclear, incomplete or inconsistent. A well-prepared posting file can reduce these risks and help the company avoid delays, misunderstandings and unnecessary disputes.
How Momentius LPA can support your posting project in Sweden
Momentius LPA advises foreign companies that provide services in Sweden and need to post employees, including third-country nationals, to Swedish worksites.
We can assist with:
legal assessment of whether the work permit exemption applies;
review of the service contract and posting structure;
assessment of the employee’s residence and work rights in the employer’s Member State;
preparation of supporting legal documentation for the posted worker;
advice on Swedish posting notifications and contact person requirements;
guidance on Swedish labour law, collective agreements and working conditions;
advice on A1 certificates and social security coordination;
communication with Swedish authorities where needed; and
legal support if the worker or the company faces questions from Swedish authorities.
For companies operating in sectors such as construction, installation, engineering, industrial services, IT, technical services and specialist subcontracting, early legal planning can be decisive for a smooth project start in Sweden.
Planning to post third-country national employees to Sweden?
If your company is established in another EU Member State and is planning to provide services to a Swedish client, you should assess the immigration and posting requirements before the project begins.
The right legal structure can make it possible to post third-country national employees to Sweden without applying for a Swedish work permit. At the same time, the company must ensure that the assignment is properly documented and compliant with Swedish and EU rules.
Momentius LPA can help your company assess the legal conditions, prepare the necessary documentation and reduce the risk of delays or misunderstandings during the project.
Contact Momentius LPA for legal advice before posting third-country national employees to Sweden.