What to check when hiring foreign workers in Sweden

When hiring someone who is not a Swedish, employers in Sweden have a legal obligation to verify whether the employee has the right to work in the country. Failing to do so can lead to severe consequences, such as fines and, in serious cases, imprisonment.

We recently represented a client in a case where the Swedish Migration Agency claimed that an employee was working illegally. Had the employer and employee not appealed, the decision could have resulted in penalties and even restrictions on hiring workers from outside the EU in the future. Because these rules can be complex, we have gathered some essential guidance for Swedish employers considering hiring individuals from outside the EU.

Employer Responsibilities

Before a foreign national begins employment, the employer must check that the individual holds valid documentation proving their right to live and work in Sweden. This applies whether the person has a work permit or is exempt from needing one.

Employers are also required to keep a copy of these documents throughout the employment period and for at least twelve months after the employment ends.

Common Categories of Workers

Here are some typical situations employers encounter:

1. Individuals with Residence Permits

Holders of Swedish residence permits usually have a residence permit card. This card indicates whether they have the right to work. If no card is available, the decision letter granting the residence permit can serve as proof.

2. Asylum Seekers

Asylum seekers are generally exempt from needing a work permit while their application is being processed. Employers can verify this through the person’s LMA card. If the card includes the designation AT-UND, the asylum seeker normally has the right to work. However, this right may be revoked, for example if a final deportation order has been issued.

3. EU Citizens and Their Family Members

For EU citizens, it is usually sufficient to confirm their nationality. Family members of EU citizens typically need a valid residence card to prove their right to work in Sweden.

4. Long-Term Residents of Another EU Country

If a person holds long-term resident status in another EU country, this will be shown on their residence card. Under EU law, such individuals are usually exempt from the Swedish work permit requirement.

Other Situations That Require Extra Attention

In addition to the cases above, employers may also need to carefully assess situations such as:

• An employee applying for an extension of their work permit.

• Workers entering Sweden with a visa or visa exemption.

• Employees in special professional categories (e.g., researchers or athletes).

• Assignments within an international corporate group.

• Urgent repair or service work.

• Business activities conducted under an international agreement.

• Other specific exemptions from the work permit requirement.

Key Takeaway

Ultimately, it is the employer’s responsibility to ensure that every employee has the legal right to live and work in Sweden. The examples above highlight common scenarios, but each employment situation can differ. Additional obligations can also apply, such as reporting the employment to the Swedish Tax Agency or the Migration Agency.

Given the serious consequences of non-compliance, employers who are uncertain should always seek professional legal advice. At Momentius, we regularly assist employers with hiring processes involving non-EU nationals. If you have questions or need guidance, don’t hesitate to contact us.