Immigration information on probation periods
In light of the resent changes at the Migration agency, we would like to clarify the Probation period issues that have arisen, and provide you with information so you can make an informed decision in line with your company’s needs and policies.
As the Migration agency now asks to see the Employment contract for all applicants (previously it was only at the extension stage), permits are now being issued only for the probation time stated in the contract. We understand this is normal praxis for most companies and it is not always possible to waiver this.
The rule states:
“When applying for an extension, the employee may work during the processing time if he or she has had a work permit for at least six months and the application is submitted to the Swedish Migration Agency before the previous permit has expired.”
To clarify, the important part is to have a permit issued for 6 months or more, not actually having worked in Sweden for 6 months or more.
To avoid the employee having to give up work during the extension process we suggest not stating specific dates for the probation period in the contract.
For example, it could say:
Probation period 6 months from start date XXXXXX or from work permit’s validity date.
This will give you more flexibility on start date as the decision times are longer and harder to plan for now.
The earliest an extension can be submitted is 3 months before expiry date of current permit or as soon (after 3 months) as you are ready as a company to apply with a permanent contract for the employee.
Important information regarding the contract and salary:
- It is important that contract is signed after the required advertising time period.
- Must have information about all occupational insurances (long-term illness, life, occupational injury and pension) or collective bargaining agreement in place.
- Other information in contract: salary, expected start date, form of employment, part/full time, other employment aspects
- If the employment contract stipulates a 6 month probation period the permit will only be issued for this period – creating issues when acquiring a personal number, setting up occupational insurances and for certain nationals setting up a bank account. Very important that any probation period mentioned does not state a start and end date, just the time from the final start date or start date depending on permit approval.
If an applicant gets a permit with 6 months’ validity, it can be more difficult to obtain a Swedish personal number. Here we suggest bringing the employment contract when visiting the tax office to show that employment will become permanent after a standard probation period. We have seen this to work, but as a company, you may have to create a letter explaining your intent for this employee.
Swedish Personal number is needed for setting up Insurances, obtaining and ID-card, applying for social insurance and opening a bank account. It is also often needed for personal mobile phones and other requirements in daily life.
Please contact your local contact for more information or if you have any questions.
Nordic Relocation Group