Following the introduction of a new labour immigration law, work permits will only be made available to those labour immigrants in Sweden who earn a salary of at least 80% of the Swedish median salary. The law, an amendment to the Aliens Act, comes into effect on 1 November 2023.
Previously, the requirement was that a labour immigrant's total income must exceed the existential minimum (i.e., the level of income that entitles an individual to income support according to the Social Services Act). As a general rule set by the Swedish Migration Agency, the salary had to amount to a minimum of SEK 13 000 per month.
In a press release from the Ministry of Justice published on 29 September 2022, Migration Minister Maria Malmer Stenergard said that “a properly raised subsistence requirement is an important step in the government's work to tighten the conditions for labor immigration. The level aims to reduce fraud and exploitation linked to labor immigration and to ensure that more people who are already in Sweden take the jobs that are available”.
The decision is based on an agreement between the three parties in the Swedish government (the Moderates, the Christian Democrats and the Liberals) and the Sweden Democrats. The change does not affect labor mobility within the EU, nor are seasonal employees from third countries who arrived under the European Seasonal workers Directive affected.
In accordance with Swedish governance tradition, a number of state agencies as well as civil society organisations, including labour market actors, were asked to give their opinions on the government’s proposal.
The blue collar trade union confederation LO stated that it supports the government’s intention to raise the maintenance requirements from SEK 13 000 a month to at least 80% of Swedish median wage. However, in its comment on the proposal, LO emphasises that an increased maintenance requirement will not automatically erase problems with exploitation of labour migrants, highlighting the need for the Swedish Migration Agency to ensure that maintenance requirements are met: “Criminal employers will not stop exploiting the system for their own purposes if they are not at risk of being prosecuted and convicted of crimes against the exploited labor immigrants”.
In a comment published by PICUM, Swedish immigration expert George Joseph (Caritas Sweden) raises concerns that the changes will fundamentally reshape Sweden’s labour migration policy, which has long been known as “one of the most straightforward and inclusive in the region, with one set of rules applying for all types of employment”. According to Joseph, “the changes will make the rules more complicated, and block non-EU workers from accessing work permits in many jobs and sectors where they are currently employed”.
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