1) Work permits in EU/EEA Member States
EU/EEA nationals may freely take up paid work in another EU/EEA Member State, normally against the withdrawal of diplomatic immunity. EU/EEA Member States comprise all EU Member States as well as Norway, Switzerland and Iceland.
2) Denmark’s bilateral agreements
As part of the MFA’s efforts to improve employment conditions for accompanying spouses/cohabitants/partners of posted staff, bilateral agreements regarding work permits have been concluding with the following countries:
◾Argentina (BKI nr. 78 af 16.09.1993)
◾Australia (BKI nr. 12 af 28.03.1996)
◾Brazil (BKI nr. 13 af 28.03.1996)
◾Bulgaria (BKI nr. 15 af 12.06.2003)
◾Canada (BKI nr. 109 af 20.12.1984)
◾Chile (BKI nr. 7 af 22.02.2001)
◾Estonia (BKI nr. 4 af 30.01.2003)
◾Ghana (BKI nr. 146 af 30.11.1995)
◾Latvia (BKI nr. 55 af 21.09.2000)
◾Poland (BKI nr. 23 af 29.04.1999)
◾South Africa (BKI nr. 12 af 30.10.2015)
◾Hungary (BKI nr. 12 af 04.04.2002)
◾USA (BKI nr. 104 af 07.11.1983)
Negotiations are to be conducted with the following countries: Malaysia, Tanzania, Uganda, Ukraine and Vietnam.
3) Work permits outside EU/EEA Member States
If there is no bilateral agreement, the employment opportunities in the host country for accompanying spouses/cohabitants/partners are especially concentrated on jobs in large international organisations such as the UN, local employment with foreign Missions, as well as unpaid voluntary, humanitarian work. If the host country’s authorities grant permission it will also be possible for an accompanying spouse/cohabitant/partner to have his/her diplomatic immunity withdrawn against obtaining the desired work and/or residence permit. Withdrawal of immunity in such a situation will require the acceptance of the MFA.
The Mission is responsible for the administration of visit travels. Applicable for all visit travels is that they are accrued over a period of 12 months starting from the posting date of the staff member. The travels CANNOT be accumulated if it is not possible to use all of them within the period of 12 months.
In connection with visit travels, children or parents are automatically covered during the actual journey by the Danish government official travel insurance and during the stay by the sickness and home transport insurance scheme. If visit travels take place in another country than the posted staff member’s country of posting, it is by contrast necessary to take out a private family insurance during the stay.
For non-accompanying spouses/cohabitants/partners, three yearly visit travels are provided. The posted staff member and the spouse/cohabitant/partner are free to decide which of them is to use the visit travels.
For non-accompanying children and step children, three yearly visit travels per child are provided to the place of posting. The entitlement to paid child visit travels ends when the child turns 21 years of age.
For staff posted after 1 January 2014, the rules have been changed regarding the conversion of visit travels. Similarly, visit travels are presumed to take place between Denmark and the posted staff member’s country of posting.
The MFA will pay school expenses for accompanying children in the host country starting with kindergarten class (i.e. the last year before start in 1st grade) as well as schooling from grades 1-9 until finalised upper secondary education (ungdomsuddannelse), but not beyond the school year in which the child turns 21 years of age.
If local public schools are not deemed adequate or secure, school/tuition expenses will be paid. If enrolment in a local fee-charging school is preferable, this must be agreed with the Mission prior to enrolment.
If a child is to attend boarding school in Denmark or in a third country during the posting abroad, this must be agreed with HR/Udeteam prior to enrolment.
If accompanying children are expected to start higher education after having returned to Denmark, it is recommended to contact the Danish Agency for Higher Education: Guide to diploma recognition regarding admission to Danish educational establishments on the basis of foreign qualifications.
The reimbursement of school expenses for accompanying children of posted staff will cease in connection with the transition to the home service.
When recalled to Denmark, the staff member should as soon as possible enrol children in nursery, kindergarten, school and after-school activities. Please be aware that enrolment in Folkeskolen (Danish primary and lower secondary school) in most municipalities takes place in the autumn prior to the following school year. However, practice may differ from one municipality to another.
Briefing on the practice of the Ministry of Justice regarding dispensation for lapse of a foreign spouse’s or cohabitant’s residence permit during postings abroad.
The Ministry of Justice has announced that a changed administrative practice will be applied regarding the administration of the so-called “bortfaldsregel” (rule on the lapse of residence permit) (section 17 (1) first sentence of the Danish Aliens Act) and has in this connection asked the MFA to brief staff on the change.
According to the new administrative practice, foreign spouses or cohabitants of persons posted abroad by the MFA will no longer be barred from obtaining dispensation for lapse of residence permit if it is a matter of a posting abroad for more than four years.
With regard to postings abroad for terms up to four years, practice will be – as has been the case so far – that after application has been submitted to the Danish Immigration Service prior to departure, dispensation will be granted for lapse of residence permit for this period of time.
In other words, foreign spouses or cohabitants of posted staff must also in future apply for dispensation for lapse of residence permit to the Danish Immigration Service prior to going abroad. However, under the new practice, they may obtain the desired dispensation also if it is or, during the stay abroad, becomes a matter of a period exceeding four years. Applicants whose spouse or cohabitant was originally posted for a period of time shorter than or up to four years, may, if the posting abroad is prolonged, also obtain dispensation subject to renewed application for this.
The administrative practice will include persons who currently live abroad as a result of their spouse’s or cohabitant’s posting as well as persons who in future will accompany their spouse or cohabitant in connection with a posting abroad.
Please address any questions regarding the administrative practice to the Danish Immigration Service or Familiesammenføringskontoret i Justitsministeriet (the family reunification division in the Ministry of Justice).
For staff posted before 1 January 2014, a contribution may be made towards expenses for childcare from the age of two until one year before the child starts in 1st grade/grade equivalent to Danish kindergarten class.
For staff posted after 1 January 2014, a contribution may be paid towards expenses for childcare from the age of one until one year before the child starts in 1st grade/grade equivalent to Danish kindergarten class.
The scheme comprises a maximum limit of DKK 100,000 from which a parental share of DKK 28,300 must be deducted, corresponding to the average self-payment rate in the municipalities of Copenhagen, Gentofte and Lyngby-Taarbæk. In other words this is a contribution scheme.
It must be a matter of established public childcare facilities which can be compared to Danish childcare facilities (vuggestue (nursery) and børnehave (kindergarten)). If it is not possible or reasonable for professional or security reasons to place the children in public facilities, private childcare facilities can be used. However, expenses for private employment contracts such as an au pair are not covered.
A sibling deduction of 50 per cent of the parental share for the least expensive place/s can be obtained similar to the Danish public childcare system.
To the extent that the agreements (for example the collective agreements and the AC agreement) allow for this, spouses and cohabitants of staff in the state sector are entitled to leave without pay during the entire term of the posting abroad.
This applies to the state sector, the regions and the municipalities.
In connection with an application for leave, a copy of the posted staff member’s posting confirmation letter should be enclosed.
The objective of the scheme is to compensate accompanying spouses/cohabitants of MFA permanent staff for loss of pension entitlement during postings abroad. Therefore, the scheme does not comprise accompanying spouses/cohabitants/partners who as part of their employment relationship during the posting abroad have a pension scheme.
Spouses/cohabitants/partners who have retired (early retirement benefit scheme/age-related pension (state pension)) on the posting date cannot be included in the scheme. If the transition to early retirement benefit/age-related pension takes place during the posting abroad, the right to inclusion in the scheme will, similarly, lapse from the date of the transition. The staff member must inform the MFA of the change.
The MFA has entered into an agreement with the Ministry of Finance to the effect that as of 1 April 2015 the monthly amount paid into the pension scheme constitutes
DKK 1,701 for accompanying spouses/cohabitants/partners of posted staff prior to 1 January 2014
DKK 4,223 for accompanying spouses/cohabitants/partners of posted staff after 1 January 2014
Guidance as well as a form for establishing the scheme in connection with a posting abroad or continuing the scheme in connection with transfers may be obtained from HR/Udeteam. The application form must be signed by both parties and must, together with a copy of the posting confirmation letter, be sent to HR/Udeteam.
Staff whose accompanying spouse/cohabitant/partner was previously included in the spousal pension scheme must submit a new application form in connection with a new posting abroad.
A transfer to a new post in the service abroad is regarded as a new posting abroad, and the original form must be submitted with a view to potential continuation of the pension scheme.
Accompanying spouses/cohabitants/partners who meet the conditions of inclusion in the spousal pension scheme during the posting abroad and who have not submitted an application for inclusion in time in connection with the posting abroad may be included in the scheme with effect from the start of the staff member’s current posting.
Applications received after the recall of the staff member cannot be expected to be accommodated.
Attention should be drawn to the fact that all information/changes that may be of importance to the MFA’s premium payments must be communicated to HR/Udeteam, immediately upon commencement.
Staff posted to American posts – It is important that the application form is submitted prior to the posting date.
New American legislation is important for those who wish to sign up for the spousal pension scheme and it prevents signing up retroactively.
Irrespective of whether the spouse/cohabitant/partner must in the first instance be included in the spousal pension scheme or not, an application must be submitted prior to the posting abroad. The reason is that it is only possible to be included in the scheme while the applicant is living in Denmark.