New rules for exemption from the requirement of a work permit for short term travel

The Minister for Foreign Affairs of the Kingdom of Denmark Lars Løkke Rasmussen recently announced new rules that eases the process for Danish registered companies inviting foreign employees from affiliated companies outside of Denmark to work in Denmark for short periods without having to apply for a work permit. The new exemption ensures quick and effective case handling to enable Danish registered companies to work more effectively across borders as it is important for the government that Danish business do well in Denmark and out in the World.

From 17 November 2023, the new rules on exemption from the requirement of a work permit for employees coming to Denmark from overseas affiliated companies came into force.

The new exemption is for foreign employees of companies outside Denmark that are consolidated or affiliated with a company in Denmark, in addition to the existing exemptions from work permits.

The general conditions for the exemption scheme for affiliated companies are:

• The employee must be employed in a company outside Denmark (No requirement on duration or position but employment must documented by a declaration from the employer or a copy of the employment contract)
• The company must be consolidated/affiliated with a company in Denmark (The exemption applies to Danish, international and foreign companies in Denmark. It is not a requirement that the parent company is located in Denmark)
• The company in Denmark must have at least 50 employees (Based on number of employees in CVR register) (There are no requirements for the affiliated company outside Denmark).
• The employee can work in Denmark for two separate periods within a period of 180 days without a work permit
• Each working period must last no more than 15 working days (Excludes weekends and public holidays unless the employee is going to work on these days)
• Unused days cannot be transferred to subsequent working periods
• The employee must stay outside Denmark for at least 14 days between the two working periods

The exemption applies to all kinds of positions; however, there are restrictions within certain industries, including:

• Construction
• Agriculture, horticultural and forestry sector
• Cleaning (including window cleaning)
• Hotels and restaurants
• Carriage of goods
  

Within the aforementioned industries, the exemption only applies to management work or work that requires knowledge at the highest or intermediate level and not skilled or unskilled manual work.

For foreign nationals from countries that require a visa to travel to Denmark, such as China, the employee is still required to apply for a visa under the exemption scheme with use of the VU5 form.

Please refer to New to Denmark for further information.