Sweden: Possibility to change a decision on a work permit if errors corrected by employer
Cases of labour immigrants who have had their working permit withdrawn because of minor differences between the conditions in their contract and those stipulated in the relavant collective bargaining agreement have received some media attention lately. An new legislation to enter in effect on 1 December 2017 gives the Swedish Migration Agency the possibility to change a decision on a work permit if errors are corrected by the employer.
According to the previous legislation, work permits can only be issued and/or prolonged to labour immigrants who have employment with wages and other conditions (such as working hours, insurances, etc.) that are in line with the collective bargaining agreement in their area of work. Withdrawing a residence permit for work due to minor shortcomings in working conditions can give unreasonable consequences in some cases, which affects both individuals and legitimacy of the regulations as such.
Therefore, the government decided to assign a particular investigator to consider measures for strengthening labor immigrants' position in the labor market in 2015. Following this investigation one of the proposal is an amendment of the Alien Act that allows the Swedish Migration Board to refrain from withdrawing a temporary work permit if the employer themselves have remedied the shortcomings that would otherwise lead to a recall of the permit.