To those responsible for migration policy: Tighter immigration rules hit Swedish companies hard

Skills supply

We demand answers. Several labor immigrants have been deported in the past year due to trivial mistakes. In addition, the tightening of the Aliens Act has led to a shift away from the law's labor-promoting purpose. This prevents necessary skills immigration, write representatives of companies and organizations on the initiative of IT&Telekomföretagen on DN Debatt, and in an open letter to those responsible for migration policy.

During the year, a number of cases have come to light in which labor migrants from third countries have been deported due to trivial mistakes by former or current employers. This procedure is not only a personal tragedy for the individuals deported, but also a serious obstacle for our companies, which depend on well-functioning labor immigration to conduct business in Sweden, and a severe blow to Sweden as a nation that attracts talent and skills.

In a review of 450 deportation cases, the independent Center for Justice has shown that the grounds for deportation can be divided into three types of cases:

  • More or less trivial deviations from the employment conditions required by the Migration Agency, usually unintentional and compensated by the employer afterwards.
  • The position has not been advertised correctly according to the Migration Agency.
  • Authorizations have not been extended when the extension application is not considered to have been received in time, or other formal requirements have not been met.

Swedish migration legislation is based on two parts - asylum law and labor immigration law - which are substantially different in nature. While the first is intended to control immigration without grounds for asylum, the second is intended to facilitate immigration to support the labor market where skills shortages exist.

In 2014, a number of tightenings were introduced in the Aliens Act, with the aim of addressing irregularities linked to labor immigration. One very unfortunate change that was made to the revocation provision, which is important for skilled immigration, was that work permits must be refused if the conditions are not met. This was not only a tightening of the law, but also a political shift away from its labor-promoting purpose.

However, even taking into account this amended revocation provision, the expulsion decision has thus been taken without any legal basis. No assessment of reasonableness is made, nor is any overall consideration given.

In addition, several other aspects of the application of the labor immigration rules constitute serious obstacles to effective skills immigration, contrary to the intentions of the law:

  • Continued long processing times for work permits, and cumbersome administrative processes, both for new applications and renewal applications.
  • New requirements for pension, health, accident and life insurance contributions to be made from day one, particularly affecting intra-group workers. In order to make these payments, a coordination number from the Swedish Tax Agency is required. However, the Tax Agency only issues these numbers for fixed periods of 6-12 months, and nowadays only when the individual is liable for tax. As the workforce is usually active in projects that can be both longer and not initially fixed in time, there is a practical stop. There is no contact between the Swedish Migration Agency and the Swedish Tax Agency to resolve the dilemma.
  • The requirement of 42 months' residence in Sweden during a 48-month period for intra-group workers means in practice that after four years it is not possible to continue working in Sweden. The only alternative is to apply for a permanent residence permit, which will not be granted if you have not reached 42 months' residence. For those who wish to apply for a permanent residence permit, the problem is that they have often started their four-year period with a number of shorter stays, which means that they are rejected even though they have been offered permanent work in Sweden.
  • Lack of clarity on how long those who have been deported, or not granted an extension, have to wait to reapply for a permit.

Based on these facts, we request answers to the following questions from those responsible for migration policy:

  1. How is the application of the law by the authorities in line with the purpose of the Labor Migration Act, which is to promote - under serious and controlled conditions - the supply of talent to industries and sectors with labor shortages?
  2. Given the promotional purpose of labor immigration regulations, why does the Swedish Migration Agency lack a service function that makes it easier for small and medium-sized companies in particular to avoid making the mistakes for which their immigrant employees are now being penalized?
  3. Why are no fairness or proportionality considerations taken into account regarding the impact of the decisions on the individuals affected?
  4. What efforts are being made to synchronize authorities, such as the Swedish Migration Agency and the Swedish Tax Agency, so that the application works for the very important intra-group labor migration?
  5. How can we be sure that the current inquiry into labor immigration is working to include fairness assessments in its remit?

We are deliberately addressing these questions broadly to the government, the Migration Agency and the special investigator who is now investigating the legislation. In short, what we are asking for is clear leadership and a clear sense of responsibility for the skills immigration that we and Sweden so badly need.

Glenn Arnesen, CEO IFS Scandinavia

Ulrik Bengtsson, CEO Betsson

Nils Bildt, Chairman Teleopti

Jacob De Geer, CEO and Founder Izettle

Sergio de Brito, CEO Sogeti Sweden

Daniel Ek and Martin Lorentzon, founders Spotify

Henrik Eskilsson, Founder and CEO Tobii

Anne-Marie Fransson, Director of the IT&Telecom Confederation

Carl-Johan Hamilton, CEO Ants, Chairman IT&Telecom Companies IT Skills Council

Anders Hamnes, CEO Oneflow

Anna-Karin Hatt, CEO Almega

Oscar Hedlund, CEO Comparo

Per Helin, Founder and CEO Publit

Magnus Höij, CEO of Swedish Technology & Design Industries

Martin Jacobson, CEO and Founder Supertext

Johan Johansson, CEO 3

Per Johanson, CEO Tieto

Axel Kling, CEO Snow Software

Lars Kry, CEO Sigma IT Consulting

Frederic Laziou, CEO Tacton Systems

Carina Lindfelt, Head of Labor Market Department, Confederation of Swedish Enterprise

Alan Mamedi and Nami Zarringhalam, founders Truecaller

Erik Matsgård, CEO Wemore

Günther Mårder, CEO of Företagarna

Dinesh Nayar, CEO and Founder Fyndiq

Maria Rankka, CEO Stockholm Chamber of Commerce

Lena-Liisa Tengblad, CEO Forest and Rural Employers' Association

Carl Tivelius, co-founder Ferrologic

Henrik Tjärnström, CEO Unibet Group

Leendert H. Venema, CEO Capgemini Nordics

Monica von Schmalensee, CEO White Arkitekter

Fredrik Wester, Founder and CEO Paradox Interactive

Fredrik Wetterhall, Founder and CEO Optolexia

Klas Wåhlberg, Director of Teknikföretagen