IT&Telecom and others: Key employees expelled because of one word in the law

Fast-growing Swedish companies are thrown into crisis when key employees are deported. Behind the refusals to extend work permits are all too often trivial deviations from applicable collective agreements. Now something must be done quickly for the 8,600 employees who are waiting for their decisions, we write together with representatives of Almega, the Confederation of Swedish Enterprise and the Stockholm Chamber of Commerce in Dagens Samhälle.

The Swedish Migration Agency is currently rejecting a large number of applications for work permit extensions. This means that the situation for labor migrants and many fast-growing companies has become a crisis.

The government has taken commendable initiatives to change the law, but something needs to be done quickly to help the 8,600 migrant workers who are now waiting for a decision on their extension applications.

Deportation decisions for migrant workers have increased dramatically in recent years. In 2009, only 0.8% of all extension applications were rejected; by 2016, the figure had risen to 10% and in the first half of 2017 it had increased to as much as 18%.

At the same time, waiting times have been extended and the Swedish Migration Agency currently has 8,600 extension applications pending. Thousands of labor immigrants who are needed in Swedish companies and for Swedish growth may be deported from Sweden in the coming years.

One of the main reasons for the increased rejection rate is that in 2014 the Riksdag passed a new provision in the Aliens Act, stating that work permits must be revoked in the event of deviations from the set conditions. This, combined with a ruling by the Migration Court of Appeal, is the origin of the Migration Agency's strict application of the law.

Today, the Migration Agency does not take into account factors that indicate that the employer is serious, the employers' willingness to correct the error or the size of the deviation.

The Government has recognized the problem and proposed a two-step change. The first measure was a bill with an exemption from the requirement for employers who voluntarily corrected the errors before the Migration Agency noticed them.

However, this does not help the 8,600 labor migrants who have already submitted their application for an extended work permit and are waiting for a decision. As the deviating conditions are already known to the Finnish Immigration Service, there is no possibility to correct the shortcomings. In other words, the proposal is not sufficient to resolve the situation.

The Government's second measure has been to appoint an inquiry to propose ways for employers to correct minor or insignificant errors even after they have been brought to the attention of the Migration Agency. While this may resolve the situation for many of the 8,600 workers, it is unfortunate that another inquiry has to be set up given the urgency of the situation. Time is running out and several hundred migrant workers are likely to be deported during the investigation period before the new legislation is in place.

Companies are losing key employees on whom they depend, while Sweden's competitiveness is at stake.

Over the past year, the Migration Agency's standard response to criticism has been that they follow current regulations. But the fact is that rejections and expulsions are made without much regard for the principle of proportionality, which is a fundamental principle of Swedish law. Insignificant deviations, which today automatically lead to rejection, are not proportionate to the consequences of a rejection decision for the labor immigrant who is forced to leave the country. The Migration Agency's assessments in each individual case should be compatible with the principle of proportionality. Otherwise, the legitimacy of the rules for work permits is threatened.

The legislation will change, but something must also be done to solve the acute situation of labor migrants. The Swedish Migration Agency has a great responsibility but also good opportunities to already adapt its practices in relation to future legislative changes. Otherwise, many will be forced to leave Sweden unnecessarily.

Amelie Berg, expert on employer issues, Confederation of Swedish Enterprise
Charlotte Olsson, business policy expert, Stockholm Chamber of Commerce
Fredrik Voltaire, expert on industrial policy, Almega
Fredrik von Essen, industrial policy expert, IT&Telecomföretagen