Do I need to submit a new application for work permit?

2018-10-25 i Migrationsrätt
FRÅGA
Hi,My question is about migration.My current situation:I'm from Tunisia.I have been living in Sweden for more then a year (arrived end of august last year) by a work permit that i have obtained doing an internship here. The company invited me to stay and i signed a long term contract with them. They opened a new case for new work permit that i finished and sent to MigrationSverket in the beginning of the July (so 3 month before my work permit expire, in end of septembre). The case is still open and i'm waiting for the decision here in Sweden (i have asked MigrationSverket call service and other lawyers and all confirmed that it was legal for me to wait here and not leave the country). My question:I'm currently being offered a better position in another company. Do I have the right to change employer while my case is still open and my first work permit already expired ? Ifyes , how can i contact MigrationSverket to tell them about the change? if no , what should i do to change the job? do i need to go back home?
SVAR

Hi!

Thank you for asking Jawline your question!

Alternative 1

During the first 24 months, the work permit applies only to the employer you are working for right now, and to the occupation in your decision from migration authority. Should you receive a new job during this time, you have to submit a new application for a work permit. Once you submit your application, you can start working with your new employer before the migration authority makes a decision, provided you have applied for before your previous authorization has expired.

Alternative 2

If you have had a work permit or residence permit for other reasons that gave you the right to work, you must have been allowed for six months or more to continue working for a decision. This applies to the person who has been granted a residence permit for, for example, studies or a relative of someone in Sweden. If you change an employer or occupation, and submit a new job permit application before your previous permit expires, you can start working before you have received your decision no matter how long you have had a work permit in Sweden.

You can apply through the web. If you choose to apply through the web, then the employer who has offered you a job, has to write the application. Once the employer has met certain criteria, you will receive an email with information on how to complete the application. For example, you must fill in certain information in the application, attach documents to the application and then pay and submit the application. After that, the Migration authority will look at the application and decide whether or not to grant a work permit. Through this link you can see more detailed information about the procedure: https://www.migrationsverket.se/English/Private-individuals/Working-in-Sweden/Employed/How-to-apply.html.

Conclusion

If you previous have been allowed a right to work according to alternative 1, you can´t start your other work, since you have not applied for this new application before your previous authorization has expired.

If you previous have been allowed a right to work according to alternative 2, you can start your other work.

You can file an application through the web.

You don´t have to go back home. I recommend that you file a new application regarding your new job.

Do you have any other questions, or do you want to contact one of our lawyers, you are welcome to contact me at pontus.schenkel@lawline.se!

Pontus Schenkel
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