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Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.

Factsheet for measure DK-2023-13/3732 – measures in Denmark

Amendment to the Immigration Act aimed at enhancing international recruitment

Ændring af udlændingeloven for at fremme rekruttering af udenlandsk arbejdskraft

Country Denmark , applies nationwide
Time period Open ended, started on 01 April 2023
Context Labour Migration Management
Type Legislations or other statutory regulations
Category Protection of workers, adaptation of workplace
– Labour market testing policies
Author Carsten Jørgensen (FAOS, University of Copenhagen), Louise Fabricius (Oxford Research) and Eurofound
Measure added 04 April 2025 (updated 29 April 2025)

Background information

In April 2023, Denmark adopted a legislative amendment to the Immigration Act (L 46) to address labour shortages by strengthening international recruitment. The reform originated from a political agreement in June 2022, which introduced a set of temporary measures, including a salary threshold scheme, an expansion of the fast-track scheme, increased access for international graduates, an expanded positive list for highly educated professionals, and a broadened Startup Denmark scheme for foreign entrepreneurs. The positive list is a list of occupations experiencing a shortage of qualified labour in Denmark, which enables easier access to work and residence permits for third-country nationals. Prior to the reform, occupations could be removed from the positive list during biannual updates based on changes in labour market demand. Under the new rules, occupations must remain on the positive list for a minimum of two years after being listed, providing greater predictability for employers and applicants. Following the 2022 general election, the new government decided to make the amendment permanent. The measures aim to attract skilled third-country nationals in areas with documented labour shortages, while ensuring compliance with Danish wage and employment conditions.

Legal reference: L 46, Proposal to amend the Immigration Act

Content of measure

The legislative package adopted in April 2023 through L 46 introduces a range of measures aimed at strengthening international recruitment in Denmark.

One of the central features is a new pay threshold scheme, under which third-country nationals can obtain a residence and work permit if they are offered a position with an annual salary of at least DKK 375,000. The permit can be granted for up to five years and is conditional on the existence of labour shortages in the sector for which third country nationals are recruited.

The reform also expands the fast track scheme by lowering the threshold for company participation from 20 to 10 full-time employees, thereby enabling more small and medium-sized enterprises to recruit foreign workers quickly and flexibly.

Additionally, international students who complete a Danish bachelor’s, professional bachelor’s, master’s, or PhD degree are now automatically granted a three-year job-seeking residence permit.

The positive list of in-demand occupations has also been expanded and regionalised, with sectoral unemployment funds and regional labour market councils authorised to add job titles. Occupations now remain on the list for a minimum of two years, enhancing transparency and predictability for both employers and workers.

Finally, the Startup Denmark scheme has been broadened to include foreign entrepreneurs wishing to establish a Danish branch of an existing business or continue operating a successful startup they have already founded in Denmark under a different residence basis

Use of measure

No information available yet.

Target groups

Workers Businesses Citizens
Migrants or refugees in employment
Start-ups
Does not apply to citizens

Actors and funding

Actors Funding
National government
Employers' organisations
Company / Companies
Local / regional government
Public employment service
No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role No involvement No involvement
Form Not applicable Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

  • Social partners jointly
  • Main level of involvement: Sectoral or branch level

Involvement

In the implementation phase, unemployment insurance funds (A-kasser) have been granted a formal role. They are now authorised to propose additional occupations to the national positive list. Regional labour market councils, composed of both employer and employee representatives, have been assigned a role in identifying and proposing region-specific occupations for the positive list.

Views and reactions

The social partners are positive towards the amendment.

Sources

  • 03 April 2025: Forslag til Lov om ændring af udlændingeloven (Styrket international rekruttering) (www.retsinformation.dk)
  • 03 April 2025: L 46 Forslag til lov om ændring af udlændingeloven. (www.ft.dk)

Citation

Eurofound (2025), Amendment to the Immigration Act aimed at enhancing international recruitment, measure DK-2023-13/3732 (measures in Denmark), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/DK-2023-13_3732.html

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Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.