Overview
The Swedish government has decided on a legislative proposal aimed at improving Sweden's ability to attract and retain highly qualified employees. The government proposes legislative changes to implement the new EU Blue Card Directive, replacing the Blue Card Directive from 2009. The legislative changes are proposed to come into effect on the 1st of January 2025.
In addition, the Swedish government has appointed a special investigator to evaluate the existing immigration legislation concerning family reunification. The aim is to implement a more restrictive regulation that is still aligned with EU legislation and international conventions. The evaluation is expected to be presented to the government by the 25th of August 2025.
Background
EU Blue Card Directive
An EU Blue Card is a combined residence and work permit that can be granted to foreigners with employment contracts for highly qualified work in Sweden. Although having been available for several years, the permit type has been more popular in other European countries than Sweden.
On 15th of August, the Swedish government submitted a legislative proposal to the Council of Legislation that aims to implement the new EU Blue Card Directive, which replaces the 2009 Blue Card Directive. The proposed changes are planned to come into effect on the 1st of January 2025. The proposal contains suggestions to promote the immigration of highly qualified labour and aims to simplify and promote the use of the so-called EU Blue Card in Sweden and with this improve the opportunities to attract and retain highly qualified employees in Sweden and in the EU.
Family Reunification
The conditions for granting a residence permit due to family reunification in Sweden are based on the individual’s right to stay in the country and whether their residence permit is temporary or permanent. The Swedish government wants to reform the immigration regulations concerning family reunification, where the purpose is to achieve a more sustainable immigration and address increasing social exclusion and integration challenges. To further this goal, the government has appointed a special investigator to evaluate and provide suggestions for new immigration legislation. The evaluation is expected to be presented to the government by the 25th of August 2025.
Proposed changes
The two new directives are comprehensive and cover various aspects. In the following summary, Deloitte outlines the most relevant points for employment related immigration.
EU Blue Card Directive – Facilitation of process for High Skilled Labour
Reforming the rules concerning labour immigration is an important part of the government's paradigm shift in the field of migration. Sweden aims to be an attractive destination for highly qualified labour, and these proposals constitute an important step in facilitating and improving the conditions for this category. The proposal includes the following:
Family Reunification – Stricter Rules
The government has highlighted that the current national immigration legislation is more generous compared to EU and international standards, leading to inconsistency and misalignment with other EU countries. The review conducted by the special investigator will mainly focus on family reunification for individuals living in Sweden with a residence permit, but it also addresses family members to Swedish and Nordic citizens. However, conditions for family reunification in these cases should not be worse compared to family reunification to individuals holding residence permits in Sweden. In addition, consideration must be given to the possibility of having more favourable rules for this category, considering Swedish citizens' unconditional right to stay in Sweden, as well as Sweden's need to attract international talent.
The evaluation will not include individuals seeking family reunification with EU members living in Sweden, Swiss nationals living in Sweden, diplomats, and consular officers. In short, the special investigator has been instructed to analyse the following:
Deloitte’s comments
The Swedish government is eager to attract highly skilled workers to Sweden, which is reflected by the new directives, both concerning the EU Blue Card as well as previous proposals that are currently being processed. As there is a high demand of certain occupations that are considered highly skilled, Deloitte views the proposed legislative changes positively. From experience, Deloitte has seen that applications for EU Blue Cards have not been as frequent in the past, which likely is due to the permit type not being noticeably more beneficial than ordinary work permits. The proposed changes will likely result in a shift where more applicants choose the EU Blue Card instead of the regular work permit route.
With the new legislative proposals an EU Blue Card holder will, among other things, have greater freedom of movement and hold a more flexible permit in general which will profit both Sweden as well as the European Union. Deloitte does not see the proposed maintenance requirement linked to the new EU Blue Card Directive as a hindrance to Sweden’s attractiveness as a destination for highly skilled workers, as a prerequisite of the EU Blue Card itself is an income that would exceed a set maintenance requirement. The expansion of the category of individuals eligible for the EU Blue Card is also a sign of Sweden's increased commitment to becoming an attractive employment destination for highly skilled workers. Worth mentioning is that the government has previously proposed to extend the EU Blue Card permit time from two to up to four years as described in our previous alert, the current proposal does not however include any changes to the permit time.
As the new EU Blue Card directive is planned to be implemented on 1st of January 2025, it remains to be seen whether the legislative changes will have a direct impact on the amount of future EU Blue Card holders in Sweden.
As for the new plans to change the legislation concerning family reunification, it is still early to predict any exact legislative outcome. Depending on which rules will be implemented, it can affect the possibility to reunite with family members in Sweden for some individuals. However, the government has also clearly expressed that it does not wish to introduce restrictions that affect the influx of international talent to Sweden. Deloitte therefore believes that any changes in this regard will not have any major impact on our clients’ employees or any other highly skilled workers. However, reducing the maximum age limit for accompanying children to under 18 will have an impact on residence and work permit holders as the current maximum age is under 21. This has in the past resulted in practical issues for example with ICT permit holders where the age limit is already lower, since children under Swedish legislation are the responsibility of their parents until they have finished upper secondary school.
Deloitte will continue to follow the developments and present any future legislative changes.
Martina Ogenhammar Conti
Director, Nordic Immigration Offering Lead - Global Employer Services
mogenhammar@deloitte.se
+46 70 080 21 60
Ivana Jaksic Bratel
Assistant Manager, Immigration - Global Employer Services
ijaksicbratel@deloitte.se
+46 70 080 35 21
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