Important Update regarding Union Preference and Job Advertisement Publication Periods when applying for a work permit in Sweden

Deloitte has previously written about a case with the Migration Court of Appeal, where said court was to review union preference and job advertisement periods when applying for a work permit in Sweden.

As a reminder, the Migration Agency rejected a work and residence permit application, arguing that the union preference had not been respected as the full advertisement period had not yet passed when the employment contract was signed, despite the job ad being advertised for at least 10 days. It had therefore not been available to EU/EEA nationals for the entire advertisement period. 

Swedish legislation states that a work permit can only be granted if the recruitment process aligns with Sweden's commitments within the European Union. This means that the so-called union preference must be respected, ensuring that Swedish, EU/EEA, and Swiss nationals have the opportunity to apply for a job opening on the European job market before it is offered to a third-country national. In practice, this is achieved by advertising the role in the Swedish Public Employment Service’s job bank for at least 10 days.

The Migration Court of Appeal has now made a ruling in the case

In their ruling MIG 2025:9, the Court concludes that there is no legal regulation stating that employers must wait for the application period to expire before hiring a third-country national. Therefore, it can be assumed that an employer entering into an agreement while the application period is still ongoing is a common occurrence in the labour market. In view of this, potential job seekers in Sweden, the rest of the EU/EEA, and Switzerland should have reason to expect that the position in question could be filled before the application period has expired.

Against this background, the current recruitment process does not go against the principle of union precedence. Employers do not have to wait for the advertisement period to end to offer employment to a third-country national as long as the 10-day advertisement period has been respected. The case was therefore sent back to the Migration Agency for further processing.

Deloitte’s Comments 

Deloitte can from the ruling conclude that it confirms the current process of job advertisement and union preference, making it highly welcomed. The current process reflects the reality of the situation that employers are facing in recruitment processes, realizing that it can be difficult to find talents within a specific time frame and therefore risky to not offer a position when you do find the right candidate. Certain employers also post longer job advertisements for several positions as they employ on an ongoing basis, and a different ruling would have limited their ability to hire with flexibility to find the right talents.

Authors: Ivana Jaksic Bratel and Martina Ogenhammar