In the Danish Alien Act, there is no specific regulation on obtaining a work permit as a service provider in Denmark.
That, however, does not mean that it is not a possibility.
EU-regulation
If you are an EU national or a third-country national residing legally in an EU member state, you can get registered as a posted worker of a company in the EU which is to provide a service in Denmark.
Especially if you are a third-country national it would be recommended to get registered to avoid any issues with the Danish authorities since they do random checks, especially on construction sites.
The requirement for being registered as a posted worker is that you are employed by a company in the EU and have a legal stay in the country that employs you.
Further, there must be an agreement on providing services between an EU company and a Danish company or a private individual. The posted work must be temporary and for a limited period of time.
More information can be found here: https://nyidanmark.dk/en-GB/Applying/Residence%20as%20EU%20Swiss%20or%20Nordic%20citizen/EU-posted-employee?anchor=canyouapply
As an addition to the registration for proof of right to work it is also a requirement that the EU employer register his employees in the Danish posted worker register – RUT.
More Information can be found here: https://workplacedenmark.dk/regulations-on-posting/register-foreign-service-providers-rut/
The fitter rule
For third-country nationals not residing In the EU, there Is an exemption from the requirement for obtaining a work permit If you are to stay In Denmark for a maximum of 90 days. This, however, is only an option for certain groups based on their profession or specific situation.
The fitter rule applies to a situation when a Danish company has acquired a high-tech product from a foreign company and need someone with special knowledge to Install the high-tech machine, equipment, or software.
It will typically be the foreign company’s personnel who Is trained to Install the equipment.
The fitter rule can be used until the technical equipment has been Installed and is ready for use which Include the necessary Instruction. This also Include the necessary start-up check, maintenance, and repair.
However, the fitter rule does not apply for later servicing.
If the work last for more than 8 days, then It Is a requirement that a notification to the Register of Foreign Service Providers is made (RUT).
Third-country nationals and third-country companies as service providers
In the provision of the Alien Act that regulates the possibility for obtaining work permits In Denmark It Is not specifically stated that the employment contract must be with a Danish employer or company.
Therefore, if a foreign company has a contract with a Danish company to provide services in Denmark the foreign company can send their employees to Denmark if the employees get a work permit in Denmark. The employer and the employees must meet the requirements for work permits according to the Pay Limit Scheme or the Positive List.
It Is not an option to apply according to the Fast track schemes since the company must be certified and which Is only an option for companies placed in Denmark.
Their work permit will be tied to their employer abroad, but the employment contract’s terms of employment and the salary must correspond to Danish standard while they are being In Denmark. Therefore, an amendment to the contract might be needed.
As a rule you must hand in the application form online which however requires that you have MitID (Danish digital signature). You can obtain exemption on this from SIRI but otherwise you can give power of attorney to a third party, e.g. an Attorney, to hand In the application for you.
Brexit and the EU-UK Trade and Cooperation Agreement
In annex 21 of the EU-UK Trade and Cooperation Agreement terms are set out for business visitors for establishment purposes, Intra-corporate transferees, and short-term business visitors.
In article 8 a list of activities for short-term business visitors are listed and which are permitted for EU-nationals to do In the UK and for UK nationals to do in the EU.
The list of activities Is:
- meetings and consultations: natural persons attending meetings or conferences or engaged in consultations with business associates;
- research and design: technical, scientific, and statistical researchers conducting independent research or research for a legal person of the Party of which the Short-term business visitor is a natural person;
- marketing research: market researchers and analysts conducting research or analysis for a legal person of the Party of which the Short-term business visitor is a natural person;
- training seminars: personnel of an enterprise who enter the territory being visited by the Short-term business visitor to receive training in techniques and work practices which are utilised by companies or organisations in the territory being visited by the Short-term business visitor, provided that the training received is confined to observation, familiarisation and classroom instruction only;
- trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services;
- sales: representatives of a supplier of services or goods taking orders or negotiating the sale of services or goods or entering into agreements to sell services or goods for that supplier, but not delivering goods or supplying services themselves. Short-term business visitors shall not engage in making direct sales to the general public;
- purchasing: buyers purchasing goods or services for an enterprise, or management and supervisory personnel, engaging in a commercial transaction carried out in the territory of the Party of which the Short-term business visitor is a natural person;
- after-sales or after-lease service: installers, repair and maintenance personnel and supervisors, possessing specialised knowledge essential to a seller’s contractual obligation, supplying services or training workers to supply services pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer software, purchased or leased from a legal person of the Party of which the Short-term business visitor is a natural person throughout the duration of the warranty or service contract;
- commercial transactions: management and supervisory personnel and financial services personnel (including insurers, bankers and investment brokers) engaging in a commercial transaction for a legal person of the Party of which the Short-term business visitor is a natural person;
However, according to article 6 on non-confirming measures for short-terms business visitors Denmark made a reservation stipulating that work permit, including economic needs test, Is required in case the short-term business visitor supplies a service.
Therefore, UK nationals entering Denmark as service providers must in general obtain a work permit even If they are only short-terms business visitors unless they meet the requirements of the fitter rule.
Service providers from the UK must therefore meet the same requirements as any other third country nationals since the EU-UK Trade and Cooperation Agreement does not give any further possibilities for short-term business visitor activities for UK nationals In Denmark compared to any other third-country nationals.
How do I get assistance with obtaining a work permit as a service provider In Denmark?
Holm/Thomsen Law will be pleased to assist you if you have any queries about corporate immigration law or need assistance with obtaining a work permit as a service provider.
Reach out to us on [email protected] or directly to Helle Holm Thomsen on [email protected]
