Recruiters: IMPORTANT TO KNOW WITH THE NEW IMMIGRATION LAW

The easiest and the hardest recruitments are done in-country. Obviously, a Swedish national or permanent resident can always be hired without risk. However, the seemingly easy transitions of people that are already in the country with a permit can be very tempting for a quick hire that is already on the ground. For the most part, it’s an easy hire, also the fact that someone else assumed the moving costs to Sweden and the initial familiarization in the country and now you can get that talent without a great deal of administration. 

Yet, this is what we call risk applications!

Why?

When you “take over” the permit from another company you also assume the responsibility for all the employment terms BEFORE the person has become your responsibility. Each and every requirement must have been fulfilled in order for the application to successfully go through a second permit process. It’s not unlikely either that with a “change of employer” application even blatant omissions in the requirements will still pass. The moment of truth comes, if not before when the final application for a Permanent Residency comes up. Hence, this is the most important application which will complete the immigration procedures for your talent forever. 

How to evaluate current a work permit

So if you, as an in-house or specialized recruiter, in good faith, hire someone, don’t take for granted that all is clear for your new team member to stay in Sweden. Most Swedish HR has read about and commiserated with ABB and Ali Omumi that were evicted due to mistakes made by a previous employer. There are many similar cases and behind each one of them is a person whose life is shattered, not seldom due to mistakes that the employer made unknowingly. As you know the word “kompetensutvisning” is a unique word for Sweden, it translates to evicting talents that have been given a job and have worked in Sweden.  

Employment based Immigration need validation

So for recruiters, this is essential to do a deep background check so all the checks and balances are in place. You don’t want your client coming back to you in two years asking how come you found someone that will now be evicted from Sweden. That is not good for business. 

Damage Control – can it be done?

Just last week we did a Visa Exploration on an urgent recruit and it turned out that the person was here illegally and had already been evicted due to complicated immigration history. In this case, it was too late to save the situation, had we been involved earlier things could have been straightened out to everyone’s benefit. 

The Visa Exploration Program is something that we started a few years ago when several of our clients “inherited” issues with current staff that had happened with earlier employers. Oversights can definitely happen, almost anywhere, and the willingness to be part of the solution even when the talent is on the move is usually very high. However, there are employers that refuse to correct mistakes, which they can do, nor will they share supporting documentation that is needed to file an application. These cases can be handled anyway, but they need way more time and effort. 

Redundancies in Sweden create opportunity for recruiters

This spring we have seen a number of companies that are reducing their workforce and talents scrambling to offer their skills to new employers. It’s key to get the needed data to know what you are walking into. 

We sometimes come across candidates who know that there’s a problem and they don’t want to let the recruiter or prospective company know until you are at the very end of the recruitment process. It’s hard not to feel the urge to raise the salary even by quite a bit at that point… but is that enough? You want to know before it’s too late and an EU Blue Card is the only solution. 

The war for talent is real. How can you sign someone without risking an eviction of an employee that you have employed? 

Do what many companies do already! Put in a clause that the job offer and employment are dependent on the work permit being approved. 

More importantly, do the visa exploration so you don’t come across a problem at a later date. A Visa exploration digs far deeper than just looking at the residence card, it means reviewing the entire history of ALL mandatory requirements to see that they have been fulfilled. 

Following a strict protocol will protect you from future problems. 

Contact us