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Work permits For Members

Do you need a lawyer in Denmark for work permit problems?

Robin-Ivan Capar
Robin-Ivan Capar - [email protected]
Do you need a lawyer in Denmark for work permit problems?
If your permit case is complex, having professional support during the process can make everything smoother and improve your odds of a successful outcome. Photo by Yohan Marion on Unsplash

Moving to Denmark for work can be exciting, though it often comes with a fair share of challenges and complexities. But do you need a lawyer's assistance to tackle work permit issues effectively?

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Moving to a new country – whether for work, studies, or residency - can be a great way to change careers and improve your overall life standard, especially when it comes to Denmark, which is known for its high quality of life, excellent healthcare, and robust social welfare system.

However, for some, navigating the Danish immigration system and securing a work permit can be a road marred by obstacles and hurdles.

If you're wondering whether you need a lawyer to tackle these issues effectively, know that you're not alone, as many applicants encounter obstacles and complications in their permit cases.

In this guide, we will look at the role of lawyers in Denmark concerning work permit problems, the situations where legal counsel may be beneficial, and the potential advantages of seeking professional assistance.

Understanding Danish immigration laws

Denmark has a well-established immigration system that is governed by a set of laws and regulations.

To work, live, or study in Denmark, international citizens must comply with these rules and obtain the necessary permits.

Note that, as a European Union (EU) citizen, you can freely enter Denmark and begin to work upon arrival without needing a permit to work.

The case is different, however, if you aren't an EU citizen. The Local has a guide on getting a work permit in Denmark if you are not an EU national that covers all the process details.

So, if this applies to you, and if you wish to work in Denmark, you'll need to secure a work permit.

The exact type of work permit depends on multiple factors and your individual circumstances, such as your nationality, the specific job, and the duration of employment.

Depending on your profession, there are diverse ways to get a work permit. A list of different types of work sectors and requirements needed can be found on the website nyidanmark.dk.

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When the permit process unfolds smoothly

Handling the Danish immigration system without a lawyer is feasible in many situations, and numerous people applying for permits successfully navigate the process independently.

For example, the application process can be relatively straightforward in cases involving standard work contracts with Danish employers, where applicants meet the basic requirements for a work permit or residency permit.

Furthermore, for commonly sought-after visas like work permits for skilled professionals, student visas, or family reunification permits, where the documentation is well-documented and standardised, you may find a lot of resources and guidance available online to complete your application correctly.

However, while it is possible to navigate the Danish immigration system without legal assistance, there are several situations where hiring a lawyer can be highly beneficial – and even advisable.

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When do you need a lawyer?

If your situation involves complex factors, such as a unique job offer, family reunification, legal challenges, changing permits, a criminal record, or previous immigration issues, an immigration lawyer can help you understand the specific requirements and ensure your application is complete and accurate.

The same applies to permit denials or delays, where a lawyer can assist in identifying the reasons for the delay and help you appeal the decision – or reopen the case – if necessary.

The Local has written extensively about cases where people have encountered problems in their work permit cases in Denmark.

Some, like Daniel Ingham, an Australian working in Copenhagen, decided to engage lawyers when they opted to try and reopen their cases.

In October of 2023, Ingham told The Local that the process is "designed in a way that any normal person should be able to do it all without a lawyer, but in our experience, I would recommend one 100 percent."

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The advantages of hiring an immigration lawyer

As an international citizen, it's not likely that you'll have intimate knowledge of Denmark's immigration regulations.

Immigration lawyers in the country, on the other hand, have in-depth knowledge of the relevant laws and rules. They can provide guidance tailored to your specific situation, ensuring that you meet all requirements and minimising the risk of errors that could lead to delays or denials.

Furthermore, if you are not proficient in the Danish language, having a lawyer who speaks it can be a significant advantage in dealing with authorities and navigating the legal system while at the same time alleviating some of the stress and uncertainty associated with dealing with the immigration process in a foreign language.

In case of disputes, appeals, or other case setbacks, having a lawyer by your side can provide you with legal representation and improve your chances of a successful outcome – although it doesn't come with any guarantees.

Denmark has many different schemes under which individuals and employees can apply for work permits to be granted, and some can be a tad tricky, as is the case with the Pay Limit Scheme and the 'formodnings' rule. Legal assistance can be invaluable if you run into an issue when applying through such schemes.

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Weighing the pros and cons

If you're preparing to initiate a work permit application process in Denmark, know that it is possible to handle straightforward cases without a lawyer.

However, seeking out legal assistance can be a wise choice (if you can afford it, that is), particularly in complex situations or when facing challenges, as we've described beforehand.

Experienced immigration lawyers can provide valuable guidance and insight, ensure your applications are complete and satisfy the requirements, and represent your interests in legal matters.

Ultimately, the decision to hire a lawyer will depend on your specific circumstances, but the general rule of thumb advice is – if you believe your case is pretty standard, you will likely be able to handle things independently.

However, if your case is complex and you expect challenges to pop up, then having professional support during the process can make everything smoother and improve your odds of a successful outcome.

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