Article

UK employees in Denmark- the clock is ticking.

As part of the withdrawal agreement, UK nationals and family members staying in Denmark for work before 31 December 2020 must have applied for a new EU residence status before 31 December 2021. This also applies to UK nationals with permanent residence in Denmark under EU rules. The 31 December 2021 is a hard stop date for the new EU residence status application, employers should therefore ensure that UK employees are reminded about the application process and the deadline.

Who should apply ?

The new EU residence status applies to those UK nationals who were legally residing in Denmark before the 31 December 2020. The withdrawal scheme means that those individuals will continue to have the right to reside in Denmark after this date on the same basis as before. However, for individuals to continue to be able to reside and work in Denmark they must apply for a new EU residence document pursuant to the withdrawal scheme before 31 December 2021. SIRI notified has notified all UK nationals residing in Denmark about the application process and the deadline. SIRI has staggered the timing of the applications based of the individual’s year of birth.

Requirements for application

The applicant must provide documentation to prove that they met the requirements for residence under EU rules before the end of the transition period (31 December 2020). This documentation includes, among other things, employment contract , copy of EU residence card and bank statements to document sufficient funds.

The application can be made online at Nyidanmark, following which the applicant will need to have their biometrics recorded.

More importantly all applications must be made before 31 December 2021, which is a hard stop date, after which an application will only be processed if there is a reasonable reason as to why the application has been submitted after the deadline.

Right to work in Denmark after 31 December 2021

Providing an individual has made the application for the new EU residence document pursuant to the withdrawal scheme they will be continued to reside and work in Denmark with the same rights as before.

What should employers do to ensure employees have made their application?

While employers are not under a legal obligation to ensure their UK workers obtain new EU residence document, it is in an employer’s best interests to do so to avoid issues with their employee’s immigration status and eligibility to work.

This means it is advisable to take steps to remind your UK employees of the application deadline and the importance of securing lawful status beyond 31 December 2021 for both themselves and their qualifying family members.

We recommend employers to send  a reminder communication to all UK employees about the withdrawal scheme and new residence document, directing them to the nyindanmark website for further details. We would also suggest that you provide the employee with a copy of the employer declaration form which must be signed by the employer, and which can be downloaded from the nyindanmark website.

Can an employer ask an employee for proof of their EU residence document?

We advise that you do undertake “right to work” checks to ensure that your UK employees have obtained or are in the process of obtaining the new residency document. If an employee has not made the application by 31 December 2021, then they do not have the same previous rights to work and reside in Denmark and therefore could be working illegally, which could result in a fine for the employer.

GDPR considerations

Employers have a legal obligation to ensure that employee’s have the right to work in Denmark and therefore employers have a legitimate reason for asking employees for evidence of the withdrawal scheme residency card.

 

If you require further assistance, please get on contact with Mette Klingsten Law Firm at cwi@mklaw.dk or call 31440105

Other news

New Act on Freedom of Expression for Public Employees Adopted by the Danish Parliament

On 1 July 2025, a new act entered into force, consolidating the applicable rules on the freedom of expression for public employees. The purpose of the act is twofold: to provide clarity regarding existing rights and to emphasise the political support for public employees’ right to express themselves. Public employees in Denmark, like all other […]
Read more

Pay transparency in the EU: New rules from 2026 – what should companies prepare for?

From summer 2026, new EU rules will come into force, introducing far-reaching changes in employers’ obligations regarding pay and pay transparency. The objective of Directive (EU) 2023/970 is to ensure effective equal pay for equal work and work of equal value, as well as to strengthen the transparency of recruitment and pay practices. The upcoming […]
Read more

Psychological Work-related Injuries: A Focus on the Psychological Work Environment

An employer’s duty to ensure that working conditions are safe and health applies not only to the physical environment but also to the psychological work environment. Mental health issues/psychological harm caused by the work environment — including harassment, bullying, or lack of managerial support — can in some cases give rise to claims for compensation […]
Read more

Thanks to the following contributors to the website: Steen Evald (photograph), Stine Heilmann (photograph), Count Pictures (video), Kunde & Co. A/S (design), WeCode A/S (coding)