Denmark updates guidance on assessing genuine employment in work-permit cases

The 5 October note expands the explanation of current practice and replaces the 2021 version.

Denmark · Assessment guidance updated

SIRI published updated guidance on presumption-based work-permit refusals on 5 October 2026, replacing its 2021 note. Drawing on SIRI and Immigration Appeals Board decisions, it explains how the authority assesses whether employment is genuine. The underlying statutory rule dates from 29 December 2020; this publication explains current practice.[1]

The note requires an individual, overall assessment. Relevant factors can include application history, understanding of the employment contract, qualifications, the employer’s finances and its genuine staffing needs. Meeting formal salary requirements does not prevent refusal where the facts support a presumption that employment is not genuine. Applicants and employers should be able to explain the actual job and capacity to fulfil the contract.[2]

Official sources

  1. SIRI: Updated practice note on the presumption rule
  2. SIRI: Practice note dated 30 September 2026

This article provides general information. Individual applications are subject to the applicable rules and the competent authority’s assessment.

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