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DN Debate. The migration board's discretion is detrimental to the Swedish industry

For the Swedish companies in the cutting edge of technology is one of the biggest challenges ahead to find the right skills. The tech-savvy workforce that is available locally in Sweden is not enough by far. At the same time intensifying international competition for talent. It is therefore crucial that Sweden is an attractive destination for labour migration and has a regulatory framework that facilitates this. The year 2008 was a major reform that would achieve just that. The main idea was that companies would find it easier to recruit outside the EU and to Sweden's global competitiveness would be strengthened.

the Reform had the intended effect. At the same time suggested, for example, reporting on the bärplockarnas situation that the new system was abused by certain employers. The regulatory framework was tightened, therefore, the year 2014 as the parliament and the government wanted to prevent cheating and abuse. But when the amendment to the legislation pushed through, there was not a thought that people with good jobs and sought-after skills would be expelled on the basis of bagatellmisstag from the employer. Despite the fact it had so-called kompetensutvisningar a few years later become so widespread and controversial that the word was included in the Council's bugs for the year 2017.

new judgments from the migration court of Appeal of the migration board chose to interpret the unreasonably stringent. the Swedish Migration board's interpretation of the judges was that labour migrants who apply on the renewal of the work permit automatically shall be rejected and deported if he ever had a lack of the conditions of employment. According to the Swedish migration board played, no matter how small the deficiency has been or what it depended on. The result was that the persons who occasionally and accidentally had a few hundralappar too little in salary or been without a certain amount of insurance affected by the automatic deportation order.

A prerequisite for the talents of Sweden need to like to apply here is that their rule of law be respected. Therefore, rättssäkerhetsproblemen for migrant workers has been devastating to Sweden's international reputation.

the Center for justice challenged the Swedish Migration board's practice with automatic expulsions by running the case with pizzabagaren Danyar Mohammed in Jokkmokk, which would be expelled on the basis of a lönemiss at 460 crowns, to the migration court of Appeal. 13 december 2017, com Migrationsöverdomstolens judgment in Danyars case and in another similar case, which, because of the date come to be known as luciadomarna. In both luciadomarna rejected the Swedish Migration board's practice.

According to these judgments, should the issue of a migrant workers have had adequate conditions of employment determined through a holistic assessment, where the reason for a possible shortage and the employer's operation, shall be taken into account. What luciadomarna makes clear is that the migration board must distinguish between fraud and mistakes. Authority to prevent the human exploitation and unscrupulous businesses from circumventing the rules – not to oppose the Swedish company's global recruitment.

at the same time, unfortunately we can conclude that the underlying cause – a lack of legal certainty in the Migration decision-making – are still there and leads to new problems for migrant workers and for the technology-intensive Swedish companies are particularly dependent on them.

The most startling example is that some decision makers at the Swedish migration board refuses to allow the deported migrant workers return to Sweden in a kind of karantänstid. Internally at the authority, called this idea ”sexmånadersregeln” because it goes to labour migrants who have been expelled must wait at least six months abroad before they can get a new work permit application approved.

Why is this fictional sexmånadersregel controversial, even within the migration board. The authority's deputy director for legal affairs, noted at a seminar that ABB arranged during the Almedalen week in the summer to sexmånadersregeln not have any legal backing and therefore should not be applied. We interpreted it as the arbitrary exercise of public authority where the immigrant workers are denied the possibility to return to Sweden because of sexmånadersregeln thus would soon cease.

Unfortunately, the decision-makers at the Swedish migration board still continued to put people in a kind of kompetenskarantän with the support of the sexmånadersregeln. Recently suffered one of ABB's engineers. He was expelled in the summer because he is with a former employer had lacked certain insurance policies. Utvisningsbeslutet was hard on the employee and his family. For ABB's part, meant that the company lost an important and valued contributor. At the same time, there was a view that the employee hopefully would soon be able to come back.

. According to the Swedish migration board, he sent in the application in close connection to the expulsion order to be able to get a new assessment. The authority therefore considers that in practice the ABB employee must be stranded abroad before he, potentially, can return to his Swedish workplace. The decision has been appealed to the migration court in Malmö with the help of the Center for justice.

It need scarcely be pointed out how unsatisfactory it is from a business perspective to key employees who have been recruited in the global competition held stranded abroad by the migration board when they could be at work. For the individual, who already has endured a heartbreaking expulsion, the idea of having to be in a kind of quarantine very well be the one which definitely makes it unattractive to work in Sweden again.

A prerequisite for the talents of Sweden need to like to apply here is that their rule of law be respected. Therefore, rättssäkerhetsproblemen for migrant workers has been devastating to Sweden's international reputation. It is becoming increasingly clear that the Swedish migration board at present does not have the ability to manage arbetstillståndsärenden in a legal manner. Although it would be desirable for the regulatory framework for labour immigration was revised and clarified because it has given rise to so twisted interpretations. Given that the main problem has been about the application of the regulatory framework, though, it seems all the more crucial to the Swedish migration board takes action to raise the level of their decision-making. In other cases, any other, better-placed authority to take over responsibility for arbetstillståndsfrågorna. Sweden has not afford to fritter away the talent we need.

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