The Swedish au pair scheme 1. Short introduction to the differences between the Swedish scheme and the European Agreement Sweden has not signed the European Agreement, one rationale given being that, according to Swedish law, an au pair is considered an employee and subject to protective employment legislation. The legislation applicable to au pair work is the Domestic Work Act (1970); a special act concerning all kinds of housework performed in the employer’s home, for example, childcare, cooking, cleaning and washing. The act contains rules regarding the concluding and termination of the employment agreement, working hours, and working environment that deviate from general employment legislation. However, the au pair’s status as a worker and the employment legislation makes little difference to their status compared to the entitlements inspired by the European Agreement, as it is a question of legislation applying to employment in private homes. A provision og the Domestic Work Act for continuous rest for 36 hours each week, preferably at weekends, however gives rights that go further than the European Agreement. Regarding employment protection, like the European Agreement the Domestic Work Act contains no requirement for reasonable grounds for dismissal to be given, but longer notice is required that that stated in the Agreement – one month for each party – when the duration of the relationship is a maximum of one year. The actual possibilities for an au pair to terminate the relationship seem dependent on her right to change family. The work permit for au pairs is limited to au pair work, but the au pair may change employer without permission from the Migration Board and there is no requirement for a renewed application in such cases. The au pair’s worker status also means that regulations on leave, such as the Paid Vacation Act and the Parental Leave Act, and the Work Environment Act are in principle applicable. That said, an au pair has no right to a paid holiday, as that right is based on work in the previous year and an au pair only has the right to stay in Sweden for one year. Inspection on working hours and working environment in private homes, however, does not take place unless there is a special reason. Many important issues such as entitlements under employment law and social benefits are not covered in the information from the Swedish Migration Board but are left to the applicant to investigate. Thus there is no information about the right to terminate the contract or to change conditions or employer. There is no standard contract. The section is based on the chapter ‘Cultural exchange or cheap labour? Constructions of ‘au pair’ in four Nordic countries’. From the book: Global Care Work 2. The Swedish au pair scheme as presented by the Swedish Migration Board Au pair If you are a citizen of a non-EU country and want to be an au pair, you need to obtain a work permit. The purpose of your stay in Sweden must be to obtain international experience and the opportunity to learn Swedish language and culture. • Requirements for obtaining a work permit • How to apply • Once we have received your application • After the decision has been made • Switching host families • Extending your permit • If the Migration Board refuses your application Requirements for obtaining a work permit In order to obtain a work permit, you must: • have a valid passport • be 18-30 years old • show that you have a definite interest in or use for Swedish language studies • have a certificate of admission to studies in Swedish • have a written job offer from a family in Sweden, indicating that you will be doing light housework for no more than 25 hours per week • not bring any children with you How to apply Apply for a work permit online when you are in your country of origin or another country outside Sweden in which you are living. If you are unable or unwilling to apply online, fill out the form Application by au pair, no. 130011, and turn it in to a Swedish embassy or consulate general. Contact the embassy or consulate general before you hand in your application. You will probably be required to pay a fee. Enclose the following documents with your application: • copies of the pages of your passport that show personal data, period of validity and whether you have permission to live in countries other than your country of origin • a written job offer from the host family specifying the conditions of your employment as an au pair • a certificate of admission to Swedish studies specifying the number of hours per week you will be studying. Faster decision if complete information has been submitted The Migration Board first processes applications for which complete information and all necessary documents have been submitted. In other words, you will receive a faster decision if you send everything we need together with your application than if you add information afterwards. Remember that the Migration Board might have to investigate your application further even if you submit all the information and documents that we have asked for. Once we have received your application If you obtain a permit for more than three months, you will also receive a residence permit card. The card, which is proof that you have the right to be in Sweden, contains your photo and fingerprints. If you need a visa for travel to Sweden, you should go to the the embassy or consulate general as soon as possible to have your picture and fingerprints taken. Your photo and fingerprints cannot be saved, so you need to go through the process even if you had a residence permit card before. If you do not need a visa for travel to Sweden, as soon as possible after your arrival in Sweden you should visit the Migration Board to be photographed and fingerprinted. After the decision has been made The decision will be sent to the embassy or consulate general to which you turned in your application or to which you referred in your online application. Take your passport along when picking up your decision. You can obtain a permit for the period during which you have been offered employment but not past the time for which your passport remains valid. A permit to work as an au pair may be granted for up to one year. If you plan to continue working in Sweden, apply to extend your permit. The Swedish embassy or consulate general will hand over or send the residence permit card to you as soon as it is ready. Dont forget that it might take up to four weeks to make and send the card to the embassy or consulate general after you receive your decision. You must show your residence permit card along with a valid passport when entering Sweden. If you do not need a visa for travel to Sweden, you should be able to show a copy of the decision when you arrive. As soon as possible after you have arrived in Sweden, you should visit the Migration Board to be fingerprinted and photographed. When your residence permit card is ready, it will be sent to your address in Sweden. If your permit is valid for less than three months, you will not receive a residence permit card and will need to show the decision together with your passport. Switching host families Although your permit entitles you to work only as an au pair, you can switch host families without submitting a new application. Extending your permit A permit to work as an au pair may be granted for up to one year. You can have your permit extended if you have had it for less than one year and are offered the opportunity to continue working with the same host family or a new one. Make sure to submit your application before your current permit expires. If you have had a work permit for at least six months and you apply before it expires, you have the right to continue working while waiting for the decision. Remember that you cannot obtain a permit for longer than your passport remains valid. How to apply Apply for a work permit online. If you are unable or unwilling to apply online, fill out the form entitled Au pair, no. 130011, and send or turn it in to a Migration Board permit unit. Apply 30 days before your current permit expires. You will probably be required to pay a fee. Enclose the following documents with your application: • copies of the pages of your passport that show personal data, period of validity and whether you have permission to live in countries other than your country of origin • a written job offer from the host family specifying the conditions of your employment as an au pair • a certificate of admission to Swedish studies specifying the number of hours per week you will be studying. Once we have received your application If you submit an application for an extension before your previous permit expires, you have the right to remain in Sweden while you are waiting. If you go abroad when your permit expires, you may have trouble re-entering Sweden until your new permit is granted. In that case, you might have to wait for your new decision outside Sweden. If you obtain a permit for more than three months, you will also receive a residence permit card. The card, which is proof that you have a residence permit, contains your photo and fingerprints. Go to the Migration Board as soon as possible to have your picture and fingerprints taken. Your photo and fingerprints cannot be saved, so you need to go through the process even if you had a residence permit card before. Please note that if you intend to visit the permit unit in Solna or Norrköping in order to be fingerprinted and photographed you need to book an appointment. After the decision has been made The decision will be sent to your address in Sweden. Once the residence permit card is ready, it will be sent to you within approximately one week. If the Migration Board refuses your application You can appeal against a decision concerning a work permit only if you receive a decision concerning deportation or refusal of entry at the same time. migrationsverket.se/info/159_en.html Employing an au pair An au pair is a person who lives with another family and is paid for child minding and light housework . The purpose of their stay in Sweden must be to obtain international experience and the opportunity to learn Swedish language and culture. An au pair who is the citizen of a non-EU country needs a work permit. Requirements for obtaining a work permit In order for the person you want to employ as an au pair to obtain a work permit: • they must be 18-30 years old • you must offer no more than 25 hours of light housework per week • they must be studying Swedish for much of the remaining time • you must offer room and board • you must offer a monthly pretax salary of at least SEK 3,500 • household and studies combined must not exceed 40 hours per week. Write a job offer specifying the above terms and send it to the au pair. Enclose a certificate of admission to studies in Swedish. Applying for a work permit The au pair must apply for a work permit on their own. Additional information is available under If you are a citizen of a non-EU country. After the decision has been made Once the decision has been made, a copy will be sent to you indicating whether or not a permit has been granted. If you want to know the reasons for the decision, you must obtain a power of attorney from the au pair. A permit can be granted for the period during which employment lasts but not past the time for which the au pairs passport remains valid. A permit to work as an au pair may be granted for up to one year altogether. The permit must be issued before they enter Sweden. Au pairs who receive permits for three months or longer are also given a residence permit card, which is handed over or sent by the embassy or consulate general. The card, which the au pair must show when entering Sweden, is proof of their right to be in the country. Making and sending the card takes up to four weeks. If the Migration Board refuses the application A decision concerning a work permit can be appealed against only if a deportation or refusal-of-entry order is issued at the same time. Important information about insurance The employee will not be registered in Sweden, which means that they will not be eligible for social benefits if they receive a permit for less than one year. It is important for them to have an insurance policy that will cover any costs that may arise in connection with illness, injury, etc. A previous period spent as an au pair in another country immediately prior to the planned stay in Sweden could reduce the chances of you being granted a permit in Sweden. The reason is that this could be an indication that it is a question of regular work as a nanny or a similar position and not as an au pair. (aimed at excluding labour migration) migrationsverket.se/info/172_en.html
Posted on: Thu, 20 Mar 2014 10:51:54 +0000
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