EU Residence as a Posted Service Provider

You can get an EU residence document as a posted service provider if you are permanently employed by a company in another EU country and will be carrying out work in Denmark because your employer for a limited period of time is providing a service to a recipient of services established in Denmark

As a posted service provider you can be either an EU citizen or citizen of a country outside the EU, the EEA or Switzerland.

The EU company must have actual and real business activities in the home country. Consequently, the main activity must not exclusively be internal management or administration.

You must already be employed permanently by the EU company before the posting.

Permanent employment means that you for a certain period before your posting have been carrying out actual and real work for the EU company in the EU country in which the company is established.

A service is a clearly defined and limited work task that the EU company for a limited period of time carry out for the Danish service recipient in return for payment.

The EU company must conclude a contract on your posting in Denmark with you. The posting contract must specify your work tasks and the duration of your posting. It must also include a reference to the service contract under which the work is to be carried out. Finally the contract must state which company and employee has the power of instruction over you.

If, for a period of time, an employee is posted internally within a corporation in order to work for that corporation's branch office in Denmark, it will be considered a way to organise the company's operations rather than a matter of providing a service.

This applies if the employee is posted internally to a Danish branch office in order to cover a maternity leave for or to temporarily take care of one of the company’s usual operational or management tasks.

If you are to stay in Denmark for less than 3 months and meet the conditions for EU residence as a posted service provider, you do not need to submit an application for an EU residence document.

If you are a citizen of a country outside the EU, EEA or Switzerland and your stay will last longer than 3 months, you must apply for a residence document no later than 3 months after entering Denmark.

If you are a citizen of a country outside the EU, EEA or Switzerland, you must be able to document that you have had the right to reside in the country in which the EU company is established. You must also be able to document that you have had the right to work in the company.

When you apply, you must attach your employment contract with the EU company in addition to your posting contract. It might also be a good idea to attach pay slips and/or other documentation of the work you have carried out for the EU company just before the posting.

You must also attach the service contract concluded between the EU company and the recipient in Denmark.

As a third-country citizen, i.e. a citizen of a country outside the EU, EEA or Switzerland, your right to work during your stay in Denmark is limited to work connected to providing the service that forms the basis for your grounds for residence.

If you are a posted EU citizen, your closest family can apply for residence in Denmark according to EU regulations.

As a posted service provider and citizen of a country outside the EU, EEA or Switzerland your family cannot be granted the right to residence in Denmark according to EU regulations.

You are a family member of a (non-Danish) EU citizen living in Denmark who has independent grounds for residence in Denmark under EU regulations. As a family member you can either be an EU citizen or a citizen of a country outside EU, EEA or Switzerland.

You must be the spouse, cohabiting partner or a child under the age of 21 of either the sponsor or the sponsor’s spouse or partner.

You can be granted residence as a posted service provider for the period it takes to provide the service.

As a posted service provider you can be given a residence document for a maximum of 2 years in total.

If your posting is linked to a project that is delayed due to unforeseen circumstances, you can apply to have the duration extended beyond 2 years. You must document the unforeseen delay when applying for the extension.

If you have been granted a residence document based on your status as a posted service provider and you lose your job with the EU company, regardless of whether you were fired or resigned yourself, your grounds for residence will normally have ended.

You have the right to permanent residence when you have had actual and real residence in Denmark under EU regulations for a period of at least 5 years.

The years must be consecutive and for the entire period you must continuously have met the conditions for residence under EU regulations.