A signed contract and a salary that meets the program’s requirements are not always enough to obtain a residence and work permit. SIRI also assesses whether the employment is genuine and whether the agreed-upon terms correspond to the actual circumstances.
On October 5, 2026, SIRI published an updated practice note on the application of the presumption rule in commercial cases. The note describes the agency’s current practice and replaces the 2021 version. It is, therefore, an updated description of current practice, not an entirely new law.
For companies that hire international employees, the memo emphasizes the importance of thorough preparation. The position, the company’s financial situation, the candidate’s qualifications, and the terms of employment must collectively provide an accurate picture of the employment.
What is a presumptive denial?
SIRI may issue a presumptive denial if an overall assessment gives rise to a reasonable presumption that the job offer is not genuine. The same applies if the sole purpose is to secure the applicant a stay in Denmark.
This means that an application may be denied even if the formal requirements for the selected program are met. SIRI evaluates each case on its own merits. A single compelling factor may be sufficient, while several minor factors may also be significant when considered together.
The memo covers several occupational schemes, including the positive lists, the fixed-amount schemes, the fast-track scheme, and the scheme for feed managers and operations managers.
1. A genuine need for the position
The company must be able to explain why there is a need for this specific employee. SIRI considers, among other things, the size of the company, its existing staff, and the tasks the candidate will be expected to perform.
If a small business already has several employees in the same management role, the need for yet another similar position may raise questions. A job title alone therefore does not necessarily explain the need.
A practical step in preparation is to describe the job duties, the candidate’s role within the team, and the rationale for the hire. The description should demonstrate how the position relates to the company’s actual operations.
2. Financial Capacity to Pay the Offered Salary
SIRI assesses whether the company actually has the financial capacity to pay the salary specified in the contract. Information regarding losses, negative equity, and low personnel costs may be factored into the assessment.
The starting point is the company’s financial situation and operations at the time of the decision. Expectations regarding future revenue cannot, therefore, be the sole basis for the decision. For newly established companies, SIRI assesses whether the financial plan and strategy are convincing.
The company should be prepared to substantiate its financial situation. It is also important to be able to explain any significant salary differences between the candidate and other employees in comparable positions.
3. Qualifications Suited to the Job Duties
The candidate’s education and experience must be relevant to the position being offered. SIRI can assess whether the candidate possesses the qualifications typically required to perform the job duties.
The documentation must be accurate and consistent. Conflicting information in the resume, application, educational records, or explanations may cast doubt on the candidate’s background and the credibility of the hiring decision.
The company should therefore review the materials with the candidate before submitting them. Relevant experience and specific skills should be described in concrete terms, especially if they are intended to justify an unusually high salary.
4. Terms of employment as understood by the candidate
The candidate must understand the contract and be familiar with the key terms of employment. Among other things, SIRI places emphasis on whether the contract is signed in a language the candidate understands.
SIRI may summon the candidate for an interview. During the interview, the candidate may be asked to explain their salary, job duties, working hours, breaks, and vacation time. If the explanation differs from the contract, it may raise doubts about the actual terms.
A thorough review of the contract is therefore an important part of the preparation. The goal is for the candidate to understand the agreement and for both parties to have the same understanding of the employment arrangement.
5. A Justifiable Salary
A high salary can also raise questions. For the pay scale schemes and the pay tracks under the fast-track scheme, SIRI follows a specific practice when the offered salary exceeds the relevant median salary by more than 20%.
As a general rule, SIRI will deny an application solely on this basis if the applicant has not previously held a residence and work permit under one of SIRI’s employment programs or has not documented individual qualifications that justify the salary.
If the candidate currently holds or has previously held such a license, the salary alone will generally not be sufficient grounds for a presumptive rejection. However, an unusually high salary may still be taken into account in the overall assessment.
The 20% is therefore not a general salary cap. The decisive factor is how the salary relates to the position, the candidate’s qualifications, and the other circumstances of the case.
Other factors may be relevant
SIRI may also consider family ties between the applicant and the company’s owners, previous violations of immigration regulations, and the applicant’s application history. These factors are evaluated in conjunction with the rest of the case.
Agreements stipulating that the employee must repay a portion of their salary to the company may raise the suspicion that the contract does not reflect the actual salary. This may also apply if the candidate is required to pay significant amounts to the company upon acceptance or rejection.
Before Submitting the Application
A comprehensive review can help the company identify omissions and inconsistencies. The following five questions provide a practical starting point:
- Are the need for the position and the specific duties clearly described?
- Can the company’s finances support the agreed-upon salary?
- Is the candidate’s relevant education and experience documented?
- Does the candidate understand the contract and the actual terms of employment?
- Can the salary level be justified based on the position and the candidate’s qualifications?
The review should ensure that the application reflects the terms of employment that the parties have actually agreed upon. Thorough documentation supports the case, while the final decision rests with SIRI’s individual assessment.
Bixter assists with the process
Bixter assists companies with applications and documentation when hiring international employees. The approach is tailored to the specific company, position, and candidate, ensuring that the information is thoroughly reviewed from the outset.
Companies planning to hire an international employee in Denmark can contact Bixter for assistance with the necessary steps and preparation of the application.
Source: SIRI’s practice note dated September 30, 2026, published October 5, 2026.
