MIG 2025:9 – Employment Contract Signed Before the End of the Advertising Period

In MIG 2025:9, the Swedish Migration Court of Appeal clarifies that it is compatible with the principle of EU law supremacy to conclude an employment contract before the application period for an advertised position has expired.

The Court holds that EU law does not prohibit an employer from signing an employment contract at an early stage of the recruitment process, provided that the position has been properly advertised in accordance with the applicable rules and has remained accessible to other potential applicants within the EU for the required period.

The ruling means that the Swedish Migration Agency may not refuse a work permit application solely on the ground that the employment contract was signed before the final date of the job advertisement. The decisive factor is whether the recruitment process as a whole complied with EU law and national requirements, not the timing of the contract itself.

This judgment is of particular importance for employers and employees, as it provides legal certainty and limits overly formalistic interpretations in work permit assessments.