You are a worker or a self-employed person under EU law
In the following you can find information about when you are a worker or a self-employed person under EU law and about the Agency’s ongoing monitoring
There is a difference between whether you are an EU worker (employee) or a self-employed person:
We always make a specific assessment of all the information in your case about your employment when we assess whether you may be considered a worker under EU law. According to jurisprudence of the Court of Justice of the European Union, the decisive point of whether a person may be considered a worker under EU law is that, for a certain period of time, the person performs services for and under the direction of another person in return for which s/he receives remuneration. At the same time, it is crucial that the employment is genuine and effective and not what EU law refers to as marginal and ancillary.
As a general rule, we expect that you as a minimum work 10 – 12 hours a week. Since the decisive point according to case law of the Court of Justice of the European Union is that the employment has lasted for a certain period of time, we also expect that you, as a starting point, have employment to this extent every week for a continuous period of 10 weeks..
In our assessment we also include criteria such as whether you are entitled to paid holiday, remuneration during illness, the duration of the employment relationship and whether a collective agreement applies to the employment. Furthermore, in our assessment we also put emphasis on whether you have a gross income of a certain size every month.
When we assess whether you may be considered a worker, we look at the documents you submit along with the information form for foreign citizens. The documentation of your employment is among other things an employment contract and payslips from your employer in Denmark. After having applied for SU online through minSU, you must submit the information form and the documents to the SU office at your educational institution.
When you receive SU because you may be considered a worker, as described in the above, you are, as a starting point, required continuously to work a minimum of 10 – 12 hours each week while you study and receive SU.
We always conduct a specific assessment of whether you may be considered as a self-employed person under EU law.
To be considered as a self-employed person in Denmark under EU law you must as a minimum be registered with the Central Business Register (CVR) and be financially active. In our assessment we presuppose that you on your own account run a business of financial nature and with the purpose of achieving financial profit. Furthermore, it is a prerequisite that your business is conducted on fairly regular basis and through a not entirely short period of time. Finally, it is a prerequisite that the business is not of very secondary size.
When we are to assess whether you may be considered as a self-employed person, we expect that you will be able to document the business’ activity and that this activity is not insignificant. In the assessment, we will primarily put emphasis on whether it can be shown that there are in fact financial activities in the business of an extent which does not amount to what the EU law refers to as “marginal and ancillary”.
Turnover, VAT payments, invoices made out to customers and financial statements may serve as documentary evidence that you are self-employed as defined in EU law. After having applied for SU through minSU, you must attach the documentary evidence to the information form “Foreign citizen” (udenlandsk statsborger) which you are to submit to your educational institution.
Your SU will be discontinued if you do not meet the conditions
If you do not meet the conditions for being a worker or a self-employed person specified above, we will discontinue your SU and if you have received too much SU, you must pay back this amount.
We monitor on an ongoing basis if you continue to meet the conditions for having the status of a worker or a self-employed person. The monitoring is among other things conducted on the basis of the information your employer reports to SKAT (the Danish Customs and Tax Administration) about your income and working hours.
If you are not able to provide documentary evidence that you still meet the conditions, we will discontinue your SU and if you have received too much SU, you must pay back this amount.
If you are a worker, we can ask you to submit documentary evidence showing that you have had effective and genuine work to a minimum of 10-12 hours a week. This documentation can among other things be pay slips, a new employment contract, time sheets and/or duty rosters, documentation for holiday and so on.
If you are a self-employed person, we can ask you to submit documentary evidence that you still are financially active. The documentation can among other things be turnover, VAT payments, invoices made out to customers, your financial statements as well as your tax assessment from SKAT.
How to apply
Read more about how to apply for the first time though minSU.
Inform us if there are changes to your circumstances
It is important that you inform us if there are changes to your circumstances that relate to your equal status with Danish citizens. Please see what to do depending on the change.