Proposal to temporarily restrict the possibility of being granted a residence permit in Sweden
The Government has previously announced a temporary law on restrictions to the possibility of being granted a residence permit in Sweden. The proposal, which aims to adapt the Swedish asylum regulations to the minimum level in the EU, is now being sent out for consultation.
The law will be in effect for three years and applied when a decision on a residence permit is taken during the period in which the law is in force. The law will not be applied to a decision on a residence permit for children or families with children that had applied for asylum by 24 November 2015.
Temporary residence permits
Refugees and persons eligible for subsidiary protection who are granted protection in Sweden will be granted temporary residence permits rather than permanent residence permits – which is the general rule at present.
When a case is first examined, those who are deemed refugees will be granted a three-year permit.
Persons eligible for subsidiary protection will be granted a one-year residence permit.
When the permits expire, they will be extended if grounds for protection still exist.
When a temporary residence permit expires, it is possible that a permanent residence permit may be granted if the person can support themselves.
Quota refugees will continue to receive permanent residence permits.
Restricted right to family member immigration
Persons who are deemed eligible for subsidiary protection will not have the right to family reunification if they had not applied for asylum by 24 November 2015.
Asylum seekers who are deemed refugees and who are granted temporary permits under the new temporary law will continue to have the right to family reunification. However, this right will only apply to spouses, partners and children under the age of 18. Reunification between spouses and partners applies to both different sex and same sex couples. Child refugees will have the right to be reunified with their parents.
Tougher maintenance requirements
The maintenance requirement is to apply to family member immigration and will be broadened to also include a requirement that the sponsor must be able to support family members who come to Sweden. At present, it is sufficient if sponsors can support themselves.
The maintenance requirement does not apply when the sponsor is a refugee or a person eligible for subsidiary protection and the relative applies for a residence permit within the first three months after the person eligible for subsidiary protection has been granted a residence permit. Nor will the maintenance requirement apply if the sponsor is a child, or if the relative has applied for a residence permit by 31 May 2016.
This means that the current exception to the maintenance requirement for family member immigration for Swedish citizens, citizens of other EEA states or Switzerland, and those who have lived in Sweden for more than four years, will be abolished.
Residence permits on grounds of exceptionally/particularly distressing circumstances will not be granted.
The provision on granting residence permits on grounds of exceptionally/particularly distressing circumstances will not be applied. It will be replaced by another provision which means that residence permits will be granted if a decision to deny granting a residence permit would contravene Sweden's international commitments.
Persons otherwise in need of protection
Persons otherwise in need of protection will not be entitled to a residence permit.