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If your application is refused by the Migration Board
A decision to reject your application for asylum means that you are not entitled to a residence permit in Sweden. You have the right to declare acceptance or appeal against the decision, but you should plan for your return even if you appeal.
If your decision states that you are to be deported with immediate enforcement special rules apply. You will find the rules for immediate enforcement on a separate page, see link to the left.
You can notify the Swedish Migration Board that you accept the rejection decision (you declare acceptance). You cannot then appeal the decision. If you have already lodged an appeal, the declaration of acceptance means that your appeal case is withdrawn. You cannot withdraw a declaration of acceptance.
If you believe that the rejection decision is incorrect, you may appeal. If you have a public counsel, you may receive assistance. The appeal must be received by the Swedish Migration Board within 21 days from the date on which you were notified of the decision.
If you appeal, the Swedish Migration Board will review your case once again. If the Board upholds its decision, the appeal will be forwarded to the Migration Court at one of the three administrative courts, in either Stockholm, Göteborg or Malmö. Which one will depend on the asylum unit that rejected your application. The Migration Court can either change or confirm the Board's decision.
From the date the Migration Court received your appeal, you must contact the Court if you any question relating to your application for asylum and the judicial proceedings. As a rule you have a public counsel for assistance.
When the decision comes into force, you must leave Sweden. This means that you cannot appeal against the decision. A decision comes into force if you:
If you have been working while you have been an asylum-seeker and had an AT-und (exemption from the obligation to have a work permit), you can continue to work until you leave Sweden. However, your AT-und will be withdrawn if you do not cooperate with the Migration Board regarding your return journey.
If your decision on refusal of entry or deportation has come into force you may apply for a work permit. For more information, please read under the headin Working in Sweden - For people wanting to work in Sweden - Applying in Sweden - Asylum seekers, or contact your case officer.
If you hold an LMA card, you are entitled to emergency healthcare and financial compensation until the day you leave Sweden. This also applies to children, who moreover, have the right to both education and healthcare.
Before you leave the country, you must return your LMA card. You must also return your debit card if you previously received financial compensation from the Swedish Migration Board.
It is your own conduct that determines the procedure for leaving Sweden. If the Swedish Migration Board considers that you are not cooperating with your return following your rejection decision, the Swedish Migration Board is entitled to:
If your application has been rejected you may receive a re-entry ban for a period of up to five years. This means that you are not permitted to travel to Sweden or any other Schengen country during this time. If your application has been rejected you may also receive a period of voluntary return to your home country. The deadline means that you have a certain time within which to leave the country.
The main rule is that if you have received a refusal-of-entry order, you have two weeks to leave the Schengen Area, from the date on which the decision enters into force. If you have received an expulsion order, the period is four weeks from the date on which the decision enters into force. In the decision, it will state whether you have received an order of refusal-of-entry or expulsion.
It is your responsibility to prove that you left the Schengen Area before the deadline ran out. Before you leave Sweden, you will receive a document from the Swedish Migration Board, a "proof of departure". You must submit this document when you pass the border control for your outbound flight to prove that you are leaving the Schengen Area. If for whatever reason you do not submit the proof of departure, you must provide another form of evidence that you have left the Schengen Area. This may, for example, take the form of tickets or stamps in your passport. Whatever form of proof that you have left the Schengen Area can be presented at the nearest Swedish embassy or consulate, or a copy can be sent to the Swedish Migration Board. If you cannot prove that you have left the Schengen Area, the Swedish Migration Board shall decide whether to issue you with a one-year re-entry ban.
You may be granted more time within which to leave the country if you have special reasons. These may for example be that you need more time in order to obtain a passport or in order for your children to be able to leave school in an appropriate manner. If you require more time, you must inform the Swedish Migration Board of this as soon as possible. The Swedish Migration Board cannot extend your deadline if it has already run out. The requirement for special reasons means that the deadline can only be extended under exceptional circumstances.
In certain cases, you are not granted a deadline. This means that you must leave Sweden immediately and that you are issued with a re-entry ban. The Swedish Migration Board may also decide that you are to be refused entry or expelled immediately, even if you have previously been given a deadline. In this case, you will automatically receive a re-entry ban. This may happen if, for example, the Swedish Migration Board has reason to believe that you will not leave the Schengen Area.
You will be issued with a re-entry ban if you do not leave the country before the deadline expires, or if you have received a "refusal-of-entry with immediate effect" . A refusal with immediate effect means that your application is rejected within three months and that you must leave Sweden immediately.
You may also be issued with a re-entry ban if:
The Swedish Migration Board may decide not to issue you with a re-entry ban in consideration of your personal relationships. This may happen if, for example, you have children with the right to reside in Sweden or another country within the Schengen Area or if you cannot leave the country for reasons which you have no control over.
If you have been given a re-entry ban, you cannot return to the Schengen Area as long as your re-entry ban is in force. The re-entry ban can however be cancelled if you can later prove that you left the Schengen Area before your deadline had expired. If the re-entry ban is cancelled, this means that the ban is removed.
You can appeal a decision for a re-entry ban. If you wish to appeal, you must write to the Swedish Migration Board no later than three weeks after you have received your decision. If you are issued with a re-entry ban on the grounds that you did not leave the country before your deadline expired, you must appeal the decision no later than three weeks after the Swedish Migration Board has made the decision.
Declaration of acceptance
You can notify the Swedish Migration Board that you accept the rejection decision (you declare acceptance). You cannot then appeal the decision. If you have already lodged an appeal, the declaration of acceptance means that your appeal case is withdrawn. You cannot withdraw a declaration of acceptance.
Appealing the decision
If you believe that the rejection decision is incorrect, you may appeal. If you have a public counsel, you may receive assistance. The appeal must be received by the Swedish Migration Board within 21 days from the date on which you were notified of the decision.
If you appeal, the Swedish Migration Board will review your case once again. If the Board upholds its decision, the appeal will be forwarded to the Migration Court at one of the three administrative courts, in either Stockholm, Göteborg or Malmö. Which one will depend on the asylum unit that rejected your application. The Migration Court can either change or confirm the Board's decision.
From the date the Migration Court received your appeal, you must contact the Court if you any question relating to your application for asylum and the judicial proceedings. As a rule you have a public counsel for assistance.
What does the rejection decision mean?
When the decision comes into force, you must leave Sweden. This means that you cannot appeal against the decision. A decision comes into force if you:
- have declared acceptance, that is to say accepted the decision
- have not appealed within the stipulated time
- have withdrawn your appeal or when the Migration Court or the Migration Court of Appeal has confirmed the Swedish Migration Board decision.
You are entitled to work
If you have been working while you have been an asylum-seeker and had an AT-und (exemption from the obligation to have a work permit), you can continue to work until you leave Sweden. However, your AT-und will be withdrawn if you do not cooperate with the Migration Board regarding your return journey.
If your decision on refusal of entry or deportation has come into force you may apply for a work permit. For more information, please read under the headin Working in Sweden - For people wanting to work in Sweden - Applying in Sweden - Asylum seekers, or contact your case officer.
You must return your LMA card
If you hold an LMA card, you are entitled to emergency healthcare and financial compensation until the day you leave Sweden. This also applies to children, who moreover, have the right to both education and healthcare.
Before you leave the country, you must return your LMA card. You must also return your debit card if you previously received financial compensation from the Swedish Migration Board.
If you do not cooperate
It is your own conduct that determines the procedure for leaving Sweden. If the Swedish Migration Board considers that you are not cooperating with your return following your rejection decision, the Swedish Migration Board is entitled to:
- reduce any daily allowances
- if we assess there is a risk that you will make yourself unavailable, we have the right to place you under supervision or put you into detention (see fact box below)
- if you do not cooperate in leaving Sweden, or make yourself unavailable so that it is impossible to execute (to practically implement) the decision to leave, the Swedish Migration Board hands the case over to the police. The police have the right to issue a description and search for you. The police also have the right to use force in order to make you leave the country. If your case is forwarded to the police, your return journey is always made with the police's help.
Re-entry ban and period of voluntary return
If your application has been rejected you may receive a re-entry ban for a period of up to five years. This means that you are not permitted to travel to Sweden or any other Schengen country during this time. If your application has been rejected you may also receive a period of voluntary return to your home country. The deadline means that you have a certain time within which to leave the country.
Period of voluntary return to leave the country
The main rule is that if you have received a refusal-of-entry order, you have two weeks to leave the Schengen Area, from the date on which the decision enters into force. If you have received an expulsion order, the period is four weeks from the date on which the decision enters into force. In the decision, it will state whether you have received an order of refusal-of-entry or expulsion.
It is your responsibility to prove that you left the Schengen Area before the deadline ran out. Before you leave Sweden, you will receive a document from the Swedish Migration Board, a "proof of departure". You must submit this document when you pass the border control for your outbound flight to prove that you are leaving the Schengen Area. If for whatever reason you do not submit the proof of departure, you must provide another form of evidence that you have left the Schengen Area. This may, for example, take the form of tickets or stamps in your passport. Whatever form of proof that you have left the Schengen Area can be presented at the nearest Swedish embassy or consulate, or a copy can be sent to the Swedish Migration Board. If you cannot prove that you have left the Schengen Area, the Swedish Migration Board shall decide whether to issue you with a one-year re-entry ban.
Extended deadline
You may be granted more time within which to leave the country if you have special reasons. These may for example be that you need more time in order to obtain a passport or in order for your children to be able to leave school in an appropriate manner. If you require more time, you must inform the Swedish Migration Board of this as soon as possible. The Swedish Migration Board cannot extend your deadline if it has already run out. The requirement for special reasons means that the deadline can only be extended under exceptional circumstances.
No deadline
In certain cases, you are not granted a deadline. This means that you must leave Sweden immediately and that you are issued with a re-entry ban. The Swedish Migration Board may also decide that you are to be refused entry or expelled immediately, even if you have previously been given a deadline. In this case, you will automatically receive a re-entry ban. This may happen if, for example, the Swedish Migration Board has reason to believe that you will not leave the Schengen Area.
Decision for a re-entry ban
You will be issued with a re-entry ban if you do not leave the country before the deadline expires, or if you have received a "refusal-of-entry with immediate effect" . A refusal with immediate effect means that your application is rejected within three months and that you must leave Sweden immediately.
You may also be issued with a re-entry ban if:
- you are considered to be a threat to public order and safety
- you are expelled as a result of criminal activities
- there is a risk that you will go into hiding and not wish to leave Sweden.
Exemptions from the re-entry ban
The Swedish Migration Board may decide not to issue you with a re-entry ban in consideration of your personal relationships. This may happen if, for example, you have children with the right to reside in Sweden or another country within the Schengen Area or if you cannot leave the country for reasons which you have no control over.
Cancelling a re-entry ban
If you have been given a re-entry ban, you cannot return to the Schengen Area as long as your re-entry ban is in force. The re-entry ban can however be cancelled if you can later prove that you left the Schengen Area before your deadline had expired. If the re-entry ban is cancelled, this means that the ban is removed.
If you re-apply for a residence permit via a Swedish mission abroad (Embassy or Consulate General), the Swedish Migration Board will examine your application. If you are granted a temporary residence permit, your re-entry ban is not applicable whilst this is in effect. If you are granted a permanent residence permit, your re-entry ban is removed.
Appeal
You can appeal a decision for a re-entry ban. If you wish to appeal, you must write to the Swedish Migration Board no later than three weeks after you have received your decision. If you are issued with a re-entry ban on the grounds that you did not leave the country before your deadline expired, you must appeal the decision no later than three weeks after the Swedish Migration Board has made the decision.
Supervision and detention
Supervision means you are obliged to regularly report at the times and at the place you have received information of, and that you must relinquish your passport or other identity papers. You may also need to satisfy other special conditions.
If you are placed in detention this means your freedom of movement is restricted to a detention unit (secured unit). The Swedish Migration Board is responsible for the detention facilities. Children may be placed in detention if the Board does not believe that it is sufficient that the child is placed under supervision. The requirements for placing children in detention are significantly more stringent than for adults. A child without a guardian in Sweden may only be placed in detention if there are serious reasons involved.
Sidan senast uppdaterad: 2012-05-01
Migrationsverket
