Frequently asked questions
The Swedish Migration Board said that I was not allowed to represent my child. Is that still true?
In a decision made on 17 March 2011, the Migration Court of Appeal rejected an application where three Somali children wanted to come to Sweden because of having family ties to their father, who had a permanent residence permit.
According to Swedish law, a child may not submit an application itself — the application must be made by a guardian. In this case, the father was not able to prove that he was the legal representative of the children and had the right to speak for them and submit an application for them. Therefore, the Swedish Migration Board could not consider the children's application at all.
This changed following the decision handed down by the Migration Court of Appeal on 18 January. If DNA tests prove parenthood, and there is nothing else that indicates otherwise, the parent shall have the right to act as representative for the child and can therefore submit an application for the child.
According to Swedish law, a child may not submit an application itself — the application must be made by a guardian. In this case, the father was not able to prove that he was the legal representative of the children and had the right to speak for them and submit an application for them. Therefore, the Swedish Migration Board could not consider the children's application at all.
This changed following the decision handed down by the Migration Court of Appeal on 18 January. If DNA tests prove parenthood, and there is nothing else that indicates otherwise, the parent shall have the right to act as representative for the child and can therefore submit an application for the child.
Sidan senast uppdaterad: 2012-01-27
Migrationsverket
