Facts about the process
The same process regardless of the reason for applying
The asylum-seeker may not be able to choose what country they end up in, but from the moment a person hands in an application, the process is the same whether they are applying for asylum or for a permit to come as an employee, family member or student. This image is an attempt to visualise what happens to an application from start to finish.
Processing an asylum matter
- A person arrives in Sweden and submits an application for asylum with the Swedish Migration Agency. This is also when the Migration Agency assesses whether the person needs support from a public counsel.
- Asylum investigation. The applicant, possibly with the support of a public counsel, tells the Agency why he or she is seeking protection in Sweden.
- Further investigation. Some cases have to be supplemented or investigated further.
- The establishment reform – legislation of 1 December 2010. The Swedish Public Employment Services along with the municipalities and other concerned authorities, are responsible for ensuring that those who have been granted residence permits after seeking asylum, as well as their family members, as soon as possible are given opportunities to learn Swedish, find work and provide for themselves
- The person applies for asylum with the Swedish Migration Agency, which assesses the application.
- The Swedish Migration Agency makes a decision.
- Everyone has the right to appeal such a decision within three weeks. The applicant submits the appeal to the Migration Agency, which will then reassess the decision.
If the decision remains the same, the Migration Agency will hand the appeal over to a Migration Court, which will assess the case.
- Judgment from a Migration Court.
- The applicant can seek leave to appeal from the Migration Court of Appeal within 3 weeks.
If leave to appeal is granted, the case is assessed for a third time. The judgment of the Migration Court of Appeal will set a precedence, and the court will therefore only grant leave to appeal for cases important to the application of law.
A person whose application is finally rejected must return home.
The Swedish Migration Agency can also apply for leave to appeal from the Migration Court of Appeal.
- Judgment from the Migration Court of Appeal.
The decision has become legally binding and is no longer possible to appeal.
Voluntary return means that the person accepts the decision, and leaves Sweden to return to their homeland. If the person does not return voluntarily, the Swedish Migration Agency will transfer the case to the Police. Having the person leave the country will then be a Police matter, known as forced return.
The EU Directive on Return
As of 1 May 2012, the same regulations apply throughout the EU. A person whose application has been rejected may get a re-entry ban for Sweden and the other Schengen countries for up to 5 years.
A person who does not leave the country within the provided time frame will normally be given a re-entry ban for one year.