11 September 2018

More youths may be covered by the new law on upper secondary education


The Swedish Migration Agency has decided that unaccompanied minors who had arrived in Sweden before 24 November 2015, but whose asylum application was registered with the Swedish Migration Agency after this date, may under certain circumstances be covered by the new law on upper secondary education.

– If there is an official note at the arrival municipality, which clearly states that you have expressed your will to apply for asylum, and it is dated before 24 November 2015, we will use that earlier date, says Anna Lindblad, legal specialist at the Swedish Migration Agency.

Another condition is for the applicant to have later confirmed his/her will to apply for asylum when contacting the Swedish Migration Agency and that this must have been done in close connection with the first manifestation of the applicant’s intent.

In general, written documentation indicating that you wanted to apply for asylum in Sweden dated at the municipality before 24 November 2015 is required, but the Swedish Migration Agency will also consider other evidence.

The Swedish Migration Agency, Swedish Police, Swedish Coast Guard and Swedish Customs are the competent authorities dealing with asylum applications.

– Given the exceptional situation in November 2015, where the Swedish Migration Agency did not have sufficient time to register applications as asylum seekers arrived in Sweden, our assessment in this case is that even a municipality may be deemed competent to submit the letter of intent to the Swedish Migration Agency, says Anna Lindblad.

A very large number of people arrived at train stations and ferry terminals at the same time in this period. This meant that many unaccompanied minors were taken to reception accommodation centres regardless of whether they had managed to file their asylum application. In the last two weeks of November and the first week of December 2015, around 4,000 asylum applications were filed for unaccompanied minors.

– It is estimated that there were a few hundred of those who filed their asylum application afterwards, but we do not know the exact number, says Anna Lindblad.

All other conditions that apply with the new law on upper secondary education, such as having your asylum application rejected and waiting more than 15 months for the decision, must also be met in order to be covered by the new law.

Since 18 July 2018, the Swedish Migration Agency has decided to delay decisions to grant residence permits in connection with the new law on upper secondary education. The reason is that the Migration Agency is waiting for legal guidance to be provided by the Migration Court of Appeal.

– But the application period is ongoing and 30 September is the final deadline for applying. Therefore, it is good to submit your application to the Swedish Migration Agency as soon as possible, says Anna Lindblad.

Read more about the new law on upper secondary education.