Information regarding the situation in Afghanistan
The security situation in Afghanistan has changed in a short period of time since the Taliban movement took control of the country. Due to this development, on 16 July the Swedish Migration Agency halted all deportations of persons from Afghanistan. The authority has also paused all rejection decisions in Afghan asylum cases. If you are from Afghanistan, this page provides information that may be relevant to your case and situation.
The development of events in Afghanistan is serious and has escalated very quickly. The Swedish Migration Agency continuously updates our information about the situation in Afghanistan and the agency’s work, both on our website and on our Facebook page.
The Swedish Migration Agency has halted all deportations to Afghanistan and is no longer issuing rejection decisions in Afghan asylum cases
Since mid-July, the Swedish Migration Agency has halted all refusals of entry and deportations to Afghanistan. This is known as an “enforcement halt” and means that no refusals of entry or deportations will be carried out as long as the enforcement halt applies. Anyone who has received a refusal of entry or deportation decision is subject to the enforcement halt. This applies regardless of whether you have applied for asylum, a work permit, or a residence permit for some other reason. The enforcement halt also applies if your case has been handed over to the police. However, the enforcement halt does not mean that the Swedish Migration Agency will re-examine your protection reasons and your chances of being granted asylum in Sweden.
The Swedish Migration Agency has also introduced a decision-making halt in Afghan asylum cases. This means that the Swedish Migration Agency will not issue any rejection decisions for people who have applied for asylum from Afghanistan as long as the halt applies. The Swedish Migration Agency can still move ahead and grant asylum to people from Afghanistan, provided that it is clear that the person is in need of protection. The Swedish Migration Agency is also continuing to make decisions in other types of cases, for example in cases related to work permits or close family ties.
Questions and answers about what the enforcement halt and the decision-making halt mean in practice, for example regarding the right to accommodation and money (the Act on Reception of Asylum Seekers, LMA) or the right to work (AT-UND)
Assessments in Afghan asylum cases
It is currently not possible to say how long the enforcement halt and the decision-making halt will remain in force. The Swedish Migration Agency continues to analyse the development of events very carefully to see what changes we need to make to our legal governance, which is, among other things, the basis for our decisions. At the moment, we cannot say when we will have new legal governance in place for Afghanistan, but the analysis work is ongoing.
Apply to have your protection reasons re-examined
The decision to refrain from carrying out deportations covers all persons from Afghanistan, and you do not need to apply to be subject to the general enforcement halt that the Swedish Migration Agency has decided to implement. If you have a valid refusal of entry or deportation decision and there are new individual reasons why you cannot return to Afghanistan and you want these reasons to be examined, you also have the opportunity to apply for a re-examination of your protection reasons.
The right to aid under the Act on the Reception of Asylum Seekers (LMA) if you have a valid refusal of entry or deportation order
If the refusal of entry or deportation decision has already taken effect, certain conditions must be met in order for you to be entitled to aid again. First, you must submit an application for your case to be suspended (a formal decision to pause the refusal of entry or deportation) or a decision stating that you have been granted a re-examination of your protection reasons. If you receive an individual decision on suspension or re-examination, you can file to report your right to aid under the Act on Reception of Asylum Seekers (housing and money). Please note that you are not entitled to aid as long as the application for a re-examination is being processed.
If you have been outside of Sweden or recently received a residence permit, a decision on suspension is not sufficient. You are not entitled to aid under the Act on Reception of Asylum Seekers (LMA).
Information for persons who have family in Afghanistan
It is perfectly understandable that persons who have family members and close relatives in Afghanistan are worried about recent developments.
In certain cases, your family member can be granted a residence permit to move to Sweden and join you here. Your family member must fulfil the same requirements as everyone who applies for a residence permit due to family ties. The Swedish Migration Agency cannot make exceptions or prioritize applications from Afghanistan. The application process is the same for everyone. When applying for a residence permit due to family ties your family member will also have to visit a Swedish embassy in New Delhi, Teheran or Islamabad.
It is primarily your nuclear family that can be granted a residence permit to move to you in Sweden. Nuclear family means spouse, registered partner or cohabitant, and children under 18 years of age. Only in exceptional cases can other family members be granted a residence permit to move to you in Sweden.
In order for your family member to be granted a residence permit so that they can come join you here, one of the main requirements is that you must be a Swedish citizen, have a permanent residence permit, or have a temporary residence permit with status as a refugee or person in need of alternative subsidiary protection.
If you have been granted a residence permit due to special or exceptionally distressing circumstances or impediments to enforcement, you will also have the opportunity for family reunification even though you do not have a permanent residence permit. The precondition is that you have a well-founded prospect of being granted a residence permit for an extended period of time.
In order for your relatives, other than your nuclear family, to be granted a residence permit you must be able to prove that you and your relatives have lived together immediately before you moved to Sweden. You must also show that it is difficult for you to live apart because you are socially and emotionally dependent on each other, and that you were so already when you lived in your home country.
In these cases, the application must be submitted as soon as possible after you moved to Sweden. The general rule is that it is not possible to get a residence permit if the application is made after a long period of time has passed or if dependency between you has arisen after you moved to Sweden.
If you came to Sweden as an unaccompanied child the requirements for your parents to be granted a residence permit to join you is usually that you have been given a residence permit in Sweden on the of grounds for asylum, and that you are still under the age of 18.