If your application for a residence permit is rejected and you are in Sweden
If the Swedish Migration Agency rejects your application for a residence permit, this means that you are not entitled to a residence permit for Sweden, and that you must leave the country in which you are staying. You can choose to accept or appeal against the decision. If you appeal against it, you may stay in Sweden while your case is being reviewed in court. Even if you choose to appeal, you should make plans to return to your country of origin, or the country you have a right to stay in.
If you accept the decision, you can sign a so-called declaration of acceptance. Once you have signed a declaration of acceptance, you cannot appeal against the decision and you must plan for your return journey. Even if you choose to appeal, you should make plans to return to your country of origin, or the country you have a right to stay in.
The decision will tell you when you must leave Sweden
The decision tells you how much time you have to leave Sweden, often within four weeks from the date the decision acquires legal force. ‘The decision acquires legal force’ means it has become effective and can no longer be appealed. In most cases this happens three weeks after the Swedish Migration Agency has advised you of the decision, or when you have signed a declaration of acceptance.
You must be aware yourself of when the decision acquires legal force, and leave the country within the time specified in the decision.
A decision on rejection is normally valid for four years.
Refusal of entry that is to be enforced immediately
If you have received a decision on refusal of entry that is to be enforced immediately, you must leave Sweden as soon as you have received the decision. Even if you choose to appeal against the decision, you must still leave Sweden.
If you want to appeal
You have the right to appeal against a decision by the Swedish Migration Agency. If you choose to appeal, a court will consider the decision. The decision tells you how much time you have to appeal, often three weeks from the date the decision was notified. Even if you choose to lodge and appeal, you should make plans to return.
Planning your journey home
You are responsible for planning your journey, arranging a passport and other things that are needed in order for you to return to your country of origin, or another country where you have the right to reside. If you have any questions about your journey home, or have not received a proof of departure sent to your home address, you can contact your nearest Reception Unit.
The Swedish Migration Agency sends the decision
When the Swedish Migration Agency informs you of the decision, the Agency can make use of simplified service. This works as follows:
The Swedish Migration Agency sends the decision via a normal letter, to the address you have stated that you can be reached at. If you are registered as living in Sweden in the Swedish Population Register, the Swedish Migration Agency will send the decision to your registered address. At least one day later, the Swedish Migration Agency will send you a confirmation message, indicating that the decision has been sent. This is done to make certain that you have received the first letter. So you will receive two letters from the Swedish Migration Agency, most probably with one day’s interval. You do not need to inform the Swedish Migration Agency that you have received the letter.
You will be viewed as having been informed of the decision once two weeks have passed from the time the decision was sent to you. Afterwards, you have three weeks to appeal the decision. If you have not received the decision, but only the confirmation message, you should contact the Swedish Migration Agency as soon as possible.
Remember to check your post regularly and ensure that your name is indicated on the doors or the mailbox. If you lodge an appeal, the Administrative Court can also choose to serve you with the decision via simplified service.
In certain cases, you will be informed of the decision by word of mouth. the Swedish Migration Agency will send you a summons via a letter, which will contain a time when you should come to our location to be informed of your decision.
If you do not comply with a decision
Once the decision has acquired legal force and can no longer be appealed, you must leave Sweden. If you do not leave by the deadline that is written in the decision, the Swedish Migration Agency will make a decision to issue a re-entry ban. You can also receive a decision on supervision or detention. Supervision means that you must report to the Swedish Migration Agency or the Police over certain time periods. If you receive a detention decision, you must stay at a residence that is under lock and key while awaiting your departure.
If the Swedish Migration Agency believes you will not leave Sweden voluntarily, the responsibility will be assumed by the Police, who have the right to execute the expulsion by force.
It is always your responsibility to demonstrate to the Swedish Migration Agency that you have left Sweden. If the Swedish Migration Agency is not informed that you have left Sweden, we may make the decision to impose a re-entry ban. This means you may not enter the Schengen area. Your case may also be forwarded to the Border Police.
In order for the Swedish Migration Agency to be informed that you have left Sweden, you should submit a proof of departure to passport control when you depart. The proof of departure will be sent to you in a letter, or you can request one from your nearest Reception Unit. You can also demonstrate that you have left the country by submitting a passport copy containing the first page of your passport with your personal data, and the page with the exit stamp (marked with a reference number), to the Swedish Migration Agency. A flight ticket or boarding pass alone cannot be used to confirm departure.
Please note that you may not purchase a trip that involves a stopover in another Schengen country, and that the proof of departure can only be submitted at Swedish airports. If you fly from Kastrup, for example, you must confirm your outward journey by sending copies of your passport with the exit stamp.
If you do not leave the country within the time period indicated in the decision, you may be issued with a re-entry ban, meaning that you cannot return to any of the Schengen countries, Romania, Bulgaria or Croatia within a certain period of time. You may also be issued a re-entry ban if the Swedish Migration Agency believes that you will not return voluntarily.
If you have received a decision on refusal of entry that is to be enforced immediately, a re-entry ban will be imposed in all cases, normally for two years, even if you leave Sweden immediately.
Re-entry ban on other grounds
If the Swedish Migration Agency does not believe you will leave Sweden voluntarily, you may be issued with a re-entry ban for the Schengen area, which is valid for up to five years. This can happen, for example, if you
- have previously stayed away
- have said you do not intend to leave Sweden
- have used a false identity or failed to help the Swedish Migration Agency to establish your identity
- have knowingly given information that is not correct or have not provided important information
- have been convicted of an offence that may lead to imprisonment.
If you are given a re-entry ban for any of these reasons, you will lose the time you had to travel home voluntarily and must leave the country immediately.