3 July 2019

Application for a residence permit when one is already pending

A recent legal position paper (SR 13/2019) by the Swedish Migration Agency states that an application for a residence permit is to be processed along with one that is already pending. You are particularly affected by this ruling if you have applied for a residence and work permit to move to someone in Sweden and would like to obtain a residence permit in order to visit while awaiting a decision.

The Migration Agency will process your application for a permit along with any that you have already filed on other grounds. We will make our decision concerning the matter that is most favourable to you, typically your application for a residence and work permit. If you are in Sweden, your request for a permit to visit will cause the residence and work permit matter to be processed on a post-entry basis, frequently leading to denial or deportation. If you are not in Sweden, an application for a permit to visit will be processed at the same time as the residence and work permit matter. As a result, the period of the visit may already have passed by time we make a decision.

If you applied for a permit to visit prior to the Migration Agency reassessment and are still awaiting a decision, you may withdraw the application and receive a refund of the fee.

Entering Sweden or extending your visit despite a pending application

You may request withdrawal of your application for a residence and work permit if your visit or extended stay is urgent. You will need to reapply for a permit after having returned to your country of origin.

You may still apply for a visa to visit Sweden for less than 90 days. If you do not require a visa and you have a pending residence permit matter you may also visit Sweden temporarily. Make sure to leave Sweden as soon as your period without a visa expires so that your application is not denied on the grounds that you are still in the country.

Extending your permit or obtaining a permanent one

The legal position paper also affects your application for extension of a residence permit or obtaining a permanent one. Given that you cannot hold two permits at the same time, we cannot ordinarily grant a new temporary or a permanent one ahead of time. Don’t forget to reapply for a temporary residence and work permit before the old one expires. An application that is filed too early, however, may be denied.

The grounds for your request determine how soon you can file for an extension. Click the various links in the menu to the left to find out more about the rules for each type of matter.

Instructions for contacting the Migration Agency

Wording of the legal position paper, SR 13/2019 (in Swedish)external link, opens in new window

Learn more about the requirements for obtaining a visa to visit Sweden