Your child’s age on the date of application determines whether she or he can be considered a child when making a decision about the application
If your child was under 18 years of age when the application for family reunification was filed, but has reached the age of 18 by the time the Swedish Migration Agency makes a decision, she or he can still be considered a child. This is the recent decision by the European Court of Justice.
The EU judgement means that it is the age of the child at the time of the application that applies when the Swedish Migration Agency later decides whether your child has the right to move to Sweden to be with you.
In order for your child to be able to obtain a residence permit, you (the parent) must have obtained a residence permit valid for at least one year and have a good chance of obtaining a permanent residence permit. In order to move to Sweden to be with you, your child must meet the other requirements for being granted a residence permit.
The judgement applies to the following types of parents
According to the Swedish Migration Agency, if you are a parent who has a residence permit in Sweden, and you also have a child who wants to apply to move to Sweden to be with you, in most cases this judgement will apply. Among others, the group covered by the judgement includes parents who
- are refugees
- are in need of alternative subsidiary protection
- have an EU Blue Card
- have an ICT permit
- are conducting research in Sweden
- are citizens of the Union
- are Swedish citizens, that is if you have obtained Swedish citizenship but have children outside Sweden who are not Swedish citizens.
However, the judgement does not apply to parents who, for example, have a residence permit for higher education or working in Sweden, nor to parents who received a residence permit because they planned to get married or become a cohabitating partner with someone in Sweden. In these cases, it is your child’s age on the date of the decision that matters.