It is a temporary law that means that a person who is in need of protection will only be granted a temporary residence permit instead of a permanent residence permit. If you are assessed as having refugee grounds, you will be given a residence permit for three years. If you are assessed as being eligible for subsidiary protection, you will be given a residence permit for 13 months. Family reunification is possible for a person who has refugee status, but is limited for a person eligible for subsidiary protection. In addition, a maintenance requirement applies to anyone who wants to bring their close relatives to Sweden. The law entered into force on 20 July 2016.
How long a residence permit will I be given?
How long a residence permit you are given depends on what protection status you are given in your decision. A person who is given refugee status is given a residence permit for three years. A person who is given the status of being eligible for subsidiary protection is given a residence permit for 13 months.
How do I know if I am given refugee status?
Your decision will say whether you have been given refugee status or status as a person eligible for subsidiary protection. Along with your decision, you will also be given more information about how long a residence permit you have been given and what rights you have. No one can say what status you will be given before the Migration Agency has investigated your application and made its decision on your residence permit.
What is the difference between a permanent residence permit and a temporary residence permit?
If you are given a permanent residence permit, you have the right to reside, work and live here on the same terms as everyone else who is a long-term resident in Sweden. Your permanent residence permit is valid as long as you are resident in Sweden.
A temporary residence permit only applies for 13 months or three years. You have the same right to live and work in Sweden, but when your permit expires the Migration Agency will examine your reasons for being allowed to stay in Sweden again.
Who can be given a permanent residence permit?
Only persons who are considered under the old law and quota refugees can get permanent residence permits.
Who will be considered under the temporary law and who will be considered under the old law?
It is only unaccompanied minors who applied for asylum on or before 24 November 2015 and families with children under 18 years who applied for asylum on or before 24 November 2015 who are considered under the old law.
The children must be under 18 years when the Swedish Migration Agency makes its decision for them to be able to be considered under the old law.
Everyone else is considered under the temporary law.
I applied for asylum before 24 November 2015. My children are still in my country of origin. Can we get permanent residence permits as a family with children?
No, if you are in Sweden without your children, your application is considered as a single adult. If you are given a residence permit your immediate family is able to apply for residence permits to come to you in Sweden during the same period when your permit is valid.
I received my decision before 20 July 2016. What applies to me?
If you received your decision on or before 20 July 2016, you have been considered under the old law and your decision will not be affected by the temporary law.
I have been given a temporary residence permit. What happens when it runs out?
When your temporary residence permit expires, your reasons for staying in Sweden will be examined again. If you still have grounds for protection, you can be given a new your temporary residence permit.
If you have a job that means that you can support yourself, you can be given a permanent residence permit when your temporary residence permit has run out.
What requirements do I have to meet to get a permanent residence permit?
If you have an employment that means that you can support yourself, you can be given a permanent residence permit when your temporary residence permit runs out. Your employer must have notified the Tax Agency of your employment no later than the month after you started working. Your pay, insurance cover and other terms and conditions of employment must follow Swedish collective agreements.
If you are under 25 years of age and have a job in which you can support yourself, you are only able to get a permanent residence permit if you have completed upper secondary school or the equivalent.
I have been given a temporary residence permit. Can I be given health care if I am ill?
Yes, you have the same right to health care as a person with a permanent residence permit.