Temporary law – these are the requirements for obtaining a permanent residence permit
The Swedish Migration Agency is currently receiving many questions about what is required in order to obtain a permanent residence permit on the grounds that one can support oneself. If you have applied for asylum and have been granted a temporary residence permit, then according to the temporary law you can apply for a permanent residence permit if you can show that you are able to support yourself as an employee or self-employed person.
To be granted a permanent resident permit as an employee, you must be able to show that the terms and conditions of your employment are at least on a par with Swedish collective agreements or with what is customary in your profession or industry. In addition to salary, the terms and conditions of employment also include insurance. To show that you can support yourself on your income, you also need to answer questions about your housing costs. For example, you must show how much you pay for rent, home insurance and household electricity.
Permanent employment or a contract that is valid for at least two years
When the Swedish Migration Agency examines your application, we wish to see evidence that your employment is permanent. This means that you must be permanently employed or have an employment contract that is valid for at least two years from the date on which we make the decision.
Many applicants wonder whether probationary employment can be counted as permanent employment. It is the assessment of the Swedish Migration Agency that you cannot obtain a permanent residence permit as long as you have an ongoing probationary period. However, you can submit your application during your probationary period, and if your position has become permanent (i.e. the probationary period is over) by the time the Swedish Migration Agency examines your application, you can obtain a permanent residence permit.
In order for you to be granted a permanent residence permit, you employment cannot subsidised with any kind of government grant (this applies, for example, to ‘new start jobs’) and your employer must have notified the Swedish Tax Agency that you have started working before the Swedish Migration Agency makes a decision regarding your application.
Apply before your permit expires
You can only be granted a permanent residence permit when your temporary residence permit expires. This means that when you apply for an extended residence permit, you may state that you can support yourself. You can always state several reasons why you are applying for an extended residence permit under the temporary law, and if you do not meet all the requirements for a permanent residence permit, you may still be granted an extended residence permit if you have other reasons for staying in Sweden. The Swedish Migration Agency cannot grant you a permanent residence permit while you have a valid temporary residence permit, but you can apply for a permanent residence permit again when the time comes for you to apply for another extension.
Education for people under 25
The temporary law states that persons under the age of 25 must have completed an upper-secondary level education (or its foreign equivalent) in order to obtain a permanent residence permit as an employee or self-employed person. The Swedish Migration Agency cannot make any exceptions to this requirement.
The Swedish Migration Agency is also receiving many questions about the fact that it can be difficult for young people to find a job quickly enough after completing their upper-secondary education. These questions are based on a provision in the temporary law, which states that a person who has a residence permit on the grounds that she/he is studying at the upper-secondary level may be granted an extended residence permit for up to six months in order to look for work after completing her/his studies. The law does not allow the Swedish Migration Agency to grant you a residence permit for a period of more than the maximum of six months so that you can look for work and establish yourself in the labour market.
If you have applied for an extended residence permit for reasons other than the fact that you have gotten a job, and you should be starting a job before the Swedish Migration Agency has made its decision, you can supplement your application with documents showing that you have started working and meet all the requirements for obtaining a permanent residence permit.