New law on upper secondary education, 1 July until 30 September

The Parliament of Sweden has made a decision regarding new provisions in the so-called law on upper secondary education (gymnasielagen). The new provisions make it possible for people who have had their applications for asylum rejected to apply for a residence permit to undertake studies at upper secondary level. In order to be covered by the new provisions, you need to meet certain requirements. This amendment to the law is temporary and applications must be submitted between 1 July and 30 September 2018.

The Swedish Migration Agency has decided until further notice to delay decisions to grant residence permits for secondary school studies. The decision is valid until legal guidance is provided by the Migration Court of Appeal.

You still need to apply before September 30th.

The Migration Agency will delay decisions in cases concerning the new law on secondary education. (In Swedish only)

Questions and answers about the Swedish Migration Agency’s decision to temporarily cease residence permits for secondary school studies according to the new law on secondary education.

In order to receive a residence permit under the new law on upper secondary education, the following conditions must be met:

  • You first applied for asylum on 24 November 2015 or earlier. Alternatively, you came to Sweden before 24 November 2015 and notified the municipality in which you first arrived that you wanted to apply for asylum, but your asylum application was registered with the Swedish Migration Agency after 24 November 2015.
    Read the news article More youths may be covered by the new law on upper secondary education
  • You were registered as an unaccompanied minor when you applied for asylum and you were referred to a municipality for housing.
  • You were 18 years of age or older when you received a decision on expulsion or deportation.
  • You had to wait for more than 15 months to receive a decision.
  • You received the decision on expulsion or deportation on or after 20 July 2016.
  • You are studying, or have previously studied, and intend to study at upper secondary level in Sweden.
  • You must be in Sweden when you apply.

The Swedish Migration Agency will also check whether you have committed any crimes or if there is anything which suggests you may constitute a security risk.

If you are still waiting for a decision on your asylum application, you may also be covered if your application is rejected and you meet all of the conditions.

How to apply

You need to complete the application form and send it to the Swedish Migration Agency.

Application for a residence permit for upper secondary studies, form number 168011 (in Swedish)PDF

You must certify in the form that you are currently studying or that you intend to study. Together with your form, you also need to send in:

  • an individual study plan or equivalent documentation which demonstrates that you are studying at upper secondary level
    or
  • a document which proves that you have previously studied in Sweden at either elementary school level or upper secondary level.

You can send your application by email or regular post.

If you want to email your application

Fill in the application form on your computer. Scan the document with your individual study plan or equivalent document that shows that you have studied. The email address you should use depends on where in the country you live. On the map you can see which email address is the right one for you.

If you want to send your application by post

Print out the application form and fill it in. Put it in an envelope together with your individual study plan or equivalent document that shows that you have studied. The address you should use depends on where in the country you live. On the map you can see which address is the right one for you.

You can also submit your application to any of the Swedish Migration Agency’s offices.

Once the Swedish Migration Agency has reviewed your application, you will receive a decision, which will be sent as a letter to the address indicated in your application.

Addresses

Nummer 1

Migrationsverket
Box 1323
751 43 UPPSALA

Nummer 1

Migrationsverket
Box 507
169 29 SOLNA

Nummer 1

Migrationsverket
Box 1087
405 23 GÖTEBORG

Nummer 1

Migrationsverket
Box 3147
200 22 MALMÖ

Karta över kontaktuppgifter för nya gymnasielagen

Click on the picture to see a larger map

Questions and answers about the Swedish Migration Agency’s decision to temporarily cease residence permits for secondary school studies according to the new law on secondary education
  • Why has the Swedish Migration Agency decided to temporarily cease granting residence permits for secondary school studies?

    If the Swedish Migration Agency were not to delay decisions in some cases concerning the new law on secondary education, this would lead to legally insecure situation in Sweden as the decision would depend on whether the case is considered by the Swedish Migration Agency or the court.

    To prevent this from happening, the Swedish Migration Agency has decided until further notice to delay decisions to grant residence permits for secondary school studies. The decision is valid until legal guidance is provided by the Migration Court of Appeal.

  • How long is the temporary cessation valid?

    As matters stand now, we are unable to answer this. The decision is valid until legal guidance is provided by the Migration Court of Appeal.

  • Does this mean that the Swedish Migration Agency will cease all processing of applications as a result of the new law on secondary education?

    No, the Swedish Migration Agency will continue to make decisions on refusal in cases where the applicant clearly does not meet the basic requirements for being granted a residence permit according to the new law. This may concern cases where, for example, the applicant came to Sweden after 24 November 2015 or has not waited 15 months or more for a decision.

  • What needs to happen for you to start granting residence permits in accordance with the new law on secondary education?

    It is difficult to say exactly, but we are carefully following the development of the law and are expecting legal guidance from the Migration Court of Appeal.

  • Can I still apply for a residence permit for secondary school studies even though you have temporary stopped making decisions?

    Yes, you can still apply up until 30 September. The applications that have been received will then be decided when the Swedish Migration Agency resumes its handling of all cases.

  • I have already applied for a residence permit for secondary school studies. What happens with my application now?

    We will continue to process applications that are received, only with the change that right now we will not be granting any residence permits for secondary school studies in accordance with the new law on secondary education.

Questions and answers on the new law on upper secondary education – in general
  • What is required for me to obtain a residence permit under the new law on upper secondary education?

    In order to receive a residence permit under the new law on upper secondary education, the following conditions must be met:

    • You first applied for asylum on 24 November 2015 or earlier. Alternatively, you came to Sweden before 24 November 2015 and notified the municipality in which you first arrived that you wanted to apply for asylum but your asylum application was registered with the Swedish Migration Agency after 24 November 2015.
      Read the news article More youths may be covered by the new law on upper secondary education
    • You were registered as an unaccompanied minor when you applied for asylum and you were referred to a municipality for housing.
    • You were 18 years of age or older when you received a decision on expulsion or deportation.
    • You had to wait for more than 15 months to receive a decision.
    • You received the decision on expulsion or deportation on or after 20 July 2016.
    • You are studying, or have studied, and intend to study full-time at an upper secondary school or a special needs upper secondary school or to undertake an equivalent full-time course of education or to undertake coherent vocational training within an adult education centre (Komvux) or undertaking special needs education for adults (Särvux)
    • You must be in Sweden when you apply.

    The Swedish Migration Agency will also check whether you have committed any crimes or if there is anything which suggests you may constitute a security risk.

  • I don’t know when I received my decision from the Swedish Migration Agency and I can’t remember exactly when I applied for asylum. How do I find this out?

    If you no longer have a copy of the decision you received before or if you are unsure as to what date you received your decision and what it said, then you can come down to one of our receptions and request a new copy of the decision.

    If there was an official note at the Swedish Migration Agency or any other authority such as the municipality in which you first arrived, mentioning your intent to apply for asylum before 24 November 2015, we can use this date.

    In order to be able to use this date as a starting point, you must have confirmed that you want to apply for asylum in your communication with the Swedish Migration Agency, and you must have done so shortly after notifying the municipality thereof.

  • I wanted to apply for asylum as soon as I came to Sweden before 24 November 2015 but I did not have enough time. My asylum application was registered with the Swedish Migration Agency after 24 November 2015. May I still get a residence permit?

    Yes, if there is an official note at the Swedish Migration Agency or any other authority such as the municipality in which you first arrived, mentioning your intent to apply for asylum before 24 November 2015, we can use this date.

    In order to be able to use this date as a starting point, you must have confirmed that you want to apply for asylum in your communication with the Swedish Migration Agency, and you must have done so shortly after notifying the municipality thereof.

    You must also meet the other conditions in order to be covered by the new law on upper secondary education. For example, your asylum application must have been rejected and you must have waited more than 15 months for the decision.

  • How long will it take for me to receive a decision? Will it be when the autumn 2018/19 term starts?

    We are unable to answer that, unfortunately, as the law from 1 July 2018 is new. The Swedish Migration Agency has not considered these types of applications before. Submitting a complete application from the very beginning will make the application process shorter; that means submitting your completed form together with an individual study plan.

  • If I am granted a residence permit, will I also have the right to work?

    Yes, when you are granted a residence permit you are granted a work permit for the same period.

  • If I have received a decision in my asylum case that has taken legal effect (i.e., the decision can no longer be appealed), and I apply for a residence permit for upper secondary school studies, is there a risk that I may need to return to my country of origin while I’m waiting for a decision?

    Starting on 1 July, the Swedish Migration Agency has the ability to impose a suspension (i.e., the postponing of the enforcement of a decision) for those who have received an enforceable expulsion decision and are applying for a residence permit for upper secondary school studies. An individual assessment will be made to determine whether the Swedish Migration Agency will postpone the enforcement of the decision.

  • If I receive a residence permit for upper secondary school studies, can I then extend my residence permit?

    The first time you apply, you have the ability to receive a residence permit for 13 months. You can then apply to receive an extended residence permit, and the length of the permit will depend on how long your course of study lasts.

    For example: If you are studying in the introductory programme, you will later have the ability to receive an additional 13 months of time on your residence permit. If you are studying in a national programme, you can receive a residence permit lasting as long as your course of study, plus six months.

  • What is required in order to receive an extended residence permit?

    After 13 months, we will check whether the applicant has been actively participating in his/her studies. In 2018, we will produce formal rules to specify exactly what “actively participating” means.

  • Will I be able to get a work permit later, instead of a residence permit for upper secondary school studies?

    To be able to receive a work permit after having received a residence permit for upper secondary school studies, you need to have completed an upper secondary education. This applies regardless of what type of upper secondary education you have had.

  • A requirement in the new law on upper secondary education is that I must have waited for decision on asylum for at least 15 months. How do I calculate my waiting time?

    Your waiting time is calculated from the date when your application for asylum is registered with the Swedish Migration Agency to the date when a decision to reject your asylum case is made.

    If there was an official note at the Swedish Migration Agency or any other authority, such as the municipality in which you first arrived, mentioning your intent to apply for asylum before 24 November 2015, we can use this date, in which case your waiting time is calculated from that date. In order to be able to use this date as a starting point, you must have confirmed that you want to apply for asylum in your communication with the Swedish Migration Agency, and you must have done so shortly after notifying the municipality thereof.

  • Do I have to provide proof of my identity to be able to get a residence permit according to the new law on secondary education?

    The Swedish Migration Agency will have already investigated your identity when we examined your case. We will only investigate your identity further in exceptional cases, for example, if new information is submitted. If your case is with the Migration Court, you will need to contact them about this matter.

  • If I have applied for a residence permit for upper secondary school studies, do I have the right to medical care and/or an Asylum Seeker card?

    As long as you are registered in the reception system, and have a valid Asylum Seeker card, you have the right to medical care as an asylum seeker, and thus will get an Asylum Seeker card showing that you are entitled to certain benefits as an asylum seeker.

    However, if you have been unregistered from the reception system, and a decision on a residence permit (for upper secondary school studies) has not yet been made, you still have the right to medical care as a permit applicant. This means that you will receive care under the same terms as third country nationals who are in Sweden as tourists: the County Council in which they are staying must provide them with non-subsidised, immediate (urgent) care. In that case, you cannot receive an Asylum Seeker card.

Questions and answers about the studies
  • What courses and educational programmes are counted?

    All courses at upper secondary level are counted. Introduction programmes, national programmes, adult education programmes, special needs adult education programmes and the so-called vocational package (yrkespaketen). You can find examples of different upper secondary courses on the website of the Swedish National Agency for Education, gymnasieinfo.se.external link, opens in new window

  • Where can I find the courses?

    You can find examples of different upper secondary courses on the website of the Swedish National Agency for Education, gymnasieinfo.se.external link, opens in new window You will find information there in other languages besides Swedish. You can also visit your municipality’s website and search for what courses are offered in the municipality that applies to you.

  • Do I have to study full-time?

    Yes, in most cases you have to study full-time. You will only be granted a residence permit for part-time studies in certain exceptional cases; for example, in the case of illness or disability.

  • Will it make a difference if I have never studied before?

    It is a requirement for the applicant to either have studied in the past, or be studying currently. If you have never studied in Sweden before, the regulations do not apply to you.

Questions and answers about the application
  • When can I apply?

    You can apply from and including 1 July up to and including 30 September 2018.

  • What is an individual study plan?

    It is a document which states that you are studying. It includes information about what subjects you are studying and how long you have studied for. These documents are drawn up by your principal or by somebody else who works at the school whenever you request them. You can find examples of what these documents look like at skolverket.se.external link, opens in new window It does not cost anything to get an individual study plan.

  • How do I get a copy of my individual study plan?

    You need to contact your school or the school office at the municipality your school is located in and ask them to send your study plan to you or make arrangements for you to collect it from the school. You are responsible yourself for contacting your school and requesting your study plan. The Swedish Migration Agency will not do this on your behalf.

  • Why does the Swedish Migration Agency need to see my study plan?

    Because the law states that in order for you to remain in Sweden and obtain a residence permit, then you need to demonstrate to the Swedish Migration Agency that you are studying or that you have studied and that you intend to continue studying.

  • I had my application for asylum rejected and I have lodged an appeal with the court. How do I apply?

    You apply to the Swedish Migration Agency. The Swedish Migration Agency will then contact the court and let them know that you have submitted an application.

  • Do I need to go down to the Swedish Migration Agency and have a meeting when I have applied?

    No. Contact between you and the Swedish Migration Agency will be via post.

  • Can I apply for a residence permit for upper secondary school studies if I am outside the country?

    No, you cannot. When you apply for a residence permit for upper secondary school studies, you must be present in Sweden.

  • I have a public counsel. Can he/she assist me with my application?

    Yes: your public counsel can help you within reasonable limits.

  • Do I need to have a legal representative in order to apply for a residence permit for upper secondary school studies?

    No, you don’t need to have one. It is a simple review process that is carried out by the Swedish Migration Agency. You will fill in the form and send it to the Swedish Migration Agency, along with documentation from your school. If the Swedish Migration Agency finds that there is anything that needs to be further investigated, we may arrange for a public counsel in exceptional cases.

  • Will you reject applications that lack any school documentation?

    No, we will not. We will contact the applicant and ask him/her to submit certificate(s) from the school. It is best to include everything that is needed when you send in the application form.

  • Can I withdraw my application for a residence permit for secondary school study and apply again?

    One of the requirements is that you may only apply for a residence permit for secondary school study once, which means that you may withdraw your application, but you may not apply again since you may only apply on one occasion.

  • If my application is refused according to the new law on secondary education, can I appeal? And will I then be entitled to an asylum seeker allowance (LMA) while I am waiting for a decision?

    Yes, you can appeal against your decision. You are entitled to an asylum seeker allowance (LMA) from your municipality as long as the decision to refuse your application is valid.

  • I want to apply for a residence permit for upper secondary school studies, and in the application, it says that I need to state what address I would like to be contacted at. What address should I provide?

    You should provide the address where you cab be reached. If you are living at one of the Swedish Migration Agency accommodation residences, then that is the address you should give. If you provide a so-called EBO address (EBO = own accommodation), this may cause you to be registered at the address you submit, which may in turn lead to you losing your current place of residence.

Questions and answers about housing and daily allowance
  • Where will I live while I am waiting for a decision on my residence permit?

    If you are still waiting for a decision on your asylum case then you are entitled to receive a daily allowance from the Swedish Migration Agency under the Act on Reception of Asylum Seekers (LMA) and you may live in the Migration Agency’s accommodation.

    If your deadline for voluntary departure has expired and your right to aid from the Swedish Migration Agency has ceased, then you may be entitled to a daily allowance from the municipality that you live in, provided that your decision on expulsion or deportation has been temporarily stopped (inhibited). You need to apply for this daily allowance from the social services office with your municipality.

    If your right to aid under the LMA has ceased, then you are no longer able to live in the Swedish Migration Agency’s accommodation. Submitting an application for a residence permit under the new law on upper secondary education does not mean that you are entitled to live in the Swedish Migration Agency’s accommodation. As the Migration Agency sees it, it is up to you as an applicant to arrange housing for yourself. If you are having difficulties supporting yourself, then it is ultimately the municipality where you live that is responsible for assessing whether you are entitled to any financial support.

  • Where will I live if I am granted a residence permit and who will pay for my housing while I study?

    You must arrange housing for yourself. You can apply for a study grant and a study allowance from the National Board of Student Finance, CSN.external link, opens in new window If you are having difficulties supporting yourself, then the municipality (social services) can assess whether or not you are entitled to any maintenance support.

  • I have applied for residence permit for upper secondary education, but I haven’t received a decision on my asylum case, am I entitled to daily allowance while I wait for my decision?

    Yes, as long as you are waiting for a decision on your asylum case, you are entitled to accommodation and daily allowance from the Swedish Migration Agency.

  • My application for residence permit for upper secondary education was rejected, and I have received a decision on expulsion. Am I entitled to daily allowance?

    The entitlement to daily allowance from the Swedish Migration Agency applies until expulsion decision becomes legally binding (it is no longer possible to appeal), and the time limit for voluntary departure, if any, is reached.

  • I have applied for residence permit for upper secondary education and received a decision on suspension. Am I entitled to compensation during the time I wait for a decision?

    A decision to suspend means that enforcement of your departure is postponed, meaning that you will not be expulsed during the time the Swedish Migration Agency examines your case regarding residence permit for upper secondary education. During this time, you are not entitled to accommodation, either with the Swedish Migration Agency or with the municipality. You also don’t have right to daily allowance from the Swedish Migration Agency, but you can get compensation from the municipality. You must notify the Swedish Migration Agency, which will provide an official note which you have to deliver to the municipality.

  • My application for asylum was rejected, and I have been informed that my request for residence permit for upper secondary education is handled as an attempt to impede enforcement. Am I entitled to daily allowance then?

    If your request is handled as an impediment to enforcement, that means that your expulsion can not be enforced before the Swedish Migration Agency has decided if a new examination shall take place. Though the expulsion is suspended, you will not be entitled to daily allowance or accommodation either by the Swedish Migration Agency nor the municipality.

    Only if the Swedish Migration Agency makes a decision on suspension or a new examination of your asylum case can you be entitled to daily allowance and accommodation by the Swedish Migration Agency or the municipality.

Questions and answers on persons with a decision on expulsion or deportation that can no longer be appealed
  • I have received a decision on expulsion or deportation that I am no longer able to appeal. Because I have not cooperated in returning to my country of origin, the Swedish Migration Agency has handed my case over to the police. I have been evading arrest. If I apply to stay under the new law on upper secondary education, will the police stop searching for me?

    This is a question for the police, not the Swedish Migration Agency. The Swedish Migration Agency only deals with cases of voluntary return; that is to say, cases where people voluntarily leave the country after receiving their decision.

Questions and answers concerning the appeal against the asylum decision
  • Can I withdraw my appeal to the court regarding my asylum decision and apply instead for a residence permit for secondary school study to the Swedish Migration Agency?

    You may withdraw an appeal at any time. If you have already applied for a residence permit in accordance with the new law on secondary education, this does not mean, however, that you may apply again, as you may only apply once.