New law on upper secondary education
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 receive 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. The last day to apply for residence permit for upper secondary school studies under the new law was 30 September 2018.
Statistics on applications and decisions
Between 1 July and 30 September 2018, it was possible to apply for a residence permit according to the new law on upper secondary education. The Swedish Migration Agency is now processing all received applications. The statistics show decisions made by the Swedish Migration Agency and the courts. The statistics are updated weekly.
Total numer of applications received: 11 643
Granted: 1 888
Rejected: 1 639
The statistics were last updated 2018-11-13
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.
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- 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.
Waiting for a decision on a residence permit according to the new law on secondary education
To enable the Swedish Migration Agency to make a decision in your case, all information must be given and all necessary documentation must be attached to your application. This means the handling time will be shorter if you include everything that is required from the start, rather than having to provide additional information at a later stage.
Please note that the Swedish Migration Agency may in some cases need to investigate your application further, even if all information is given and all documentation has been attached.
If the Swedish Migration Agency needs more information from you
The Swedish Migration Agency will contact you if we need further information or documentation from you. You do not need to contact the Swedish Migration Agency.
Accommodation and financial support while you are waiting for a decision
The picture explains about accommodation and financial support if you are waiting for a decision on your residence permit. Click on the picture to enlarge it. The picture can also be downloaded as a PDF.
After the decision has been made
If you are granted a residence permit for upper secondary school studies, it is valid for thirteen months. You have the same entitlement to care as a person with a permanent residence permit.
You will need to visit the Swedish Migration Agency to leave your fingerprints and be photographed as proof of your residence permit, so that a residence permit card can be produced for you. When you receive your decision on the residence permit, you will also be given information about how to contact the Swedish Migration Agency in order to have your photograph taken and leave your fingerprints.
The card is not an identity document or a travel document. You may travel in and out of the country, but you must have a valid passport to leave Sweden, and your residence permit card to return.
When you have received a temporary residence permit, you should register in the Swedish Population Register through the Swedish Tax Agency as soon as possible. Registration in the Population Register is required in order for you to be able to take advantage of the Swedish social insurance system. Once you are registered, you can also obtain a Swedish identity document, which is required for opening a bank account, for example.
To register in the population register, you should contact the Swedish Tax Agency.
If your application for a residence permit is refused
If the Swedish Migration Agency refuses your application for a residence permit for upper secondary education (with application period from 1 July to 30 September 2018), this means that you are not entitled to a residence permit in Sweden. You can choose to accept or appeal the decision.
If you have a decision on expulsion that has entered legal force, you have to leave the country even if you choose to appeal.
If you have a decision on expulsion that has not yet entered legal force, you may stay in Sweden while your appeal is being examined.
Your entitlement to accommodation and financial support if you are granted a residence permit
Your case with the Swedish Migration Agency will be closed one month after you have received a residence permit if you live in your own accommodation. You will then no longer receive your daily allowance and your bank card will stop working. If you need any money that is on the card, it is important you withdraw it before the Swedish Migration Agency closes your case. Your asylum case is then concluded. The municipality in which you live will then have full responsibility for you.
If you are studying at secondary school level, you are entitled to study assistance.
However, if you are living in accommodation provided by the Swedish Migration Agency when you receive your decision on a residence permit, you have the right to continue living in the accommodation. You will also receive a daily allowance from the Swedish Migration Agency, and your entitlement to other benefits will be more limited than if you move into your own accommodation. Read more under questions and answers on accommodation and financial assistance.
The picture explains about accommodation and financial support if you are granted a residence permit for secondary school studies. Click on the picture to enlarge it. The picture can also be downloaded as a PDF.
After your studies
After your upper secondary school studies have been completed, you can apply for an extension of your residence permit. If you have completed your studies, you may apply for a six-month residence permit, which gives you time to find work in Sweden. When you have found a job, you can apply for a permanent residence permit if you can demonstrate that you are able to support yourself through income from employment or self-employment.
If you are unable to complete your studies in the time for which you received a residence permit, you can, under certain conditions, obtain an extended residence permit for the completion of your studies. If you are studying in a national programme, you must demonstrate that you have been actively participating in your studies.