If you are in Sweden and your application for a residence permit is refused
If the Swedish Migration Agency refuses your application for a residence permit, this means that you are not entitled to a residence permit in Sweden, and that you must leave the country. You can choose to accept or appeal the decision. If you appeal it, you may stay in Sweden while your case is being reviewed in court. Even if you choose to appeal, you should make a plan for returning to your country of origin, or the country you have a right to stay in.
If you accept the decision, you can sign a so-called declaration of acceptance. Once you have signed, you can no longer lodge an appeal, and you should plan your journey home.
Planning your journey home
You are responsible for planning your journey, arranging a passport and other things that are needed in order for you to return to your country of origin, or another country where you have the right to reside. If you have any questions about your journey home, or have not received a proof of departure sent to your home address, you can contact your nearest Reception Unit.
The Swedish Migration Agency sends the decision
When the Swedish Migration Agency informs you of the decision, the Agency can make use of simplified service. This occurs as follows:
The Swedish Migration Agency sends the decision via a normal letter, to the address you have stated that you can be reached at. If you are registered as living in Sweden in the Swedish Population Register, the Swedish Migration Agency will send the decision to your registered address. At least one day later, the Swedish Migration Agency will send you a confirmation message, indicating that the decision has been sent. This is done to ensure that you have received the first letter. You will thus receive two letters from the Swedish Migration Agency, most often with an interval of one day. You do not need to inform the Swedish Migration Agency that you have received the letter.
You will be viewed as having been informed of the decision once two weeks have passed from the time the decision was sent to you. Afterwards, you have three weeks to appeal the decision. If you have not received the decision, but only the confirmation message, you should contact the Swedish Migration Agency as soon as possible.
Remember to check your post regularly and ensure that your name is indicated on the doors or the mailbox. If you lodge an appeal, the Administrative Court can also choose to serve you with the decision via simplified service.
In certain cases, you will be informed of the decision by word of mouth: the Swedish Migration Agency will send you a summons via a letter, which will contain a time when you should come to our location to be informed of your decision.
Appealing a decision regarding a residence permit
If you do not lodge an appeal, your decision will take effect three weeks after you have been notified of the decision. You can also demonstrate that you accept the decision by signing a so-called declaration of acceptance. Once you have signed, you can no longer lodge an appeal, and you should prepare to depart from Sweden.
If you do not accept the decision, you have the right to lodge an appeal. You should send your appeal to the Swedish Migration Agency. First, the Swedish Migration Agency will review your appeal to determine whether the decision should be changed. If the Swedish Migration Agency does not find any reason to alter the decision, it will be forwarded to the Migration Court. The Court can either change the decision, or side with the Swedish Migration Agency. Your appeal must be received by the Agency before the decision takes effect – i.e., three weeks from the day you received notification of the decision. If you have received a deportation decision, you may remain in Sweden while you wait for your appeal to be reviewed. If, instead, you have received an expulsion decision that is to be implemented immediately, you must leave Sweden whether or not you have lodged an appeal.
If you do not comply with a decision
When the decision has taken effect and can no longer be appealed (the decision has legally entered into force), you must leave Sweden. In your rejection decision, it is indicated how much time you have to leave Sweden.
If you do not leave by the deadline that is written in the decision, the Swedish Migration Agency will make a decision to issue a re-entry ban. You can also receive a supervision- or detention decision. Supervision means that you must report to the Swedish Migration Agency or the Police over certain time periods. If you receive a detention decision, you must stay at a residence that is under lock and key while awaiting your departure.
If the Swedish Migration Agency determines that you will not leave Sweden voluntarily, and force will be necessary in order to implement the deportation decision, responsibility for enforcement will be passed to the Police.
It is always your responsibility to demonstrate to the Swedish Migration Agency that you have left Sweden. If your departure journey cannot be confirmed, the Swedish Migration Agency may make a decision to issue a re-entry ban for the Schengen Area when your expulsion or deportation has legally entered into force. Your case may also be forwarded to the Border Police.
In order for the Swedish Migration Agency to be informed that you have left Sweden, you should submit a proof of departure to passport control when you depart. The proof of departure will be sent to you in a letter, or you can request one from your nearest Reception Unit. Please note that you may not purchase a trip that involves a stopover in another Schengen country, and that the proof of departure can only be submitted at Swedish airports.
You can also demonstrate that you have left the country by submitting a passport copy containing the first page of your passport with your personal data, and the page with the exit stamp (marked with a reference number), to the Swedish Migration Agency. A flight ticket or boarding pass alone cannot be used to confirm departure. This applies regardless of whether your expulsion- or deportation decision has taken effect or not.
If you do not leave the country within the time period indicated in the decision, you may be issued a re-entry ban, meaning that you cannot return to any of the Schengen countries for a certain period of time. You may also be issued a re-entry ban if the Swedish Migration Agency believes that you will not return voluntarily.
If you receive an expulsion decision that is to be immediately implemented, you will always be issued a re-entry ban.
When you have left Sweden, you can, if desired, apply for a residence permit again. If there is reason to grant you a residence permit, the deportation decision and re-entry ban decision can be rescinded.