7 December 2018

New judicial position on personal assistance

The Swedish Migration Agency has adopted a new judicial position which concerns personal assistance. As of today, persons applying for a work permit as a personal assistant will need to submit a copy of the decision issued by the Swedish Social Insurance Agency (Försäkringskassan) regarding assistance benefits.

The judicial position describes who is the employer and what forms of employment apply, and it also confirms that a personal assistance position is financed through an assistance benefit. It is the Swedish Social Insurance Agency which is responsible for making decisions regarding assistance benefits.

As of today, the Swedish Migration Agency will require persons applying for a work permit as a personal assistant to submit a copy of the decision issued by the Swedish Social Insurance Agency (Försäkringskassan). This decision allows the employee to demonstrate that they have somebody they will be working with and that this person is entitled to an assistance benefit. If the decision is not submitted, then the Migration Agency may reject the application for a work permit.

Decisions regarding assistance benefits are confidential and the Swedish Migration Agency cannot therefore collect decisions from the Social Security Agency itself.

The Swedish Migration Agency will soon update its online application so that it will be possible to submit a copy of the Social Security Agency’s decision online. Until the online application form is updated, decisions can be uploaded as additional annexes. Persons who have already submitted an application for a work permit as a personal assistant will be asked to supplement their application by providing a copy of their decision to the Swedish Migration Agency.

Read more in the judicial position itself (only in Swedish)external link, opens in new window