13 July 2021

How you are affected if you are a family member of an employee or a self-employed person who is granted a perma­nent resi­dence permit

Changes to the Aliens Act come into force on 20 July. If you are a family member of an employee or a self-employed person, you will be affected by these changes when you or your family member has to apply for a permanent residence permit.

It is likely that for most of your entire permit period, you will have been a co-applicant of your family member. This means that you will have had to apply for an extended residence permit at the same time as he or she did, and in most cases you will have received a permit for the same length of time. Now, when it is time for you to apply for a permanent residence permit, the requirements for both of you will change.

You will not be granted a permanent residence permit because your family member is granted one, nor can you be granted a permanent residence permit before your family member. You can, however, apply for a permanent residence permit at the same time as he or she does, if you meet the requirements to be granted one.

If you are a family member of a person who has a residence permit as a self-employed person, you cannot be granted a permanent residence permit at the same time. Your family member can be granted a permanent residence permit after two years in Sweden, while you can be granted one at the earliest after three years.

You must also meet the requi­re­ments

In order to be granted a permanent residence permit, you, just like your family member, must also meet the requirements for a permanent residence permit. This means that you

  • must have held a residence permit for at least three years
  • must be able to support yourself financially (if you are aged 18 years or over)
  • are expected to live an orderly life (if you are aged 15 or over).

Main­te­nance requi­re­ment for both you and your family member

If your family member receives a permanent residence permit, he or she is subject to a maintenance requirement in order that you may be granted a continued residence permit in Sweden. This means that your family member must show that his or her income is sufficient to support the whole family, and that he or she has a home of sufficient size and standard for you to live in. If you have applied for a permanent residence permit, the application is examined only after these requirements have been met.

The maintenance requirement for a person with a permanent residence permit in Sweden differs from the maintenance requirement for a self-employed person who has a family who is applying together with him or her.

In addition to the maintenance requirement that applies to your family member, you are also subject to your own maintenance requirement, as you must be able to show that you can provide for yourself in order to be granted a permanent residence permit.

This is how it works

This is how the examination of your application for a permanent residence permit works.

You and your family member apply to extend your residence permit in Sweden. As it is your family member who has a permit as an employee or self-employed person, and you are applying as a family member to him or her, the Swedish Migration Agency first examines your family member’s application for an extended permit and permanent residence permit.

If your family member is granted a permanent residence permit, the Swedish Migration Agency will then examine your application. You are now instead examined as a close relative of someone with a permanent residence permit. This means that your family member must be able to support you.

If both you and your family member meet the requirements for you to be granted a temporary residence permit, your application for a permanent residence permit will then be examined. In order to be granted a permanent residence permit, you must meet all the requirements, which means, among other things, that you must be able to support yourself financially.

If your appli­ca­tion for a perma­nent resi­dence permit is refused

If you do not meet the requirements for a permanent residence permit, you may still be able to receive an extended residence permit as a close relative of your family member. You can then apply for a permanent residence permit the next time it is time to apply for an extended permit.