Strengthened requirements for good conduct and honesty
From 13 July, stricter requirements on good conduct (vandel) apply to residence permits. The new rules give the Swedish Migration Agency increased powers to refuse applications or revoke residence permits due to a lack of good conduct.
When the Swedish Migration Agency receives an application for a residence permit, a check is always carried out to determine whether the applicant has committed any offences in Sweden. The amendments to the Aliens Act mean that the Swedish Migration Agency will also assess whether the applicant fails to comply with rules and requirements relating to good conduct and law-abiding behaviour.
– A lack of good conduct refers to actions that are not necessarily criminal offences, but which are nevertheless considered to contravene rules that society seeks to uphold. The Swedish Migration Agency now has the possibility to refuse or revoke residence permits on the grounds of a lack of good conduct, says Oskar Ekblad, head of mission for the Swedish Migration Agency’s initiative to detect and counter misuse.
How the Swedish Migration Agency assesses good conduct
When the Swedish Migration Agency receives an application for a residence permit, an overall assessment is made of whether the applicant fails to comply with rules and requirements relating to law-abiding behaviour and good conduct. This may, for example, involve the Agency obtaining information from other authorities regarding payment orders and information provided by the individual as a basis for social assistance, social insurance and benefits.
Isolated incidents of minor misconduct will normally not be grounds for refusal of a residence permit. However, repeated behaviour may be relevant to the assessment.
A decision not to grant an application, or to revoke a residence permit on the grounds of lack of good conduct, must always be properly justified and comply with administrative law principles of legality, objectivity and impartiality. When the Swedish Migration Agency assesses good conduct, any misconduct is weighed proportionately against the individual’s grounds for a residence permit. This means an overall assessment balancing the individual’s right to a residence permit against society’s interest in law-abiding residents.
Individual assessment
The assessment of good conduct is individual and depends on the circumstances of each case and the legal basis for the residence permit. Residence permits not based on EU law are generally covered by the strengthened requirements on good conduct. However, the strengthened requirements do not apply when assessing residence permits for applicants seeking international protection. EU law consists of a number of directives that may provide grounds for residence permits for work, study or family reunification, depending on the circumstances of the individual case. Residence permits based on EU law are not covered by the strengthened requirements on good conduct.