The possibility of changing tracks ends

The Swedish Parliament has decided to end the possibility of changing tracks on 1 April. This affects those who have been granted, or applied for, a work permit through a so-called track change after their asylum application has been rejected. Their co-applicant family members are also affected.

What is meant by change of track?

The main rule for obtaining a residence and work permit is that you have applied for and received your permit before coming to Sweden. However, people who have had their asylum application rejected have been able to apply for a residence permit on the basis of work without leaving Sweden, and thus ‘change track’ from asylum to work permit.

Who is affected?

The ending of the possibility to change tracks affects both those who have recently had their asylum application rejected and applied for a residence permit on the basis of work for the first time, and those who are applying for an extended permit.

If you have been granted a residence permit on the basis of work through a track change, you may continue to work in Sweden as long as your permit is valid, but from 1 April you will not be able to get an extended residence permit on the basis of work. Unless you have other reasons for staying in Sweden, you must leave the country when your permit expires.

Your family members who have a residence permit as your co-applicants are also affected. If you cannot obtain a residence permit on the basis of work, your family members cannot obtain a residence permit as your co-applicants.

If you have a refusal of entry or expulsion decision that is still valid

If you have previously received a refusal of entry or expulsion decision that is still valid, and you received a work permit through a so-called track change, the Swedish Migration Agency may in certain cases consider whether there are impediments to the implementation of the decision. However, it is only in exceptional cases that such an examination can lead to a residence permit and it is required, among other things, that new circumstances have emerged that have not previously been examined.

If you have a refusal of entry or expulsion decision that is no longer valid

If you have previously received a refusal of entry or expulsion decision, and that decision is no longer valid, the Swedish Migration Agency can consider whether you can obtain a residence permit on some other ground without having to leave Sweden.

If you have applied for a permanent residence permit, you can be granted one provided that you meet the reguirements for it.

No transitional rules

The Parliament’s decision to end the possibility of changing tracks has no transitional rules. The Swedish Migration Agency will make decisions according to the new regulations from 1 April, regardless of when you applied for a residence permit on the basis of work.

Most people who have been granted a residence permit on the basis of work through so-called track change will have to leave Sweden when their current permit expires.

There are no exceptions to the Parliament's decision to end the possibility of changing tracks. If you have applied for an extended residence permit on the basis of work, the Swedish Migration Agency will make an individual assessment of whether you have other reasons for obtaining a residence permit in Sweden, or whether there are reasons for not carrying out your deportation (so-called impediments to enforcement).

If the Migration Agency concludes that you cannot get a new residence permit and there is no reason to stop your deportation, you will be informed about how soon you have to leave Sweden, and whether you can get help from the Migration Agency to plan your journey.

If you have an employment contract, you can apply for a new residence permit on the basis of work from your home country, or from another country where you have the right to stay.

If you have applied for an extended residence permit before your previous permit expired, you generally have the right to continue working during the processing time. If you have previously received a refusal of entry or expulsion decision and that decision is still valid on 1 April, you have the right to work until the Swedish Migration Agency has made a decision.

If you have previously received a refusal of entry or expulsion decision and that decision is no longer valid, but your application for an extended residence permit is denied and you receive a new expulsion decision, you have the right to work until the new decision has come into effect (has acquired legal force).

The Swedish Migration Agency is responsible for considering applications from people who want to live in Sweden, seek protection or become Swedish citizens. Our work is based on Swedish laws and international conventions, with a focus on legal certainty and effective reception and return.