Author
National forms of protection
Swedish national legislation provides forms of protection for individuals who do not qualify for international protection but still face significant risks or have strong humanitarian ties to Sweden. These mechanisms, governed by the Alien Act ensure that Sweden upholds its commitment to human rights and international obligations.
During the asylum process, if a residence permit cannot be granted on other grounds based on protective reasons, a resident permit may be issued to a foreign national if, based on an overall assessment of the foreign national’s situation, there are particularly compelling reasons why he or she should be allowed to stay in Sweden.[1] In the assessment, special consideration shall be given to the foreign national’s health condition, integration into Sweden, and situation in their home country.
Children may be granted a residence permit even if the circumstances presented do not carry the same level of seriousness and weight as required for granting a permit to adults.[2]
A residence permit granted under this section is temporary and valid for thirteen months. Each new temporary residence permit granted thereafter is valid for two years. And an application for a permanent residence permit may, upon the expiration of the validity period of a residence permit, be granted if the foreign national has held a temporary residence permit for at least three years and the conditions are met.[3]
There is also a possibility to be granted a temporary residence permit if there is an obstacle, which is not permanent, to the enforcement of a removal or expulsion decision.[4] Two common grounds for granting a residence permit in accordance with Chapter 5, Section 11 of the Aliens Act are, first, that the individual has been excluded from the right to asylum, yet there is an impediment to enforcing the deportation order due to the risk of persecution upon return. Alternatively, it has been established that there is a practical obstacle preventing the individual from returning to their country of origin, although the circumstances could change in the foreseeable future.
The Aliens Act also contains Chapter 12, which addresses situations where an individual has already received a deportation order but afterwards may have grounds to be granted a residence permit. In such cases, a residence permit may be granted either under the provisions of Chapter 12 or by allowing the individual a new examination, which could subsequently result in being granted a protection status. The Swedish Migration Agency can always examine protection grounds ex officio, and therefore it is not always required that the individual invokes protection grounds themselves.
In accordance with Section 1 the enforcement of a removal or expulsion order against a foreign national may never take place if there are reasonable grounds to believe that the individual would be at risk of being sentenced to death, subjected to corporal punishment, torture, or other inhuman or degrading treatment or punishment. Additionally, removal cannot be enforced if the person is not protected from being transferred to another country where they would face such risks.[5]
Based on Section 2, a foreign national may also not be removed to a country where they are at risk of persecution or where they are not protected from being transferred to another country where they would face such a risk. However, an individual may be sent to such a country if it is not possible to enforce the expulsion or deportation to any other country and the individual has shown through a particularly serious crime that allowing the person to remain in Sweden would be associated with a serious danger to public order and security. This does not apply, however, if the persecution that threatens in the other country involves a danger to the individual’s life or is otherwise of a particularly serious nature. Similarly, an individual may be sent to such a country if the person has conducted activities that have posed a danger to the security of the Swedish realm and there is reason to assume that the individual would continue the activities in this country, and it is not possible to send the individual to any other country.[6]
As stated in Section, 3 in cases of armed conflict, the removal or expulsion of a foreign national may not be enforced to their home country or to a country where they risk being transferred to their home country if there are exceptional reasons against such enforcement.[7]
The Swedish Migration Agency is required to consider all potential grounds for protection, including national forms, during the asylum process and in appeals. Even after a final rejection, individuals can submit new evidence or circumstances (e.g., changes in their home country or personal situation) to request a reassessment of their expulsion decision.
In accordance with Section 18, the Swedish Migration Agency may grant a residence permit if, in the enforcement of a final decision on refusal of entry or expulsion, new circumstances arise that mean that:
- There is an impediment to enforcement under Sections 1, 2, or 3,
- There is reason to believe that the intended receiving country will not be willing to accept the foreign national, or
- There are medical obstacles or other special reasons why the decision should not be enforced.
The Swedish Migration Agency may also decide on a suspension of enforcement (inhibition) while trying the case.
Children may be granted a residence permit under point 3 above even if the circumstances that have arisen are not as serious or compelling as those required for an adult to be granted a permit. When assessing under point 3 whether there is another special reason why a decision should not be enforced, particular consideration must be given to the consequences for a child of being separated from a parent, provided that it is clear that a residence permit due to strong ties would have been granted if the assessment had been made before the entry into Sweden.
People with a residence permit in Sweden have access to accommodation, work, and social services in Sweden, but people with a refugee status enjoy a broader and more secure set of rights, including stronger family reunification rights and an earlier possibility of permanent residency. Those with other statues may face more temporary or conditional protection, and their family reunification rights are more limited. To be granted a residence permit based on family ties to a person in Sweden, that person must be able to support themselves, other members of the household, and the family members applying for a residence permit. They must also have a home of sufficient size and standard for everyone to live in. However, if the person has a residence permit with refugee status, and the family applies for family reunification within three months from when the refugee was granted the permit in Sweden, and it is not possible to reunite in a country outside the EU the maintenance and housing requirements do not apply.
People who are granted a residence permit based on temporary impediments to the enforcement of a deportation order are generally issued a permit valid for only twelve months. As a result, they are not entitled to register in the Swedish population register and therefore face restrictions in access to certain social and economic rights.
In order to ensure that Sweden does not deport individuals in violation of human rights, specific rules exist to address obstacles to enforcement — that is, circumstances that prevent the implementation of a final decision on refusal of entry or expulsion. Such obstacles arise when new circumstances come to light after the decision has been finalized, making deportation either impossible or impermissible. Examples include changes in the political conditions of the home country, a deterioration in the individual’s health that renders travel unfeasible, or significant changes in family circumstances.[8]
However, invoking these obstacles is challenging. The requirements are high, and the technical nature of the information often makes it difficult for applicants to understand what is needed. The burden of proof rests on the applicant, and without legal assistance, meeting these demands can be particularly arduous. Consequently, the high thresholds for granting a stay of execution often result in deportation decisions remaining in force.
If a residence permit decision cannot be granted pursuant to Section 18, the Swedish Migration Agency shall refer the matter for a new examination if the foreign national, in an enforcement case of a final decision on refusal of entry or expulsion, invokes new circumstances that (1) can be presumed to constitute a lasting impediment to enforcement as referred to in paragraph 1, 2, or 3, and (2) have not been previously invoked by the foreign national — or if the foreign national provides a valid reason for not having invoked such circumstances earlier.[9]
If these conditions are not met, the Swedish Migration Agency shall decide not to grant a new examination.
The provisions of the first paragraph shall not apply if the foreign national applies for a residence permit as a refugee under Chapter 4, Section 1 or as an alternative beneficiary of international protection under Chapter 4, Section 2, and such an application has not previously been examined by a final decision during the foreign national’s stay in Sweden. In that case, the Swedish Migration Agency shall examine the application and decide on a suspension of enforcement (inhibition) in the enforcement case.
Return procedure
In Sweden, the asylum procedure and the return procedure are closely linked. If an asylum application is rejected, the Swedish Migration Agency typically issues a return decision at the same time. This joint issuance ensures that rejected applicants are informed of their obligation to leave Sweden, either voluntarily or under enforcement. Applicants have the right to appeal both the asylum rejection and the return decision together to the Migration Courts. The appeal must be submitted within three weeks of the decision. The return decision is automatically suspended during the appeal process, meaning deportation cannot be enforced while the case is under review.
In 2024, the Swedish Migration Agency received 7,128 appealed decisions in asylum cases. An appeal is initially sent to the Swedish Migration Agency, which reconsiders the decision. If the agency upholds its rejection decision, the appeal is then forwarded to one of the Migration Courts. Of the 7,128 cases, one was changed directly by the Migration Agency, and the remaining cases were sent to the Migration Court.[10]
In 2024, there were 517 decisions made under Chapter 12, Section 18 of the Aliens Act regarding impediments to enforcement. Of these, 491 were granted due to other special reasons, 6 because the receiving country refused entry, 6 involved recognition as Convention refugees, 9 were granted on subsidiary protection grounds, 2 concerned other protection needs, 1 was based on humanitarian or medical grounds, and 2 fell under unspecified reasons.
[1] Chapter 5, Section 6 Alien Act.
[2] Chapter 5, Section 6 Alien Act.
[3] See Chapter 5 Alien Act.
[4] Chapter 5, Section 11 Alien Act.
[5] Chapter 12, Section 1 Alien Act.
[6] Chapter 12, Section 2 Alien Act.
[7] Chapter 12, Section 3 Alien Act.
[8] Chapter 12, Section 18 Alien Act.
[9] Chapter 12, Section 19 Alien Act.
[10] The Swedish Migration Agency’s monthly report December 2024.