Author
Up until 20 July 2016 the vast majority of residence permits granted to persons in need of international protection or with humanitarian grounds were all permanent. They could, in principle, only be withdrawn if a person spent a major part of their time in another country or if a person was charged with a serious crime that involved deportation. Occasionally temporary permits were granted, mainly for medical reasons or for temporary hindrances to expulsion.
A new system was introduced in July 2016[1] initially with the adoption of a temporary law.[2] The government expressed that the law was proposed in order to deter asylum seekers from coming to Sweden.[3] After a Cross-party Committee of Inquiry, on 22 June 2021 the Swedish Parliament voted in favour of introducing the proposed changes to the Aliens Act, which came into force on 20 July 2021. According to the changes introduced, temporary residence permits are the general rule for beneficiaries of international protection; while resettled refugees are granted permanent permits. Residence permits should remain limited to three years for refugees and 13 months for subsidiary protection status holders, in both cases extendable by two years subject to a new assessment. Beneficiaries of international protection can get permanent residence permits after having a temporary permit for at least three years, but need to demonstrate their ability to provide for themselves and, already as of the age of 15, so-called ‘good conduct’, i.e. can be expected to have an honest, non-criminal, lifestyle.[4] The condition to provide for oneself does not apply to children, persons who are eligible for retirement pensions, or if there are other particular reasons.
On 5 October 2023, The Swedish Government instructed an official inquiry of the Government to present an overview of the national legal framework on asylum and how it can be adjusted to the minimum EU-level. The official report shall examine the possibility to discard permanent residence permits for certain migrants, as well as the possibility to withdraw permanent residence permits.[5] On 22 November 2024, the Government added instructions and asked the inquiry to analyse if asylum applications can be dismissed in more situations than today and analyse possible adjustments to the new Pact on Migration and Asylum regarding legal aid and legal counselling. The report shall present its findings in March and October 2025.[6]
On 21 November 2023, the Swedish Government instructed an official report of the Government to present an overview of the legal possibilities to deny and withdraw residence permits due to “vandal” / dishonourable conduct or other reasons. The inquiry presented its findings in 1 April 2025. The inquiry proposes, among other things, that a fundamental requirement of good conduct be reintroduced into the Aliens Act for the assessment of whether an individual should be permitted to enter or reside in Sweden. It also proposes that an individual’s conduct may constitute grounds for refusing or revoking a residence permit not based on EU law. Examples cited include unwillingness to pay debts, abuse of the welfare system, or other forms of non-compliance with regulations. It may also concern close associations with criminal networks or violent extremist organisations. The amendments are proposed to enter into force on 1 July 2026. [7]
If a person is considered to be a refugee, they will receive a refugee status declaration. If they are considered to be a person in need of subsidiary protection, they will receive a subsidiary protection status declaration.
Convention refugees are granted a three-year temporary permit with the right to Family reunification. Beneficiaries of subsidiary protection are granted an initial period of 13 months temporary residence permit. A condition for family reunification is that the sponsor should have “well-founded” prospects of being granted a residence permit “for a longer time”. The residence permit can be extended another two years if protection grounds persist. The temporary residence permit gives holders the right to live and work in Sweden for the duration of the permit. During that period the person has the same right to medical care as a person with a permanent residence permit.
A temporary residence permit may be granted when the circumstances in the case are exceptionally distressing.[8] The circumstances regarding the applicant’s health condition, their private life in Sweden, and the situation in their country of origin should be taken into account when assessing this ground for a residence permit. The initial temporary permit is granted for thirteen months and could be prolonged for two years if the grounds persist.
571 first time applicants were granted permits for exceptionally distressing circumstances in 2024 .[9]
Temporary residence permits give the person the right to live and work in Sweden for thirteen months. During that time, they have the same right to medical care as a person with a permanent residence permit. The person’s family is eligible for residence permits to join the sponsor in Sweden only in exceptional cases.
In 2024 the Swedish Migration Agency granted residence permits in 3,459 first time asylum applications, in comparison to 4,197 in 2023 and o 3,742 in 2022[10]
The vast majority of beneficiaries of international protection applying for a renewal of their temporary residence permits have had it granted. In 2024, the Swedish Migration Agency received 56,363 applications and took decisions in 66,431 cases. However, this statistic includes 35,011 decisions to renew temporary protection permits. The acceptance rates in cases examined on the merits was 99%. Besides Ukrainians, who were granted temporary protection, the majority of decisions concerned Syrians (10,602 decisions, of which 10,117 were granted, or 99% of those tried on the merits), Afghans (5,119 decisions, of which 4,498 were granted, or 91% of those tried on the merits), Eritreans (3,427 decisions, of which 3,271 were granted, or 99% of those tried on the merits), Iraqi (1,737 decisions, of which 1,617 were granted, or 97% of those tried on the merits). The average processing time for applications to extend residence permits based on protection status was 137 days in 2024.[11]
[1] For further details see AIDA, Country Report Sweden, 2021 Update, May 2022, available here, 101.
[2] Lag om tillfälliga begränsningar av möjligheten att få uppehållstillstånd i Sverige, 2016:752, available here.
[3] Government of Sweden, Temporary restrictions regarding the possibility of being granted a residence permit in Sweden, 22 June 2016, available in Swedish here.
[4] SOU 2020:54, En långsiktigt hållbar migrationspolitik, available in Swedish here, page 25-28.
[5] Government, ’Anpassning av det svenska regelverket för beviljande av asyl och asylförfarandet till miniminivån enligt EU-rätten’, 5 October 2023, available in Swedish here.
[6] Government, Tilläggsdirektiv till Utredningen om anpassning av det svenska regelverket för beviljande av asyl och asylförfarandet till miniminivån enligt EU-rätten, avialable in Swedish here: Tilläggsdirektiv till Utredningen om anpassning av det svenska regelverket för beviljande av asyl och asylförfarandet till miniminivån enligt EU-rätten (Ju 2023:18) – Regeringen.se.
[7] Government, ’Skärpta krav på hederligt levnadssätt och ökade möjligheter till återkallelse av uppehållstillstånd’, 1 April 2025, available in Swedish here.
[8]Aliens Act Chapter 5, Section 6.
[9] Swedish Migration Agency, Monthly statistical report December 2024.
[10] Swedish Migration Agency Monthly statistical report, December 2024.
[11] SMA Monthly report 2023.