Author
The duration of detention of adults is governed by Chapter 10, Section 4 of the Aliens Act. Generally, detention may not exceed 2 weeks, unless there are exceptional grounds for longer detention.[1] Persons who are issued with an expulsion or refusal of entry order may be detained for up to 2 months, with a possibility of extension if there are exceptional grounds[2] Even if there are such exceptional circumstances, they cannot be detained longer than 3 months or, if it is likely that the execution will take longer because of the lack of cooperation by the third country national or because it takes time to acquire the necessary documents, more than 12 months. The time limits of 3 and 12 months do not apply if the third country national is expelled by ordinary courts because of crimes.
In October 2019, the Migration Court of Appeal clarified that the 12-month time limit is the maximum time limit a third country national may be held in detention for the purpose of enforcement of a removal order. This applies also to the case where the removal failed, and the person is brought back to Sweden and subsequently detained. This cannot be considered as a new detention order, and it must thus not exceed 12 months in total.[3]
The 2-month time limit therefore does not apply to asylum seekers throughout the examination of their claim, unless a deportation order has already been issued against them. Asylum seekers are in principle detained for up to 2 weeks. Moreover, detention for the purposes of investigating the alien’s right to remain in Sweden under Ch. 10, Section 1(2)(1) cannot exceed 48 hours.[4]
The average period of detention was 49 days in 2025, the same as in 2024, and decreasing from 52 days in 2022. This refers to an average 51 days for men and 38 days for women in 2025 (compared to 50 and 40 days respectively in 2024).[5]
In their concluding observations on the eighth periodic report of Sweden the Committee against Torture (CAT) emphasised that detention of asylum seekers should only be used as a last resort and, where necessary, for as short a period as possible.[6]
The Commission of Inquiry reviewing the legislation on detention was instructed to propose changes making it possible to detain persons for longer periods of time. It suggests, inter alia, that persons with a removal order issued based on the Return Directive (2008/115) should be able to be detained for 18 months. Most of the changes proposed by the Inquiry will enter into force the 21 July 2026 according to the draft bill presented by the Government.[7]
[1] Chapter 10, Section 4(2) Aliens Act.
[2] Chapter 10, Section 4(2) Aliens Act.
[3] Migration Court of Appeal, MIG 2019:17, 22 October 2019, available in Swedish here.
[4] Chapter 10, Section 4(1) Aliens Act.
[5] The Swedish Migration Agency, information received via email in April 2026.
[6] CAT, ‘Concluding observations on the 8th periodic report of Sweden’, 2021, available here.
[7] The Swedish Government, Lagrådsremiss Skärpta regler om uppsikt och förvar, available in Swedish here.