Author
In Sweden, all asylum applicants have access to the benefits of the reception system, allowing them to access housing and a daily allowance. An exception applies to certain applicants since 2016 (e.g., persons subject to a deportation order etc.), as is explained further below. If they have resources, applicants are required to use these first, as the provision of reception conditions is conditional upon a lack of sufficient resources. Even if the financial allowance is restricted, a person will still have a right to accommodation.
Upon the lodging of the asylum application, the Swedish Migration Agency reception officer enquires about the applicant’s financial situation.[1] An asylum seeker who wants to receive a daily allowance must apply for it in writing. The application must contain an explanation that the information provided in the application is correct.[2] Anyone who has been granted a daily allowance is obliged to report changed income and other conditions that may affect the right to or the amount of the aid.
A daily allowance should only be paid to a foreigner who does not have sufficient funds. An individual assessment must be made. If applicants have or obtain cash, bank deposits, or other assets that are easily converted into cash and cash equivalents, they must primarily use these for their livelihood. The applicants’ ability to use any assets that exist in another country for their daily life should also be considered. Such an individual needs test is a prerequisite for the application of the provisions on reduction of the daily allowance.[3] The Supreme Administrative Court has ruled that the Swedish Migration Agency may revoke a decision to grant a daily allowance or reduce the allowance if it is later proven that the applicant has personal financial resources.[4]
Following an amendment to the Reception of Asylum Seekers Act (LMA) introduced in 2016, some applicants no longer have the right to reception conditions when they have received a decision on deportation which can no longer be appealed, or whose period for voluntary return has ended (they are then no longer formally considered to be asylum applicants). This is the case for adult applicants without children who then lose their right to reception conditions (i.e. the right to a daily allowance and accommodation provided by the Swedish Migration Agency). Adult applicants always have the right to emergency health care (health care that cannot be deferred, maternal healthcare, healthcare related to abortion and health care in relation to contraception).[5] If they refuse to leave their accommodation at that point, they may be forcibly removed and be subjected to criminal sanctions.[6]
If a family is in a similar situation the adult is entitled to a reduced allowance, whereas the children are still allowed standard allowance. The family will also keep their right to accommodation. The restrictive changes introduced in 2016 have left many persons destitute and homeless or reliant on support from individuals or civil society organisations. These restrictive changes have led to criticism from civil society, as organisations such as the Red Cross have pointed out that the reform has led more people to turn to civil society organisations to ask for assistance with accommodation, food and health care.[7] A public inquiry looking into the reception of asylum seekers evaluated the mentioned changes from 2016 and found that it didn’t meet the set goals. The inquiry concluded that the amendment did not serve as an incentive for return but rather had the opposite effect to what was intended. The statistical estimates presented by the inquiry indicated that the incentives for asylum seekers who had received a return decision to leave the country voluntarily had, in fact, decreased following the legislative amendment, compared to the likelihood prior to the amendment.[8] The changes from 2016 are therefore suggested to be reversed from August 2026, making adult applicants without children eligible for a daily allowance even if, for example, they have overstayed the period for voluntary departure.[9]
In cases where it is considered “obviously unreasonable” to cease the right to reception conditions, the right to such conditions will not cease and particularly vulnerable persons can therefore be exempted.[10]
If an applicant does not cooperate with regards to a transfer according to the Dublin Regulation, a decision is usually made to reduce the daily allowance to the asylum seeker because of their unwillingness to cooperate.[11]
Families who have left Sweden for another EU country and are returned according to the Dublin Regulation have no right to re-access accommodation or other forms of reception conditions from the Swedish Migration Agency.
The restricted access to reception conditions apply until a person is again considered to fall within the scope of the LMA. This can happen after a subsequent application is handed in but only if a person is granted a re-examination or receives a stay of enforcement decision. An expulsion order is valid for four years. After four years it is possible to apply for asylum again. At this point the applicant will once again fall within the scope of the LMA and will hence have access to reception conditions without restrictions.
Another situation where a person in need of protection may be excluded from the benefits of the reception system is where the applicant already has a residence permit in Sweden but wants to be granted protection status. The Supreme Administrative Court has found that in such situations the persons do not fall within the scope of LMA and thus cannot claim assistance for accommodation and allowances for asylum applicants.[12]
In 2020, new rules were implemented for asylum-seekers who choose to settle in so-called socio-economically challenged areas. These persons are no longer entitled to a daily allowance.[13] The aim with this measure was to combat segregation and encourage more asylum-seekers to settle in areas with better prospects. Municipalities can report if certain areas or the whole municipality is “socio-economically” challenged. The Government decides which areas may be considered as “socio-economically challenged”.[14] The legislation covers 32 municipalities.[15]
Reports from the Swedish Migration Agency indicate that this legislative change did not result in a change of practice yet, as asylum seekers continue to settle in “socio-economically challenged areas”.[16] In 2024, 4,367 asylum seekers settled in such areas.[17] In 2023, 1,556 asylum seekers were denied daily allowance based on them living in a “socio-economically challenged area”.[18] In 2024 the number fell to 1,051.[19]
In November 2024, the Government asked the Parliament to vote on a bill which constitutes the first step towards a system where asylum seekers will be obliged to live in centres run by the Swedish Migration Agency. According to the proposal, asylum seekers will only get their daily allowance if they live in the centre to which they were assigned, and their asylum application can be seen as withdrawn if they don’t register their address and remain in contact with the Swedish Migration Agency.[20] Through the proposal the Swedish Migration Agency gets increased possibilities to control whether an asylum seeker is actually living in the designated centre or not and is therefore eligible for a daily allowance. Asylum seekers are also obliged to participate in classes regarding Swedish society. The changes entered into force 1 March 2025.
In October 2024, a report from an inquiry was circulated for comments. The inquiry had, among other issues, investigated measures to ensure that asylum seekers will live, in practice, only in centres run by the Swedish Migration Agency.[21] The report proposes a new law on the reception of asylum seekers, incorporating part of the new recast Reception Conditions Directive (2024/1346).[22] The main changes are restrictions of the right to movement of asylum seekers and person with deportation orders. They will be obliged to stay in the centre in which they’re assigned a place to get daily allowance. Asylum seekers will also need to attend controls that will ensure their presence at the centre and to stay in the area where the centre is located, with some exceptions. The daily allowance will be slightly increased as the report finds an increase necessary to align Swedish law with the EU acquis. The legislation is suggested to enter into force in October 2026.
[1] Section 17, Law on Reception of Asylum Seekers and Others, 1994:137.
[2] Section 8 förordningen (1994:361) om mottagande av asylsökande m.fl.
[3] Section 15, Law on Reception of Asylum Seekers and Others, 1994:137.
[4] The Supreme Administrative Court of Sweden [Högsta förvaltningsdomstolen] Case no HFD 2023 ref 3. English summary of the case available here.
[5] Section 7, Law (2013: 407) on health care for certain foreigners staying in Sweden without the necessary permits (Lag (2013:407) om hälso- och sjukvård till vissa utlänningar som vistas i Sverige utan nödvändiga tillstånd) .
[6] Sections 11-12a, Law on Reception of Asylum Seekers and Others, 1994:137.
[7] Sections 11-12a, Law on Reception of Asylum Seekers and Others, 1994:137; Swedish Red Cross, Consequences of the amendment to Sweden’s Reception of Asylum Seekers Act, 2016, available in Swedish here; VSIU, Report about Legal Uncertainties in the Asylum Process For Unaccompanied Minors in Sweden, 26 February 2018, available here; Rapport om rättsosäkerhet i asylprocessen för ensamkommande barn och unga, September 2017, available in Swedish here.
[8] Mottagandelagen. En ny lag för ordnat asylmottagande och effektivt återvändande (SOU 2024:68) chapter 6, available in Swedish here.
[9] Mottagandelagen. En ny lag för ordnat asylmottagande och effektivt återvändande (SOU 2024:68) chapter 6, available in Swedish here.
[10] Sections 11, Law on Reception of Asylum Seekers and Others, 1994:137.
[11] The Reception Act (1994:137) Section 10.
[12] HFD 2022 ref. 40, 13 October 2022, available in Swedish here.
[13] Section 10a, Law on Reception of Asylum Seekers and Others, 1994:137.
[14] See section 10 a, Law on Reception of Asylum Seekers and Others, 1994:137.
[15] Förordning (2018:151) om statsbidrag till kommuner med socioekonomiskt eftersatta områden Svensk författningssamling 2018:2018:151 t.o.m. SFS 2020:1266 – Riksdagen, available in Swedish here. To check whether an area is considered ”socio-economically challenged” it is possible to use this site, here.
[16] SVT, Migrationsverket ser ingen tydlig effekt av nya ebo-lagen, available in Swedish here.
[17] Information received on 11 of January 2023 from the Statistics Unit at the Swedish Migration Agency via e-mail.
[18] Information received on 5 February 2024 from the Statistics Unit at the Swedish Migration Agency via e-mail.
[19] Information received on 24 February 2025 from the Statistics Unit at the Swedish Migration Agency via e-mail.
[20] Government, proposition 2024/25:49 En ny ordning för asylsökandes boende, 7 november 2024, available in Swedish here.
[21] Mottagandelagen. En ny lag för ordnat asylmottagande och effektivt återvändande (SOU 2024:68), available in Swedish here.
[22] Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection.