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Sweden: Amended regulations in the Aliens Act

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The Government has decided to refer proposals to the Council on Legislation for amendments to the Aliens Act. The amendments are being proposed to ensure that Swedish migration policy is sustainable in the long term and provides a humane, legally secure and effective regulatory framework that is not materially different from migration policies in other EU Member States.

The proposals referred to the Council on Legislation are based on the report of the Cross-party Committee of Inquiry on Migration. Among other things, the Government proposes that as a general rule, residence permits are to be temporary, and that permanent residence permits are not be granted until the applicant has had a temporary residence permit for three years and only if certain specific requirements are met, including a maintenance requirement. A maintenance requirement for family member immigration will also be introduced.

The Government is also proceeding with supplementary proposals that have been referred separately. In the proposal referred to the Council on Legislation, the Government considers that – in connection with the return to the Aliens Act – it should still be possible to grant children residence permits under the provisions on particularly distressing circumstances. It is also proposed that a possibility be introduced to grant adults a residence permit on humanitarian grounds. This means that it may be possible to grant an adult who has a residence permit to stay in Sweden and has developed special ties to Sweden a residence permit if the circumstances are particularly distressing.

“We will not return to the migration legislation from 2015. With these proposals, we ensure a regulatory framework that is sustainable in the long term, at the same time as we – in line with many of the comments from referral bodies – ensure that the system where temporary residence permits are the general rule does not have unreasonable effects,” says Minister for Justice and Migration Morgan Johansson.

“Migration legislation must be humane, legally secure and effective. We are therefore presenting the proposal for a humanitarian ground that makes it possible for vulnerable young people with special ties to Sweden to stay,” says Minister for Gender Equality and Housing, with responsibility for urban development, anti-segregation and anti-discrimination Märta Stenevi.

It is proposed that the legislative amendments enter into force on 20 July 2021.