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IMMIGRATION

Swedish government announces inquiry to tackle deportations of foreign workers

The Swedish government on Sunday announced plans to review convoluted labour laws, in order to allow more people to stay and work in Sweden.

Swedish government announces inquiry to tackle deportations of foreign workers
Justice and Migration Minister Morgan Johansson, who announced the plans on Sunday. Photo: TT

Justice and Migration Minister Morgan Johansson said he will appoint a commission to review the rules around labour migration – which have seen several foreigners with jobs in Sweden told to leave the country due to mistakes made by their employers.

The government now plans to give employers a chance to correct such mistakes on their own initiative, and will put forward the proposal in the spring.

Several high-profile cases of skilled foreign workers being deported have grabbed headlines and prompted campaigns to make the law more lenient.

In September, Tayyab Sahabab, a developer working for a Stockholm start-up was given three weeks to leave Sweden due to an admin error made by a previous employer.

Johansson referred specifically to Sahabab on Sunday.

“It is this type of case we want to be able to avoid in the future, and that is exactly what this review will deal with,” he told TV4 Nyheterna.

READ MORE: 'World class' developer told to leave Sweden over admin slip

And last April, Swedes rallied to help a Bangladeshi man who was refused a work permit due to the fact he found his job on LinkedIn. He was later allowed to return after being offered new employment, work and residence permits.

In both cases, the Swedish Migration Agency (Migrationsverket) told The Local they were bound by rules and regulations regarding work permits.

“It's not a good situation, but Migrationsverket has no possibility of doing things a different way. It's to do with legislation in that area which is really clear, it's actually designed to make sure that people who come here get an adequate salary, the right insurance, etc,” a spokesperson from the agency said in September.

But the cases drew attention to apparent contradictions in Sweden’s push to try to attract global talent to the country while at the same time creating obstacles for them with strict rules and regulations.

READ MORE: Foreign workers to form human chain to stop deportations

 

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READER QUESTIONS

Do foreigners in Sweden have to carry their residence cards?

Foreign residents in Sweden who are granted residence permits are issued with a residence card or 'uppehållstillstånd'. Who does this apply to and are they obliged to carry the card all the time?

Do foreigners in Sweden have to carry their residence cards?

What is an uppehållstillstånd

Firstly, an uppehållstillstånd or residence permit is required for legal residence in Sweden for non-EU citizens, as well as EU citizens without EU right of residence.

Note that this is not the same as an uppehållskort, which is for non-EU citizens living with a non-Swedish EU citizen, nor is it the same as an intyg om permanent uppehållsrätt for EU citizens or uppehållsstatus for Brits here under the rules of the withdrawal agreement.

Residence permits are granted to those wanting to work, study or live in Sweden, including those who came to the country as family members of other residents or as refugees.

The criteria you must fulfil to be granted a residence permit depend on the reason you are in Sweden and your personal situation.

If you are granted a residence permit for Sweden, you will be issued with a residence card or uppehållstillståndskort, as documentation of your residence rights.

The card itself is a plastic card the size of a credit card and displays your photo. It also includes a chip containing your biometric data. You will be required to attend an appointment to submit biometric details to the Migration Agency, either at one of its offices or at your closest Swedish embassy or consulate, if you’re applying from outside the country, after which the agency will be able to produce your residence card.

So, do I need to carry the card with me at all times? 

Technically, no, but it’s best to always know where it is, as you will need to be able to show it when asked. 

A press officer at Sweden’s Migration Agency told The Local that it’s a good idea to carry it with you at all times, although there’s no specific requirement for residence permit holders to do so.

“We can’t comment exactly on the situations in which other authorities, such as the police or healthcare services would need to see your residence permit card, but our general advice is that it’s a good idea to carry your residence card with you at all times, like any other form of ID, such as a driving licence, for example,” she said.

According to the Migration Agency’s website, you should always have it with you when in contact with Swedish authorities or healthcare, as it proves that you have the right to live in Sweden.

“According to the Aliens Act, foreigners in Sweden must show a passport or other document showing they have the right to live in Sweden, when asked by a police officer,” police press officer Irene Sokolow told The Local.

“[The foreigner] is responsible for proving their right to be in Sweden, as well as their identity and the day and time they arrived in Sweden, if relevant. They are, however, not required to carry their identity card or passport with them.”

One situation where you should have your card with you is when travelling over the Swedish border, where you should always present it to border police along with your passport. This ensures you’ll be registered correctly as a resident when exiting or re-entering the country, rather than as a tourist.

One reason why this is important is that non-EU residents can only visit Schengen for 90 days in every 180-day period without needing a residence permit or other visa, so if you’re falsely registered as entering Sweden as a visitor, this 90-day countdown will start. 

If you’re then discovered living in Sweden past the 90-day deadline, your false registration as a tourist could lead to you being branded an overstayer, which could affect your chances of getting a residence permit in the future, as well as your chances of being allowed to enter other Schengen countries.

Where else might I be asked to show my card?

Sweden’s police are also able to carry out so-called inre utlänningskontroller, special controls to identify people living in Sweden illegally, if they have reason to believe the person in question does not have a permit or visa to live in Sweden.

These can take place anywhere within Sweden, including at workplaces suspected of hiring people without valid residence permits, so at least in theory, you could be stopped by police anywhere in the country and asked to show your residence permit if they have reason to believe you’re living here illegally.

“When an inre utlänningskontroll is carried out and the person in question does not have any such documents with them, the police can check their status with the Migration Agency,” Sokolow told The Local.

Legally, the police have the power to confiscate your passport or other ID document if you can’t prove you have the right to be in Sweden when asked, although this will be returned to you when you provide them with a valid residence permit card or when they receive other proof that you have the right to be in the country.

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