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IMMIGRATION

What should international parents know about Sweden’s migration law?

Swedish migration law changed in 2021. Now, everyone applying for a non-EU residence permit must do so with valid photo ID – even children. Read on to see what international parents who have a baby in Sweden should know about this law, and how it will affect you.

Published: 26 October 2021 16:52 CEST
Updated: 21 November 2021 10:18 CET
a woman carrying a baby in a woven wrap
Sweden's new immigration law has had unexpected consequences for some international parents. Photo: Sofia Sabel/imagebank.sweden.se

Who is affected?

This article addresses residence permits for non-EU/EEA citizens – if you are from the EU or EEA you do not need to apply for a residence permit (uppehållstillstånd) and you will have EU right of residence (uppehållsrätt) instead, meaning these changes do not affect you or your children – as long as your child also has EU or EEA citizenship.

See here for an explainer on the different kinds of residency in Sweden if you’re not sure which type you have.

What has changed?

This new law has changed residence permit applications in a number of ways. The main change is that, as a rule, residence permits are now limited to two years’ validity, with applications for permanent residence permits possible after the holder has had a temporary residence permit for at least three years.

The new law also means that permanent residence permits can no longer be granted on the basis of a family member holding permanent residency, so children can only get permanent residency after three years of holding a temporary residence permit.

However, the main change which affects parents and parents-to-be with children born in Sweden is that all applicants for residence permits must now have valid photo ID, regardless of age. Previously, children without a passport could still apply.

Unlike some other countries, children born in Sweden are not automatically Swedish citizens – citizenship is based on their parents’ country of origin. Therefore, international parents of newborns born in Sweden must apply for a child passport or national ID card from their native country in order for their child to get a Swedish residence permit, if neither parent has EU or Swedish citizenship.

Depending on how long it takes for the child’s country of citizenship to process passport applications, this can add months to the already long waiting times for residence permit applications.

How does this affect international families?

If the mother has a personal number, or if the father is the child’s legal guardian and has a personal number – the 10 or 12 digit code to unlocking a lot of Swedish services – it should amount to nothing more than a longer wait for a permit.

This is due to the fact that children born in Sweden to parents who have personal numbers are automatically assigned a personal number at birth – they do not need a residency permit first. This means that you will still be able to easily access healthcare and childcare for your child while you wait for their residence permit to be approved. Even if you or your child don’t have a personal number, everyone under the age of 18 still has the right to healthcare.

Just be prepared that you will need to apply for a passport or ID card for your child as soon as you can after their birth so they can be granted a residence permit – depending on your country of origin you may need to send your own passport away for up to a few months or travel to your country’s embassy, so ensure that you don’t have any international travel planned and that you have another form of valid ID in the meantime, if possible.

Have you been affected by this law change? Get in touch with The Local’s editorial team at [email protected]

Member comments

  1. When in 2021 did this change? I got a (temporary) residence permit for 2.5 years (because my passport expires then). Also, I didn’t need to submit a photograph when I applied for my residence permit.

    I think I applied for my permit around May/June.

    1. Hi,

      The rules changed on the 20th July 2021.

      You don’t usually have to submit a photograph in your application – when you go to Migrationsverket to get your card made they will take a photo and take your fingerprints which will then be stored digitally on the card.

      The photo ID requirement just means that the ID you use in your application has to include a photo of you (e.g. passport).

      Hope that clears things up, let me know if you have any more questions,

      Becky

      1. Hi,

        I recently applied for residence permit for my new born daughter and I realized that migration has updated the system but still you are able to apply for residence permit without any valid photo id. You will get the control number but you have to supply with valid photo id as soon as it is ready. So I think practically it doesn’t effect any much.
        Thanks

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For members

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?

Published: 2 February 2024 12:52 CET
Updated: 16 April 2024 14:22 CEST
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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