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RESIDENCY PERMITS

What’s the current status of Sweden’s planned migration laws?

There are a number of migration-related laws and policies in the pipeline in Sweden, including changes to work permits, citizenship and permanent residency requirements, and plans to tighten up permanent residency and asylum applications. Here's a quick overview.

What's the current status of Sweden's planned migration laws?
A Swedish MP votes on a law in parliament. Photo: Claudio Bresciani/TT

New work permit system for high-skilled labour

What will the proposal do?

Sweden’s Migration Agency will launch a new work permit model, aiming to speed up waiting times for international talent.

The new system will among other things scrap the current fast-track for certified companies, with an aim to slash processing times for highly-educated applicants to just 30 days.

Instead, all work permit applications to bring highly qualified labour to Sweden, regardless of whether the company is certified or not, will be handled by new “international recruitment units”, or enheter för internationell rekrytering.

These will not only process cases but will also include “service teams”, who will work closely with employers and businesses in the run-up to applications being submitted, so that they are complete.

You can read more about it in The Local’s explainer.

What’s the status of the proposal?

The new model is expected to come into effect in January 2024.

Language and culture tests for citizenship

What will the proposal do?

It would introduce a language and culture test for citizenship applications, which would apply to those aged between 16 and 66.

An inquiry into bringing in the language requirement concluded in January 2021 that applicants for citizenship should be able to listen to and read Swedish at B1, the second of the six levels in the Common European Framework of Reference for Languages (CEFR), equivalent to having completed level D, the fourth-highest level in the Swedish for Immigrants (SFI) course. 

This is a fairly high level of Swedish. It’s enough to get the gist of what’s in Swedish newspapers, listen to the radio, or to follow a lecture without too much difficulty.

When it comes to speaking or writing Swedish, the inquiry suggested requiring a lower level, A2. This is equivalent to SFI level C.

This is the same level which the government has suggested for those applying for permanent residency for reading and listening as well as speaking and writing.

With regards to the culture test, the law proposes a digital test of “basic knowledge needed to live and function in Swedish society focusing on democracy and the democratic process”, which would be based off the contents of a book produced specifically for test purposes.

What’s the status of the proposal?

The consultation stage (remiss) of this proposal concluded in April 2021. This is the stage where the inquiry report and its proposals are sent for consultation to the relevant government agencies or organisations, municipalities and other stakeholders, who can submit their comments.

The next step is for the government to decide whether or not to push ahead with the law, then draft a bill which would first be sent to Sweden’s Council on Legislation.

If it does go ahead, the law at the time of writing has a proposed introduction date of January 1st 2025.

Language and culture tests for permanent residency

What will the proposal do?

This would, similarly to the law on citizenship above, introduce a language and culture knowledge requirement for permanent residency applications.

In a press conference on May 29th, 2023 it was announced that the language test would consist of two 50 minute listening tests with a ten minute break, at CEFR level A2, and the culture test would be the same length and would test applicants on a range of topics related to living in Sweden.

More information on what we know about the content of the tests and who will have to take them here.

What’s the status of the proposal?

The consultation stage (remiss) of this proposal concluded in September 2023. The next step is for the government to decide whether or not to push ahead with the law, then draft a bill which would first be sent to Sweden’s Council on Legislation.

The suggested date of implementation according to the proposal is July 1st, 2027.

Extending residency requirement for citizenship and other changes to citizenship

What will the proposals do?

They would extend the time it takes to qualify for Swedish citizenship from the current limit of five years (three years for spouses or cohabiting partners of Swedish citizens) to eight years “in the normal case”.

It’s not clear what, if any, exceptions there will be, or whether those married to a Swedish citizen or with Swedish children will have a reduced wait. 

On top of this, the government and Sweden Democrats want to introduce a demand that anyone applying for Swedish citizenship can support themselves financially, investigate the possibility of introducing a new obligatory ceremony, such as an oath of loyalty or a citizenship interview which would act as the final stage in the citizenship process, and look into the possibility of withdrawing citizenship from dual citizens who carry out “system-threatening crimes”, or whose citizenship was granted on false premises. 

What’s the status of these proposals?

The government has launched an inquiry into tightening up citizenship, proposing an extension to the residency requirement, as well as a civics test and self-sufficiency requirement.

In the inquiry directive, judge Kirsi Laakso Utvik has been tasked with providing suggestions for future policy on a number of different citizenship-related points.

These include, but are not limited to, the following:

  • propose extending the residency requirement for citizenship
  • propose what knowledge about Swedish society and culture should be required to be eligible for membership
  • propose extra requirements that applicants have a heder­ligt levnadssätt, or “upstanding way of life”
  • propose what requirements for self-sufficiency prospective citizens should have to meet
  • take a position on whether a citizenship interview, oath of loyalty, or other ceremony should be instituted as the final point in the citizenship process
  • decide on whether the procedure for considering the release of children from Swedish citizenship should be changed and submit the necessary constitutional proposals.

You can read more about the proposed changes to citizenship here.

Utvik was assigned just over a year to work on her proposal, which has a deadline of September 30th, 2024. After that, she will publish her slutbetänkande or final report, then the proposed law will be set out for consultation to relevant organisations or individuals.

After this step a draft bill will be sent to the Council on Legislation, which will analyse the law from a legal standpoint, then it will be sent to parliament for scrutiny before finally being put to a vote. It’s hard to say exactly when it could become law, but the government will almost certainly make it a priority that it is complete before their mandate period ends in 2026.

Raising the salary threshold for work permits

What is this proposal about?

The proposal, which came into force on November 1st, 2023, set a new salary threshold of 27,360 kronor, 80 percent of Sweden’s median salary, meaning that anyone earning below this figure no longer qualifies for a work permit or work permit extension.

Valid work permits issued before the law change to people earning below the new limit are not affected, meaning people on these permits can stay in Sweden until their permits expire. They will, however, need to earn above the new threshold when they apply for a work permit extension or permanent residency, or if their application submitted before November 1st was not approved before the new law came into effect.

The new limit is 80 percent of the median salary, as calculated each year by Statistics Sweden. This means that the limit will change every year as the median salary changes.

Under rules prior to November 1st, the minimum salary was set at the lowest level at which the Migration Agency estimated it was possible to survive in Sweden without welfare support, just 13,000 kronor a month. 

What’s the status of the proposal?

The new rules came into force on November 1st, 2023.

Going forward, the salary requirement will be based on Statistics Sweden’s last published median salary at the time a work permit application is submitted. This is updated every year, most recently June 20th, 2023 and can be found here.

Further reforms of the system are being planned, with an inquiry set to present its conclusions by the end of January 2024.

Tighten asylum legislation to ‘minimum level’ allowed in EU

What will the policy do?

The government wants to tighten asylum legislation to the “minimum level” allowed under European Union law or other international treaties to which Sweden is a signatory.

It could withdraw residency from asylum seekers “if the original grounds for asylum no longer apply”, abolish permanent residency for asylum seekers in favour of temporary residency permits, and reduce the scope for family reunion for those with residency in Sweden to the minimum circle of relatives allowed under EU law: a spouse or domestic partner and any children under 18 years.

It could also establish transit centres either in Sweden or overseas, if possible under the Swedish constitution and European Convention on Human Rights.

It could also enable residence permits for asylum seekers to be recalled if the situation in the home countries of those granted asylum changes so that they are no longer at risk, and restrict access to translators so they are only offered in situations where they are necessary for a fair legal process.

What’s the status of this policy?

One part of this policy is a proposal to raise the age limit at which a residency permit based on family reunification may be rejected to 21, which was approved by parliament on November 9th and came into force on December 1st, 2023.

This proposal also limited the opportunity for family reunification permit applicants to be exempt from the maintenance requirement if the person they are moving to Sweden to join is an asylum seeker, as well as removing the possibility for a residence permit to be granted due to “particularly distressing circumstances”. It also allows children to be granted residence permits due to “exceptionally distressing circumstances”, even if these circumstances would not be considered as serious or distressing if the applicant were an adult.

A broader inquiry into changes to asylum and immigration law was launched in February 2023, and the Tidö agreement states that the government aims to pass new asylum laws on these topics before the mandate period comes to an end in 2026.

Strengthened system for coordination numbers

What will the proposal do?

This law makes the Swedish Tax Agency wholly responsible for awarding coordination numbers, the numbers given to people living in Sweden who are not yet eligible for a personal number, personnummer

This should make it easier to keep track of which numbers are held by real people and which are dormant. The bill also creates a new category of “supported identity” coordination numbers, where the holder goes to a Tax Agency office in person with a passport or other identity document and has their identity confirmed.

What’s the status of the proposal?

It was passed as law on November 30th 2022, and came into force on September 1st 2023 (January 1st 2023 for affected staff at foreign embassies).

Travel visas for work permit holders

What will the proposal do?

This is not yet a firm proposal, but in a sit-down interview in February 2023, The Local asked Migration Minister Maria Malmer Stenergard if the government is planning on introducing a travel visa which would enable work permit applicants to leave Sweden and return, as countries such as Denmark and Germany have done.

“Yes, I will consider it,” she said. “I’m well aware of this problem, which also affects people who would like to go to seminars and so on abroad who are refused [the ability] to do so. So it is truly a problem.”

For citizens of countries which Sweden demands an entry visa from, it has meant that while they are free to leave Sweden, they risk being refused entry at the border if they try to return. Thousands of workers on whom Sweden’s economy relies have as a result been effectively trapped in the country.

What’s the status of the proposal?

This has not yet been formally proposed.

Introducing labour market testing for work permits

What will the proposal do?

This was proposed by Sweden’s former centre-left government and has been scrapped by the new conservative coalition. It would have reintroduced labour market tests for work permits, meaning that work permits would only have been granted for jobs in sectors experiencing a shortage.

Denmark has had a similar system, dubbed the Positive List, for a number of years, which is updated twice a year and comprises two lists: one for people with a higher education and one for other skilled workers.

You can read more about labour market testing here.

What’s the status of the proposal?

This proposal was scrapped and was instead been replaced with a proposal to make it harder for low-skilled immigrants to move to Sweden, and easier for highly-skilled immigrants to get work permits in Sweden. See more details on the new proposal here.

Member comments

  1. Please cover more on the topic of EU long term residence permit. This is a very attractive option for permanent residency in EU countries which most people aren’t aware of. Also, I know two people who help such a long term residence permit from Germany, moved to Sweden as highly skilled workers but have been facing a very hard time getting into the Swedish system.
    As in, in spite of the EU long term residence permit, one needs a Swedish residence permit, although they are legally allowed to start working in the mean time. But the Migrationsverket takes more than 6 months to process these applications and the skatteverket doesn’t give a Swedish personal number without a Swedish residence permit. It almost looks like Sweden wants to discourage free movement offered by the EU long term residence permit. I have proof admitted by the migrationsverket that the average processing time for these application is 8 months!

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For members

WORKING IN SWEDEN

How many immigrants are overqualified for their jobs in Sweden?

Sweden is one of many European countries struggling with 'brain waste', a situation where immigrants struggle to find suitable full-time work or are overqualified for their roles due to their education not being recognised.

How many immigrants are overqualified for their jobs in Sweden?

The findings are part of an investigation by Lighthouse Reports, the Financial Times, El País and Unbias The News which found that most European countries fail to provide good job opportunities to educated foreigners – potentially at the cost of their labour forces and economies.

“While the results differ slightly between labour market outcomes, a consistent pattern emerges: immigrants lag behind natives everywhere, but brain waste is worst in Southern Europe, Norway, and Sweden,” the report read.

One of the metrics used to measure brain waste was the proportion of foreign residents who were overqualified for their role.

In Sweden, 32 percent of university-educated Swedes were overqualified for their roles, according to their report, while 68 percent of immigrants educated abroad were overqualified for their job.

The report didn’t study native Swedes with foreign diplomas, but one thing to note is that immigrants who obtained their qualifications in Sweden were far less likely to be overqualified than those who got their degrees outside of Sweden.

For immigrants with a degree from Sweden, 35 percent were overqualified (the difference to native Swedes was not statistically significant).

The results are not surprising, and the problem of well-educated immigrants not being able to work in their chosen profession has been raised on multiple occasions – for example in connection with Sweden’s new work permit salary threshold squeezing out highly-qualified foreigners.

An OECD report found as early as 2014 that a much bigger proportion of highly-educated foreign-born people in Sweden were overqualified for their roles, compared to the native population.

“Given the large number of Swedish immigrants who obtained their education and work experience abroad, there is a strong need for efficient and credible recognition of their qualifications and validation of informal competences,” urged the OECD report at the time.

But the Lighthouse Reports study pointed out that the figures for Sweden pointed to a systemic problem across the entire labour market, which doesn’t only affect well-educated immigrants.

“Once we look at metrics of brain waste that are not dependent on education, such as under-employment and unemployment, the large gaps in Southern Europe (and Sweden) reappear. This indicates that these countries struggle to integrate migrants into the labour market in general, not just college-educated migrants,” it read.

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