Published 27 March 2023 at 18.58
Domestic. Following an indicative judgment from the Migration Court of Appeal, the Migration Agency changes its assessment of what is required to obtain a permanent residence permit according to the upper secondary school act. The requirement for self-support must now be met when the temporary residence permit expires.
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The decision applies to Afghan men who previously had their asylum applications rejected because they lied that they were children.
When they apply for a permanent residence permit according to the Upper Secondary School Act, they must show that they can make a living as an employee or self-employed. The application must be submitted before the time-limited residence permit ceases to apply.
In the past, however, the Swedish Migration Agency has assessed that it is sufficient that the requirement for self-sufficiency is met when the application is examined.
In a guiding judgment, the Migration Court makes a different assessment. According to the court, the employment must have started before the time-limited residence permit expires.
As a result of the judgment, the Migration Agency will in future require that all conditions for a permanent residence permit according to the upper secondary school law are fulfilled no later than the last day of the time-limited residence permit. This applies regardless of whether the applicant makes a living as an employee or self-employed.
The change means that it is no longer possible to get a permanent residence permit if, at the time of application, you only have an offer of employment, or an agreement about an employment that you will start after the last day of your temporary residence permit.
The Migration Court's new judgment means that the requirements for a permanent residence permit must be met both when you apply and when the Swedish Migration Agency examines the application.
In order to fulfill the law's requirements for “permanent livelihood”, the Swedish Migration Agency requires that you have a permanent job or a fixed-term job of at least two year. In practice, this will in future mean that you can be refused if you had an agreement for two years of employment when the temporary residence permit expired, but at the time of the examination there are less than two years of employment remaining.
The new requirements apply immediately. The new assessment applies to all applications for a permanent residence permit under the Upper Secondary School Act, and also affects those who submitted their application before the Migration Court issued its verdict.