/Entry into force: 2019-07-20/

Residence permit for studies at secondary level



1 § U:2021-12-20/expires by law (2017:354)./

A foreigner who has had a residence permit under 16 c or 16 g law (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, or a residence permit under section 3, shall be granted a residence permit for studies at secondary level if he or she 1. under the age of 25 years, 2. study on a national programme of upper secondary school or in high school programs or full time at another equivalent training, and



3. have not completed such education or a foreign equivalent education.



Such residence permits shall also be granted to a foreigner who has had a residence permit according to the auxiliary 5, 12 or 15 of the Act on temporary restriction of the possibility to obtain a residence permit in Sweden, and who are unable to obtain a new licence, if the alien



1. is at least 18 years of age,



2. during the period of validity of law studied at an induction programme in secondary schools, and



3. comply with the conditions laid down in the first subparagraph.



The residence permit shall be limited in time and be valid for a period of six months beyond the time remaining of the education according to the individual study plan, or, if the foreign national studying at the folk high school, according to the corresponding planning documents, and until today the law expires.



If there are special reasons, residence permits be granted even if the alien is studying on a part-time basis.



Residence permit for continued studies 2 §/expire U:2021-12-20 by law (2017:354)./

A foreigner who has had a residence permit according to § 16 auxiliary (a) Act (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, and who are unable to obtain a new licence, or who have had a residence permit according to § 16 auxiliary b the Act or a residence permit has been granted under section 16 d or e, the 16 teams , or according to § 1, shall be granted a residence permit for further studies, if he or she: 1. under the age of 25 years, 2. study on a national programme of upper secondary school or in high school programs or full time at another equivalent training, and



3. actively participated in the training.



The residence permit shall be limited in time and be valid for a period of six months beyond the time remaining of the education according to the individual study plan, or, if the foreign national studying at the folk high school, according to the corresponding planning documents, but thirteen months at a time.



If there are special reasons, residence permits be granted even if the alien is studying on a part-time basis.



3 §/expire U:2021-12-20 by law (2017:354)./

An alien who at first examination of his or her application for asylum was granted a residence permit pursuant to paragraph 16 (c) law (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, which has not started studies on a national programme of upper secondary school or in high school programs or full time at another equivalent qualification when the residence permit expires, will be granted a residence permit for further studies, if he or she:



1. has not reached the age of 25, and 2. study on an introduction programme in secondary schools.



The residence permit shall be limited in time and apply for thirteen months.



The residence permit issued under this section may be granted only once.



Residency after completion of education, section 4/expire U:2022-07-20 by law (2017:355)./

A foreigner who has had a residence permit according to § 16 auxiliary (a) Act (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, and who are unable to obtain a new licence, or who have had a residence permit according to § 16 auxiliary b the Act or a residence permit granted under any of 16 d-16 (f) of the Act or under paragraph 1 or 2 shall If the training completed, be granted a residence permit after completion of their training.



The residence permit shall be limited in time and be valid for a period of six months after the day the diploma or the equivalent is issued.



Permanent residence permit



§ 5 an employer who hires an alien who has been granted a residence permit according to the auxiliary 16 a or 16 b of law (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, or which have been granted a residence permit under any of 16 c and 16 h of the Act, or under any of paragraphs 1 to 4, the last calendar month following the calendar month in which the employment commenced notify the Tax Office of the employment. The same shall apply to an employer who employs an alien who has been granted a residence permit according to the auxiliary 5, 12 or 15 of the Act on temporary restriction of the possibility to obtain a residence permit in Sweden, if the foreign national under the law's validity has been studying on an introduction programme.



A foreigner who has had a residence permit according to the auxiliary 16 a or 16 b of the Act on temporary restriction of the possibility to obtain a residence permit in Sweden, or who have had a residence permit according to the auxiliary 5, 12 or 15 of the Act and in the Act's validity has studied at an induction program, or a foreigner who has had a residence permit granted under any of 16 c and 16 h of the Act, or under any of paragraphs 1 to 4 shall unless otherwise provided by paragraph 6, when the time for the permit has expired, be granted a permanent residence permit if he or she holds a position which have been notified within the meaning of the first subparagraph and that will enable him or her to earn a living and pay, insurance coverage and other conditions of employment are not worse than the conditions of the Swedish collective agreements or practices in the profession or industry. The same shall apply to an alien who can support themselves through income from commercial activities.



Residence permits referred to in the second subparagraph may be granted to an alien who has not reached age 25 only if he or she has completed a secondary school or equivalent.



The Government or the authority that the Government can


with the support of Chapter 8. section 7 of the Constitution notify details relating to supply capacity and on notice to the tax office.



section 6 of the residence permit may be refused in cases referred to in paragraphs 1 to 5, if the alien



1. constitute a threat to public order and security, or



2. is guilty of crime or crime in association with other misconducts.



When the application for a residence permit shall be made



section 7 as provided in Chapter 5. first paragraph of section 18 of the Aliens Act (2005:716) do not apply to an alien who applies for a temporary residence permit as referred to in any of paragraphs 1 to 4, or applying for permanent residence under section 5.



Obligation to report the study activity



section 8, an alien who has been granted a residence permit according to the auxiliary 16 a or 16 b of law (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, or which have been granted a residence permit according to § 16 of 16 d or e on the law, or according to § 1, shall annually report to the Immigration Office that he or she is actively participating in the training.



Reconsideration of the validity and revocation of residence permits



section 9 If a residence permit according to § 16(a) have auxiliary Act (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, the period of validity of the authorization may be reviewed if the conditions for a long-term residence permit for studies are no longer fulfilled, or if the foreigner despite reminder does not meet his obligation to report the study activity or not actively participating in the training.



A residence permit according to § 16 auxiliary b Act on temporary restriction of the possibility to obtain a residence permit in Sweden, or which have been granted in accordance with any of the 16 c and 16 g of the Act, or under any of paragraphs 1 to 3, may be withdrawn if the conditions of the permit are no longer satisfied, if the foreigner despite reminder does not meet his obligation to report the study activity or if the alien does not actively participating in the training.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify details relating to what constitutes active participation in training.



Appeal



section 10 of the Swedish Migration Board's decision under this Act may be referred to an immigration court to the same extent that a decision may be appealed against according to chapter 14. section 3 of the Aliens Act (2005:716).



Transitional provisions



2017:353



1. this law shall enter into force on 20 July 2019.



2. The law expires on 20 January 2023.



3. Notwithstanding paragraph 2 applies 5 and 6 §§ still for an application that has been registered with the immigration service before 20 January 2023 if the alien has been granted a residence permit according to the auxiliary 16 a or 16 b of law (2016:752) of temporary restrictions of the possibility to obtain a residence permit in Sweden, or if the alien has been granted a residence permit under any of 16 d-16 (f) § § § the Act or 16 h , or according to § 1, 2 or 4, and at the latest at the time completed their training.



4. Notwithstanding paragraph 2 concerns the law still for appeal of decisions taken under this Act.