Regulation (2016:39) On The Receipt Of Some Newly Arrived Immigrants For Settlement

Original Language Title: Förordning (2016:39) om mottagande av vissa nyanlända invandrare för bosättning

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:39

/Entry into force: 03/01/2016

Introductory provisions



Article 1 this regulation lays down provisions on the receipt for the settlement of certain newly arrived immigrants who are subject to the Act (2016:38) on the receipt of some newly arrived immigrants for settlement.



The regulation is notified pursuant to Chapter 8. section 7 of the Constitution and section 8 of the Act on receipt of some newly arrived immigrants for settlement.



Host requirements



section 2 of the immigration service to calculate how many new arrivals in need of settlement in a municipality during the upcoming calendar year (host needed). The Swedish Migration Board shall make a new calculation of receiving need when there are reasons for it.



The number of new arrivals to be covered by the instructions to the municipalities section 3 Of the Regulation (2016:40) on the distribution of guidelines to municipalities, it is clear from the number of new arrivals to be covered by the instructions to local authorities in a given calendar year.



Länstal and the municipality of speech



section 4 of the distribution at the county level by the number of new arrivals that will be covered by instructions in a given calendar year (länstal) follows from the Regulation (2016:40) on the distribution of guidelines for municipalities.



paragraph 5 of the County Board shall, on the basis of provincial rates decide on the division between municipalities within the County in the number of new arrivals that will be covered by instructions in a given calendar year (municipality). Municipality figures should be decided in advance for one calendar year at a time.



6 § when the municipality numbers is decided, the municipalities ' ability to provide housing to be taken into account in addition to the criteria specified in the second subparagraph of paragraph 7 of the Act (2016:38) on the receipt of some new immigrants.



section 7 If the County figures be revised during the current calendar year, the municipality numbers are revised. Municipality figures may also be revised during the current calendar year after agreement between the municipalities within the county or neighboring municipalities, on condition that the municipality numbers overall will not be lower than the County's.



Referring authority



section 8 of the immigration service, within the framework of the municipality numbers decide if instruction in individual cases in accordance with paragraph 5 of the law (2016:38) on the receipt of some newly arrived immigrants for settlement.



Decisions about instruction and receiving in French



§ 9 a decision if instruction will include a new arrival and, where appropriate, other new arrivals that are part of the same household, whether or not covered by section 11.



section 10 of the order of instruction shall specify when the municipality last will receive a new arrival for settlement. Receipt of the municipality shall, however, take place at the latest within two months from the decision on the instruction. At instruction concerning a new arrival who has been granted a residence permit pursuant to Chapter 5. section 2 of the Aliens Act (2005:716), the Swedish Migration Board provide for a longer period.



Priority information



section 11 of the Only new arrivals registered and staying at the Migration Board's fixed properties and new arrivals who have been granted a residence permit under Chapter 5. section 2 of the Aliens Act shall be subject to the guidelines.



Notification of available housing



section 12 of a municipality must notify available housing for new arrivals to the immigration service. The County Government to dialogue with the municipalities within the County in order to promote that local authorities plan for the reception of newly arrived for residence in the municipality and reports available housing for new arrivals.



Appeal



paragraph 13 of the Decision pursuant to this Regulation may not be appealed.



Transitional provisions



2016:39



1. This Regulation shall enter into force on 1 March.



2. The regulation repeals Regulation (2010:408) on the receipt for the settlement of some new immigrants.



3. Notwithstanding paragraph 5 as to who should decide when and if the municipality the municipality number figures to be decided, according to municipal figures for 2015 by Regulation (2016:40) on the distribution of guidelines for municipalities.



4. Notwithstanding section 8, if the referring authority, the following applies for 2016: employment services, within the framework of the municipality numbers decide if instruction in individual cases in accordance with paragraph 5 of the law (2016:38) on the receipt of some newly arrived immigrants for settlement, when it comes to newcomers who are entitled to an establishment plan under the Act (2010:197) about start-up efforts for some new immigrants, for a residence permit has been granted otherwise than in accordance with Chapter 5. section 2 of the Aliens Act (2005:716).

Decisions about instruction may be taken even before it is established that a new arrival has the right to freedom of establishment plan.



The Swedish Migration Board may, within the framework of the municipality numbers decide if instruction in individual cases in accordance with paragraph 5 of the law (2016:38) on the receipt of some newly arrived immigrants for settlement, in the case of new arrivals who have been granted a residence permit under Chapter 5. section 2 of the Aliens Act (2005:716) and newcomers who are not entitled to a right of establishment plan under the Act (2010:197) about start-up efforts for some newly arrived immigrants.



5. For 2016, the following applies:



The employment services shall communicate the following information to the Migration Board concerning a new arrival who is subject to the law (2016:38) and on the receipt of some newly arrived immigrants for settlement:



1. indication that a new arrival is the subject of a decision on the instruction according to the law, the name and personal or coordination number, designated municipality, the date of the decision and the date when the municipality last will receive the participant for settlement, and 2. indication that a new arrival who is the subject of a decision if the instruction has declined or have not been able to take advantage of an instruction.