Chapter 1. The law's content, certain definitions and General

provisions



The law's content



section 1 of this Act are regulations on



– the law's content, certain definitions and General

provisions (Chapter 1),



– conditions for a foreigner to enter in and dwell

and work in Sweden (Chapter 2),



-Visa (Chapter 3),



– right of residence (3 a Cape.)



– refugees and others in need of protection (Chapter 4),



– residence permit (Chapter 5.)



– long-term resident status in Sweden (5 a Cape.)



– work permit (Chapter 6),



– EU blue card (6 a kap.)



– withdrawal of permit (Chapter 7),



– expulsion and deportation (chap. 8),



– deportation because of criminal offences (8 a Cape.)



– control and coercive measures (Chapter 9),



-custody and control in respect of aliens (ch. 10),



– how an alien in detention must be treated (11

Cape.)



-enforcement of decisions on the expulsion and deportation (12

Cape.)



– examining issues of managing authorities

etc. (Chapter 13.)



– the appeal of administrative decisions (Chapter 14.)



– nöjdförklaring (Chapter 15),



– Migration courts and Appeal (16

Cape.)



– obligation to provide information (chapter 17.)



– public counsel (ch. 18),



– free of responsibilities (Chapter 19),



— provisions on punishment etc. (Chapter 20),



-temporary protection (Chapter 21),



– tribunalvittnen (22.), and



– special appropriations (Chapter 23).

Law (2014:198).



Some definitions



Children



section 2 of this Act with the children referred to a person who is under 18 years of age.



Asylum



section 3 of this Act With the meaning of an asylum residence permit

be granted to a foreigner because he or she is a refugee

or subsidiary protection. Law (2009:1542).



EU State



3 a § With EU State referred to in this law, a State which is a member of

The European Union (EU). Law (2006:219).



EEA State and EEA nationals



3 b of the EEA State mentioned in this law a State covered by

the agreement on the European economic area (EEA).



With EEA national, a foreigner who is a national of a

EEA State. As regards family ties means even some

Swedish citizens as further evidenced by

3 a Cape. section 2 of the second paragraph. Law (2014:198).



3 (c) repealed by laws (2014:198).



The Schengen Convention, the Schengen State or Schengen visa



the Schengen Convention referred to in paragraph 4 of this law With the Convention

If the application of the Schengen agreement of 14 June 1985.



With Schengen State ' means



1. any State which has acceded or joined the

The Schengen Convention, as well as



2. Iceland, Norway, Switzerland and Liechtenstein.

Law (2011:1209).



4 a of With Schengen visa referred to in this law a visa

According to European Parliament and Council Regulation (EC) no

810/2009 of 13 July 2009 establishing a

Community code on visas (Visa code).

Law (2011:705).



Mobility directive



4 b of the directive With the purposes of this mobility team

European Parliament and Council Directive 2004/38/EC of 29

April 2004 on the right of EU citizens and their family members

the right to move and reside freely within the

the territory of the Member States and amending Regulation

(EEC) No 1612/68 and repealing directives 64/221/EEC,

68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC,

90/364/EEC, 90/365/EEC and 93/96/EEC. Law (2014:198).



Entry



section 5 With the entry referred to in this law that a foreigner entering

over the limit on Swedish territory.



The Government may provide for exceptions from the

specified in the first subparagraph.



Exit



section 6 With departure referred to in this law that a foreigner passes out

over the limit on Swedish territory.



The Government may provide for exceptions from the

specified in the first subparagraph.



Security matters



section 7 Security cases under this law are cases where

The security police for reasons of national security or as

otherwise, the importance of public safety advocates



– that a foreigner shall be rejected or expelled,



– to an immigration application for a residence permit or

a work permit is to be refused or to an immigration

residence permit or work permit shall be revoked,



– that a foreigner should not be granted status explanation or

to an immigration status explanation should be revoked,



– that a foreigner should not be granted travel documents, or



– to an immigration application for long-term resident status

should be refused or to an immigration status

resident shall be revoked.



A case of immigration service about whether new trial should

granted under Chapter 12. 19 or 19 AOF is a

safety case if the decision on expulsion has

taken in a security case. Law (2014:198).



General provisions



section 8 of the Act be applied so that the Aliens ' freedom does not

be restricted more than is necessary in each individual case.



§ 9 The provisions on refoulement of this law

apply in applicable parts also for transfer decision

According to Regulation (EU) no

604/2013 of 26 June 2013 on the criteria and mechanisms for

determining the Member State responsible for examining

an application for international protection as a

third-country national or a stateless person

in any of the Member States (recast) (the Dublin Regulation).

Law (2014:792).



section 10 in cases involving a child shall in particular be taken into account

concern for the child's health and development, as well as the best interests of the child in

otherwise requires.



section 11 When questions about authorization under this Act shall be assessed and

a child affected by a decision in the matter shall, unless it is

inappropriate, the child to be heard. The account shall be taken of the child

has said that the age and maturity of the child warrant.



section 12 of The application for a residence permit based on

such circumstances as set out in Chapter 4. 2 a of the to be dealt with

as an application for asylum. Law (2009:1542).



13 § Security matters shall be dealt with promptly.



section 14 If a foreigner has applied for a residence permit,

status explanation, travel documents or long-term

resident and security police have requested that the alien shall

deported under the Act (1991:572) on special

immigration control, should the applications be dealt with together

According to the Act on special control of aliens.



An application for a residence permit, status explanation,

travel documents or the long-term resident status of a

an alien who is expelled under the Act on special

immigration control or has been notified to the corresponding decision

under the older law and resides in Sweden, to be dealt with

According to the law. Law (2014:198).



section 15 shall for the purposes of this Act an assessment

whether there is a risk that a foreigner departs, the account

only if he



1. have previously shunned,



2. has stated that he or she does not intend to leave

the country after an expulsion order,



3. has performed under any identity that was incorrect,



4. not have helped to clarify their identity and

Thus obstructed the examination of their application for

residence permit,



5. knowingly supplied false information or withheld

a stub,



6. former transgression a announced exclusion orders,



7. has been convicted of a crime that can lead to prison, or



8. have been expelled by court because of crime.

Law (2012:129).



section 16 of the regulations on border crossing can be found in the European Parliament

and Council Regulation (EC) No 562/2006 of 15 March 2006 on the

a Community code on the rules governing the movement of persons across borders (

Schengen borders code). Law (2015:91).



Chapter 2. Conditions for a foreigner shall enter into and

reside and work in Sweden



Passport



§ 1 A foreigner entering or staying in Sweden shall have

pass.



1 a of If an alien does not have any act that applies as

Passport and is unable to obtain such a document, the

The Immigration Agency issue an alien's passport to him or

her.



A foreigner who has been granted a residence permit as an alternative

protection status or other protection pursuant to Chapter 4. 2

or 2 a of or granted protective status declaration under 4

Cape. 3 c §, the Immigration Agency issue an alien's passport

for the foreigner, if he or she cannot get a national

pass. Alien passport shall not, however, be made mandatory

view of national security or public

the order requires otherwise.



The Swedish Migration Board may issue alien's passport in other cases,

If there are special reasons. Law (2014:778).



section 2 of the Government may provide for the cases in Swedish

authorities may issue passports to foreigners.



Government or after the Government's authorization

The Swedish Migration Board may provide for the documents

that may be accepted as passports.



Visa



section 3 of A foreigner entering or staying in Sweden should have

Schengen visa or national visa. Law (2014:198).



Right of residence



3 a of the provisions on the right of residence for EEA nationals and

their family members are in 3 a Cape. Law (2006:219).



Residence permit



section 4 of the residence permit is a permit to stay in Sweden

during certain period of time (temporary residence permit) or without

time limit (permanent residence permit). The who has

residence permit or long-term resident status in

Sweden may, if the condition specified in paragraph 1 is met, enter

Sweden. Law (2014:198).



§ 5 A foreigner residing in Sweden more than three months,

have a residence permit. Law (2014:198).




section 6 of the Government may provide for foreigners

shall have residence permits after only a short stay time

in Sweden for more than three months.



Work permit



section 7 of the work permit is a permit to work in Sweden. A

a foreigner working in Sweden on account of employment

here or abroad must have a work permit.



EU blue card



7 a of the provisions on residence and work permit for

highly qualified employment (EU blue card) is available in 6 a kap.

Team (2013:606).



Exceptions from the requirements for passports, visas, residence permits and

work permit



section 8 requirement that under section 1 of the entry is not valid for a

an alien who is a national of a Contracting Party where he or

She travels or entered the territory of Sweden directly from a

Schengen State.



The requirement of a passport under section for the stay does not apply to an

nationals of Denmark, Finland, Iceland or Norway and not

either for an alien who is a national of another

Contracting Party if he or she has entered the territory of Sweden directly

from a Schengen State. Law (2014:198).



8 a of the visa requirement pursuant to paragraph 3 do not apply to an

alien



1. are EEA nationals,



2. has a residence card or permanent resident card

issued in Sweden or by a competent authority in another

EEA State,



3. has a residence permit,



4. have long-term resident status in Sweden, or



5. repossessed under 6 a kap. section 14.



The visa requirement pursuant to paragraph 3 of the order entry also does not apply

for a foreigner who is withdrawn pursuant to Chapter 4. 5 d or 5 a

Cape. 7 §. Law (2014:198).



8 b of the requirement of residence under paragraph 5 shall not apply to

a foreign national who



1. nationals of Denmark, Finland, Iceland or Norway,



2. have the right of residence, or



3. have a visa for more than three months.

Law (2014:198).



8 c § work permit requirement under section 7 does not apply to an

alien



1. nationals of Denmark, Finland, Iceland or Norway,



2. have the right of residence, or



3. have a permanent residence permit.

Law (2014:198).



§ 9 the Government may provide to expats in

cases other than those referred to in paragraphs 8-8 c may enter in Sweden

and reside and work here without passports, visas,

residence permit or work permit. Law (2014:198).



section 10 of the rules on passports, visas,

residence permit and work permit are not applied for



1. diplomatic agents and consular officers paid

employed in Sweden by foreign States and their

families and their employees, and



2. foreign States couriers.



The Government may provide for the provisions

demand for passports, visas, residence permits and work permits

applies to some extent to the persons referred to in the first

paragraph.



In the case of other aliens who are entitled to benefits

under the Act (1976:661) on the privileges and immunities in certain

case shall the restrictions be exercised under the Act.



Chapter 3. Visa



§ 1 conditions for granting a Schengen visa is available in

the visa code. Law (2011:705).



2 repealed by law (2011:705).



3 repealed by law (2011:705).



section 4 If there are special reasons, national visa

is granted. Such a visa giving permission to enter and

staying in Sweden. The visa may be granted for longer

For more than three months but not exceeding one year. It may be granted for

longer than the alien's passport only applies when there is

special reasons. Law (2011:705).



Deciding authorities



paragraph 5 of the decision on the Schengen visa, in addition to what follows from

the visa issued by the Immigration Office. Decision on

National Visa, issued by the Swedish Migration Board and

The Government offices. Law (2011:705).



Appropriations



section 6 of the Government or, by authority of the Government,

The Swedish Migration Board may provide that other

authorities have the right to decide on the visa.



The Government may provide to a body which is

linked to the Swedish export Council has the right to grant visas.



The Government or, after the Government's determination,

Cabinet Office may conclude agreement with a Schengen State

If the State's competent authorities may decide

Schengen visa.



The Government or, after the Government's determination,

The Government may decide on cooperation with an external

service provider or with a commercial intermediary in

accordance with that code. Law (2011:705).



section 7 of the Government may announce further provisions concerning

Visa.



3 a Cape. Right of residence for EEA nationals and others.



General provisions



section 1 Of the right of residence provided for a right for EEA nationals and

their family members to stay in Sweden more than three months

without a residence permit in accordance with what is stated in this

Chapter. Law (2006:219).



2 § With family members of EEA nationals referred to in this law

a foreigner who accompany or in Sweden accedes to the

an EEA citizen and who is



1. spouse or common-law spouse of the EEA citizen,



2. relative direct descendants to the EEA citizen or

to his or her spouse or common-law partner, if the relative is

dependent on them for their livelihood, or are under

21 years,



3. relative in the ascending line to the EEA citizen or

to his or her spouse or common-law partner, if the relative is

dependence on any of them, or



4. another Member of the family, if the family member in the country

He or she has come from is dependent on the EEA citizen

for their livelihood or included in the EEA citizen households

or if there are serious health grounds strictly require the

The EEA citizen personally takes care of the family member.



With family members of EEA nationals referred to in this law also

a foreigner with such family ties referred to in the first

paragraph to a Swedish citizen who returns to Sweden

After having exercised their right to free movement in accordance with

mobility directive, and that the alien has complied with or

joined when the Swedish citizens exercised their

right to freedom of movement. Law (2014:198).



Right of residence



section 3 of The EEA nationals have the right of residence if he or she



1. are workers or self-employed persons in Sweden,



2. have come to Sweden to seek employment and have a

real opportunity to get a job,



3. is enrolled as a student at a recognised educational establishment

in Sweden, according to a statement this has sufficient

assets of their family members and their supply and

have comprehensive health insurance for themselves and

the family members that apply in Sweden, or



4. has sufficient resources for their and their

family members ' livelihood and have a comprehensive

health insurance for themselves and family members that apply in

Sweden. Law (2006:219).



paragraph 4 such a family member of an EEA national referred to in

paragraph 2 of the first paragraph has right of residence if the EEA citizen has

the right of residence provided for in paragraph 3.



Such a family member of an EEA national referred to in paragraph 2 of the

the second paragraph has a right of residence.



Right of residence under the first or second paragraph, there is

not if a marriage is concluded, a common-law relationship commenced

or an alien adopted solely for the purpose of giving

the alien residence. Law (2014:198).



§ 5 right of residence is available as long as the conditions are met.

Law (2006:219).



To retain the right of residence in certain cases



5 a of An EEA national who has the right of residence

worker or a self-employed person within the meaning of section 3 (1) shall be regarded as

workers and the self-employed and maintains its

right of residence even if he or she



1. suffering from temporary incapacity due to sickness

or accident, or



2. start a vocational training.



In the case referred to in the first subparagraph 2, the training must be

connection with the former employment, except in cases where

The EEA citizen is involuntarily unemployed.



An EEA nationals who have the right of residence as a worker

According to section 3 of 1 are considered workers and retain their

residence if he or she is involuntarily unemployed after

more than one year and has registered as a

a job-seeker with the public employment service. Has

The EEA citizen has completed an employment that has been

fixed-term employment contract of less than a year or event date

involuntary unemployment during the first twelve months of

employment, are considered under the corresponding EEA citizen

conditions as workers in six months and

retain their right of residence during the same time. Law (2014:198).



5 b of an EEA citizen's family member who is not himself

EEA citizens retain their right of residence if the person from

which he derived his right of residence dies, under

then, provided that the family member has been present in Sweden

as a member of the family for at least a year and



1. are workers or self-employed persons in Sweden,



2. has sufficient resources for their and their

family members ' livelihood and have a comprehensive

health insurance for themselves and family members that apply in

Sweden, or



3. is a member of a family that is already formed in Sweden of a

person who satisfies the conditions laid down in 1 or 2. Law (2014:198).



5 c § A EEA citizen's family member who is a relative of straight

the descent of the first led to the EEA citizen and who is

enrolled as a student at a recognised educational establishment in

Sweden retain their right of residence if the parent from

which he derived his right of residence dies, or

traveling out of Sweden. The same applies to a person who has


caring for a family member. The right of residence continues to

its that the family member has completed the studies.

Law (2014:198).



5 d § A EEA citizen's family member who is not himself

EEA citizens retain their right of residence if the extension

to the person from whom he derived his

the right of residence is terminated through divorce,

annulment of marriage or termination of

partner relationship, provided that he or she

comply with the provisions of paragraph 5 (b) 1, 2 or 3 and



1. the marriage or common-law relationship has lasted at least three

years, including one year in Sweden, when the procedure for

divorce or annulment of marriage

or dissolution of the common-law relationship commenced;



2. custody of the EEA citizen's children have been transferred to

the family member,



3. it is justified with regard to the particularly difficult

the circumstances of the relationship, or



4. family member by agreement between the parents

or by a court decision have the right to visitation with a child

and this right must be exercised in Sweden. Law (2014:198).



The right of permanent residence



6 § EEA nationals who have resided legally in Sweden without

interruption for at least five years of permanent residence.

Law (2006:219).



paragraph 7 of an EEA citizen's family member who is not himself the EEA

citizens and who have resided legally in Sweden without interruption

for at least five years with the person from whom he or she

derive their right of residence, have the right of permanent residence.

Law (2006:219).



section 8 what is said in paragraphs 6 and 7 are not affected by temporary

stays outside Sweden not exceeding a total of six

months per year or for a longer stay outside Sweden on

because of compulsory military service. The same is true at

stay outside Sweden, for a maximum of 12 consecutive

months due to pregnancy and childbirth, serious

illness, study or vocational training, posting because

of work in another country or specific reasons. Law (2006:219).



§ 9 the right of permanent residence applies without conditions and can

only terminate if the foreigner has resided outside Sweden in more

than two consecutive years. Law (2006:219).



Residence card, etc.



section 10 of an EEA citizen's family member who is not himself

EEA nationals and who have the right of residence shall apply for

residence card at the Immigration Office within three months of

He or she came to Sweden. However, this does

not for an alien who has a valid residence permit

or that within three months of arrival in Sweden has

applied for such a permit. Law (2014:198).



section 11 if it can be assumed that an EEA citizen's family member is

required to apply for a residence card under section 10,

The Swedish Migration Board shall submit to him or her to perform

This obligation. The Swedish Migration Board shall also submit to the

the family member to submit such documents as are

necessary for the residence card to be issued.

Law (2014:198).



section 12 of A notice under section 11 may be subject to a penalty.



Question about imposing a penalty assessed by the immigration court on

the application of the immigration service.



At the trial of an issue about imposing penalty payments may also fine

suitability must be assessed. Law (2006:448).



12 a of the Swedish Migration Board shall issue the



1. certificate of permanent residence to an EEA national

who have applied for such certificates and permanent

the right of residence,



2. residence card of a family member of the EEA citizens

not the EEA citizen, if he or she has applied for

such a card and have the right of residence, and



3. permanent residence card for an EEA national

family member who is not himself the EEA citizen, if he or

She has applied for such a licence and have permanent

the right of residence. Law (2014:198).



Appropriations



section 13 the Government may provide for exceptions from the

the requirements set out in paragraphs 3 to 7. Law (2014:198).



section 14 of the Government may provide for the documents

to be submitted for application for a residence card. Law (2014:198).



Chapter 4. Refugees and others in need of protection



Definitions



section 1 of this Act to the refugee referred to a foreigner



-located outside the country in which the alien is a citizen

in, because he or she feels a well-founded fear of

persecution on grounds of race, nationality, religious or

political opinion or because of gender, sexual orientation,

or other affiliation to a particular social group, and



-can not, or because of their fear will not avail

out of this country's protection.



The first subparagraph applies, regardless of whether it is the nation's

authorities responsible for that the alien is likely to

be subjected to persecution or if the foreign national is likely to

be exposed to persecution from individuals and not likely to be

offered effective protection that is not of a temporary nature.

In determining whether the protection offered is taken into account only protection

granted by the State or by parties or organisations

controls the whole or a substantial part of the

territory.



The first and second subparagraphs shall also apply to a stateless

an alien who is outside the country of which he or she

have had their normal place of residence.



(B) of paragraph 2 stipulates that a foreigner who is covered by this

paragraph in some cases are excluded from being considered as

refugee. Law (2014:1400).



2 § With subsidiary protection referred to in this law, a

foreigner in cases other than those referred to in paragraph 1 are

outside of the country in which the alien is a citizen of, therefore

to



1. There are clear grounds for believing that the alien

in a return to his home country would be at risk of

punished with death, or to be subjected to corporal punishment,

torture or other inhuman or degrading treatment

or punishment, or as a civilian run a serious

and personal risk because of indiscriminate

violence in response to an external or internal armed conflict;

and



2. the foreigner cannot, or because of the risk that

referred to in 1 not to avail itself of the home country's protection.



The first subparagraph applies, regardless of whether it is the nation's

authorities responsible for the alien runs such

risk referred to therein or if the foreign national are at such risk

through the actions of individuals and not likely to be

offered effective protection that is not of a temporary nature.

In determining whether the protection offered is taken into account only protection

granted by the State or by parties or organisations

controls the whole or a substantial part of the

territory.



The first and second subparagraphs shall also apply to a stateless

an alien who is outside the country of which he or she

have had their normal place of residence.



Of section 2 (c) stipulates that a foreigner who is covered by this

paragraph in some cases are excluded from being considered as

subsidiary protection status. Law (2014:1400).



2 a of the other in need of protection referred to in this law, a

foreigner in cases other than those referred to in paragraphs 1 and 2 are

outside of the country in which the alien is a citizen of, therefore

that he or she



1. need protection because of an external or internal armed

conflict or because of other severe antagonism in

the home country feel well-founded fear of being subjected to

serious abuse, or



2. unable to return to their homeland due to a

environmental disaster.



The first subparagraph of paragraph 1 applies regardless of whether it is the nation's

authorities responsible for the alien runs such

risk referred to therein or if the foreign national are at such risk

through the actions of individuals and not likely to be

offered effective protection that is not of a temporary nature.

In determining whether the protection offered is taken into account only protection

granted by the State or by parties or organisations

controls the whole or a substantial part of the

territory.



The first and second subparagraphs shall also apply to a stateless

an alien who is outside the country of which he or she

have had their normal place of residence.



Of section 2 (c) stipulates that a foreigner who is covered by this

paragraph in some cases are excluded from being considered as other

protection status. Law (2014:1400).



2 b of A foreigner is precluded from being considered as a refugee

If there is particular reason to assume that he or she

has been guilty of



1. a crime against peace, a war crime, or a crime against

humanity, as defined in the international

instruments drawn up to make provision in respect of such crimes;



2. a serious non-political crime outside Sweden before he

or she came here, or



3. acts contrary to the UN purposes and

principles according to the preamble and articles 1 and 2 of

The Charter of the United Nations.



It referred to in the first subparagraph also applies to an alien who

has instigated or otherwise participated in the Commission of the

crimes or acts there mentioned. Law (2009:1542).



2 c § A foreigner is precluded from being considered as alternative

protection status and other in need of protection if there is

particular reason to assume that he or she



1. is guilty of such crimes or offences

referred to in paragraph 2 (b) 1 or 3,



2. is guilty of a felony, or



3. is a danger to national security.



It referred to in the first subparagraph also applies to an alien who

has instigated or otherwise participated in the Commission of the

crimes or offences referred to in the first subparagraph 1 and 2.

Law (2009:1542).



Status explanation



section 3 of A foreigner, as relying on safety reasons applied for


residence permit, should be declared a refugee

(refugee status Declaration) if he or she falls within the scope of

the definition in paragraph 1 and are not precluded from being considered as

a refugee in accordance with paragraph 2 (b).



An alien may be refused refugee status explanation if he

or she



1. by means of a particularly serious crime has shown that it would

be fraught with serious danger to public order and

security to let him or her stay in Sweden, or



2. has engaged in activities which endangered the for the

Security and there is reason to believe that he or she

would continue operating here. Law (2009:1542).



3 a of A foreigner, as relying on safety reasons applied for

residence permit, should be declared alternative

protection status (alternative protection status Declaration) if he

or she is covered by the definition in section 2 and is not excluded

from being considered as subsidiary protection within the meaning of paragraph 2 (c).



A foreigner, who is relying on security grounds has applied for

residence permit, should be declared other protection status

(other protection status Declaration) if he or she falls within the scope of

the definition in section 2 (a) and not excluded from being considered as

other in need of protection under section 2 c. Law (2009:1542).



3 b of the question of status explanation may not be considered if

application for asylum is rejected in accordance with Chapter 5. paragraph 1 (b) or (c) section

paragraph. Law (2009:1542).



3 c § A foreigner who has been granted a residence permit in

Sweden may apply for the status. Such an application shall

tested in accordance with paragraph 3 or 3. Law (2009:1542).



Travel documents



4 section For a refugee or stateless person may be issued a special

that document for travel outside Sweden (travel documents).

The Government may announce further provisions concerning

travel documents.



A foreigner who ceases to be a refugee or other

protection status



paragraph 5 of The refugee ceases to be a refugee, if he or she:



1. free will again make use of the protection of the country in which

He or she is a national,



2. free will once again acquires the citizenship that he

or she had loss,



3. acquire the citizenship of another country and receive the

the country's protection,



4. has voluntarily re-established himself in the country where the

He or she is a national or stateless had previously

their place of residence, or



5. because of the significant and lasting changes in

the home Member State or in the country where he or she as a stateless

earlier, his place is no longer shown, els is in a

such a situation that he or she can be considered as a refugee and

cannot continue to refuse to avail themselves of the home

or stay the country's protection.



First paragraph 5 does not apply to a refugee who, because of

previous persecution have serious reasons not to

like to make use of the protection of the country of which he or she is

a national or in which he or she had that stateless

their place of residence. Law (2014:1400).



5 a of A foreigner ceasing to be alternative

protection status or other protection on the

circumstances such as entailed that he or she was assessed as

protection status no longer exist or have changed to such an

the extent of that protection is no longer needed. The analysis must

only significant and lasting changes are taken into account.



The first paragraph does not apply to an alien who, because of

previous experiences that formed the basis for protection needs have

compelling reasons to not want to use the

protection of the country of which he is a national or in which he

or she as stateless former had their place of residence.

Law (2014:1400).



Withdrawal of status explanation



5 b of A refugee status explanation should be revoked, if it

arrive to the foreigner cannot be considered a refugee.



If there are such circumstances set out in paragraph 3 of the other

paragraph, a declaration of refugee status revoked.

Law (2009:1542).



5 c § an alternative protection status explanation shall be revoked, if

It concludes that the alien cannot be considered

subsidiary protection status.



An additional protection status explanation shall be revoked, if it comes

out that the alien cannot be considered as other

protection status. Law (2009:1542).



Readmission of subsidiary protection status who have the status of

habitually resident in another EU Member State and their

family members



5 d § If another Member State has imposed on a foreign national who has

long-term resident status in that Member State and which have

refugee status explanation or alternative

protection status Declaration in Sweden to leave the State,

He or she is taken back to Sweden. The same applies to his

or her family members, if they have been ordered to leave the

other EU Member State by a decision taken in connection

with the decision in respect of the foreign national. Law (2014:198).



Determining authority, etc.



paragraph 6 of the decision pursuant to this chapter are notified by the Immigration Agency.



The Swedish Migration Board shall not grant the status Declaration for a

an alien who has been expelled by court because of

crime. If such a foreigner applying for status explanation and

Immigration Service finds that he or she should be granted

status explanation, should not decide the matter without with

own opinion leave this to the Migration Court to

the Administration's decision on status explanation could

subject to appeal. Law (2009:1542).



Temporary protection



Article 7 special provisions regarding temporary protection in a

mass evacuation situation, see Chapter 21.



Protection of tribunalvittnen



section 8 special provisions on the protection of persons who testified

or will testify in proceedings before an international

Court or tribunal, as well as their close relatives, see 22

Cape.



Chapter 5. Residence permit



Residence protection status



1 § Refugees, subsidiary protection, and other

protection status in Sweden has the right to

residence permit.



A residence permit may be refused a refugee if he or

She



1. by means of a particularly serious crime has shown that it would

be fraught with serious danger to public order and

security to let him or her stay in Sweden, or



2. has engaged in activities which endangered the for the

Security and there is reason to believe that he or she

would continue operating here.



A residence permit granted pursuant to the first subparagraph shall

be permanent or expire for at least three years. If a new

temporary residence permit granted to a foreign national who

has been granted a temporary residence permit pursuant to

the first subparagraph shall apply to the new State for at least two years.

The first two sentences shall not apply if the mandatory

view of national security or public

the order requires a shorter period of validity. The period of validity

shall not be less than one year. Law (2014:1400).



1 a section Of a foreigner who has a time-limited

residence status explanation after application

According to Chapter 4. 3 c §, period of validity of the residence permit

be reviewed and determined in accordance with the provisions of paragraph 1 of the

third paragraph. Law (2009:1542).



1 b of an asylum application may be rejected if the applicant



1. in another EU State has declared to be a refugee or

subsidiary protection status,



2. in a country that is not a European State has been declared

refugee or have equivalent protection, if the applicant will

admitted into the country, and which is protected from persecution

and to be sent to another country where he or

She runs the risk of persecution, or



3. can be sent to a country where he or she



-not likely to be exposed to persecution,



-not likely to be exposed to the death penalty, corporal punishment,

torture or other inhuman or degrading treatment

or punishment,



– is protected against being sent on to a country where he

they do not have equivalent protection;



– have the opportunity to apply for protection as a refugee, and



– has such a connection to that country that it is

reasonable for him or her to travel there.



In the case referred to in the first subparagraph 3 may, however, the application does not

be rejected if



1. the applicant has a spouse, a child or a parent who is

resident in Sweden and the applicant does not have an equally close

family ties to the country to which the enforcement of a

rejection or expulsion order may be made, or



2. the applicant due to previous long-term stay in Sweden

with a residence permit or right of residence has a special

linked here and has no such affiliation or affiliation

through family members in the country to which the enforcement of a

rejection or expulsion order can be made. Law (2014:792).



1 c of the Dublin Regulation contains provisions on the transfer of

asylum seekers who apply vis-à-vis EU Member States plus Iceland,

Norway, Switzerland and Liechtenstein.



When deciding on the transfer under the Dublin Regulation should

application for asylum is rejected. Law (2011:1209).



section 2 of the residence permit shall be granted to a foreigner who has been

received in Sweden within the framework of a decision that the Government has

announced on the transfer of protection status to Sweden

(resettlement).



Residence permits for family members of beneficiaries of subsidiary protection

withdrawn pursuant to Chapter 4. § 5 d



2 a section Of a refugee or subsidiary protection status who

withdrawn pursuant to Chapter 4. § 5 d has been given

residence permit, should be granted a residence permit for the same time

also to the members of his family who has

withdrawn, according to the same provision.



A residence permit may be refused a family member who is

a threat to public order and security. Law (2014:198).



Residence permit for foreigners who have the status of


habitually resident in Sweden



2 b of the Permanent residence permit shall be granted to the

granted long-term resident status in Sweden.

Law (2014:198).



paragraph 2 (c) a foreign national who has long-term resident status in

Sweden and which, by reason of stay outside Sweden lost

his residence permit shall, upon application, is given a new

residence permit if he or she returns to Sweden

to settle here. Law (2014:198).



Residence permits for family members of foreign nationals

have the status of permanent resident in Sweden and

withdrawn under 5 (a). 7 §



section 2 (d) If a foreign national who has long-term resident status

in Sweden, and which have been withdrawn pursuant to a Cape. section 7 has

been given a residence permit, residence permit for the same

time is also given to members of his family who has

withdrawn, according to the same provision.



A residence permit may be refused a family member who is

a threat to public order and security. Law (2014:198).



A residence permit on the grounds of affiliation



paragraph 3 of the residence permit shall, subject to

17-17 b sections, given to



1. an alien who is the spouse or common-law partner of someone who is

resident or have been granted a residence permit for

residence in Sweden,



2. a foreign child who is unmarried and



(a)) have a parent who resides in or has been granted

residence permit for residence in Sweden, or,



(b)) has a parent who is married or in a relationship with someone who is

resident or have been granted a residence permit for

residence in Sweden,



3. a foreign child who is unmarried and who have adopted

or referred to be adopted by someone who at the time of

the adoption decision was and still resides in or has

been granted a residence permit for residence in Sweden, if

the child is not covered by 2 and if the adoption decision



– has been notified or provided may be communicated by the Swedish

Court,



– apply in Sweden under the Act (1971:796) concerning international

legal relations concerning adoption, or



– apply in Sweden pursuant to lagen (1997:191)

Sweden's entry to the Hague Convention on protection of children and

cooperation in international adoptions,



4. an alien who is a parent of an unmarried foreign children

who is a refugee or otherwise in need of protection, if the child at

arrival in Sweden was distinct from both of their parents

or from any adult person may be deemed to have entered into

the parents ' place, or if the child is left alone after

arrival, and



5. a foreigner who is a parent of an unmarried foreign children

who is a refugee or otherwise in need of protection, or another

adult person must be deemed to have come into the parents ' place, if

the alien is in Sweden and the decision on his or

her application for asylum is made in connection with the decision on the child's

application for asylum.



When an application for a residence permit based on a resolution regarding

adoption given by a Swedish court, it shall

extension that has been raised by the decision in the case

about residence permits.



The residence permit issued under this section shall apply to at least one

year. Residence permits granted to an unmarried child under the

first subparagraph 2 (b) shall apply to the same time as the parent's

residence permit. If a new fixed-term

a residence permit may be granted to an alien who, with the support of

the first subparagraph of paragraph 1, 2, 4 or 5 have been granted a

temporary residence permit on the basis of affiliation to the

a protection status, the new permit valid for at least two

years, unless compelling reasons of national security

or public order requires a shorter

period of validity. Law (2014:1400).



3 a of the residence permit shall, unless otherwise provided in section 17

second subparagraph, given to



1. a foreigner who intends to marry or

enter into a common-law relationship with a person residing or

which have been granted a residence permit for settlement in

Sweden, the relationship appears to be serious and do not

special reasons speaking against that permission is granted,



2. a foreigner who is in any way other than pursuant to section 3 of

or in this paragraph is close relative of someone who is

resident or have been granted a residence permit for

residence in Sweden, if he or she has been part of the same

household as the person and there is a particular

dependence between the relatives who were already in

the home Member State,



3. an alien who is a parent and guardian

and live with a child who is resident in Sweden,



4. an alien shall exercise rights of access, which are not of

limited in scope, with a child who is resident in Sweden,

and



5. a foreigner who has Swedish origins or as long

time has lived in Sweden with a residence permit.



If a foreigner has been granted a residence permit pursuant to the first

paragraph 1, a residence permit for the same time should also be given to

the alien's unmarried children.



When there are serious reasons, residence also in

other cases than those referred to in the first and second subparagraphs shall be granted

a foreign national who



1. is adopted in Sweden in adulthood,



2. is a family member of a foreign national who is a refugee or other

protection status, or



3. otherwise has special ties to Sweden.

Law (2014:778).



3 b of residence permit because of ties to a

person as referred to in paragraph 3 or paragraph 3 may be granted only if the person

as a foreigner claiming affiliation with can make a living and

has a dwelling of adequate size and standard for itself and

the foreigner. Law (2010:175).



3 c § requirements of section 3 (b) does not apply if the person who

foreigner claiming affiliation with is



1. a child,



2. a citizen of Sweden, another EEA State or Switzerland,



3. an alien who has been granted a residence permit

refugee or declared to be a refugee,



4. a foreigner who received in Sweden within the framework of a

Government has announced on the transfer of

protection status to Sweden (resettlement),



5. an alien who has been granted a residence permit

subsidiary protection or have been declared to be

subsidiary protection status, or



6. a foreigner who has a permanent residence permit and who

have lived in Sweden with a residence permit for settlement in

at least four years. Law (2010:175).



3 (d), the requirements of § § 3 (b) does not apply if the applicant is a child and

the child claiming affiliation to the parent.

The requirements in paragraph 3 (b) does not apply if the child's other parent

an applicant for a residence permit together with the child.

Law (2010:175).



3 (e) in addition to what follows from § 3(c) and (d) sections, exemptions

from the requirements of section 3 (b) is permitted in whole or in part, if there is

special reasons. Law (2010:175).



A residence permit on the basis of Sweden's international

commitments



section 4 If an international agency, which has jurisdiction to review

complaints from individuals, found that a decision of rejection

or penalty in a particular case violates a Swedish

Convention obligations, the residence permit is given to the

the scope of the decision, unless special reasons speaking against that

a residence permit is given.



Residence permit for work, training on

graduate level or supply otherwise



paragraph 5 of a permanent residence permit may be granted to a foreigner

as in four years during the past seven years has had



1. the residence permit for work or EU blue card issued by

Sweden, or



2. residence permit for studies in education at the

graduate level.



A residence permit may be granted to a foreigner who has their

supply arranged otherwise than by employment. If

the foreigner will conduct business activities, he or she

have the ability to pursue the activity in question.

Law (2014:777).



Residence permit due to extremely distressing

circumstances



section 6, if the residence permit cannot be used on other grounds,

permission is granted to a foreigner if, upon an overall

assessment of the alien's situation are such highly

distressing circumstances that he or she should be allowed to stay

in Sweden. In the assessment, the alien's State of health,

adapting to situation in the home country Sweden and especially

be taken into account.



Children receive a residence permit as referred to in the first subparagraph

granted if circumstances are particularly distressing.

Law (2014:433).



Temporary residence permit



section 7 of the residence permit shall be limited if it with

into account the alien's expected way of life prevails

doubts about residence permits should be granted.



section 8 A residence permit granted to aliens under paragraph 3 of

first subparagraph of paragraph 1 or 3: (a) paragraph 1 shall be

limited time at the first moment of decision-making, unless the



1. alien resident abroad with their spouse or common-law partner

for a long period of time, or



2. the otherwise clear that the relationship is well

established. Law (2015:91).



§ 9 A residence permit granted under section 6 of the

because of illness, shall be limited in time if the alien's

illness or need for care in Sweden is transient in nature.



section 10 of A temporary residence permit may be granted a

a foreigner who wishes to stay in this country for work, studies,

visit or to conduct business. Law (2008:884).



section 11 of A temporary residence permit may be granted if the

There is a barrier, that is not made up, against a

rejection or expulsion order is enforced.



section 12 of A temporary residence permit may be granted a


foreigner who need care under the Act (1990:52) with special

provisions on the care of young people.



section 13 A temporary residence permit may be granted to a child

or, if the child's or man's presence in Sweden is

necessary to a paternity investigation shall be

implemented.



section 14 for a temporary residence permit granted to a child

According to section 12 or 13, receive a temporary residence permit

is also granted to the child's guardian.



section 15 of A temporary residence permit for at least six months

shall, on the request of investigating leader is given to a

alien residing here, if



1. the need for investigation or trial in

criminal proceedings shall be conducted,



2. He clearly demonstrated its willingness to cooperate with the

investigating authorities,



3. He severed all relations with those individuals who are

suspected of crimes as the investigation relates, and



4. account of public order and security does not speak

receive that permission is granted.



If the foreign national would have time to recover and for

to be able to take a position on whether he or she wants to collaborate with

the investigating authorities, on the application of

investigating the leader a temporary residence permit if

30 days shall be given only if the conditions set out in the first

paragraph 1 and 4 are met.



A residence permit issued in accordance with the first subparagraph,

may be extended if the investigating leader requests it and the where

specified conditions are still met. A

a residence permit issued in accordance with the second subparagraph,

may be extended if the investigating leader requests it, that of

specific reasons there is a need for a longer period and the

conditions provided for in the first subparagraph 1 and 4 are still

are met. Law (2007:322).



15 a of A temporary residence permit may be granted a

a foreigner whose application for a residence permit as a refugee

According to Chapter 4. section 1 or any other in need of protection pursuant to Chapter 4. 2

or 2 a of or the equivalent older rules rejected

by a final decision, if the foreign national resides here

and



1. at least four months, a employment that meets

the requirements set out in Chapter 6. paragraph 2 of the first paragraph, a

period of at least one year from the time of the application, or



2. under section 3(1) 1-4, paragraph 3 (a) 1

or second paragraph has strong ties to a person who

been granted a residence permit according to 1.



An application for a residence permit pursuant to the first

subparagraph shall be submitted to the Immigration Office within two

weeks after the decision to refuse the application if

residence permit as a refugee or other protection status

has become final. Law (2014:777).



15 b of A temporary residence permit shall, on the application of

The police authority is granted to an alien who is the subject of

especially personal security work under 2 a of the law on police

(1984:387). a residence permit shall be valid for at least one year.

Law (2014:655).



15 c § A temporary residence permit shall, on the application of

social welfare is granted to a child referred to be placed here

It is classified under Chapter 6. 11 a of the Social Service Act (2001:453) if

a residence permit is necessary for their stay. The residence permit

should be valid for at least one year. Law (2012:322).



15 d § an alien with a residence permit under section 15 may,

According to the application, for the time after the State

period of validity may be granted a temporary residence permit,

If the alien



1. has cooperated with the investigating authorities in a

investigation into offences under Chapter 20. section 5, and



2. have brought an action for arrears of remuneration for work

According to the law (2013:644) on the right to salary and other remuneration

for work of a foreigner who does not have the right to

staying in Sweden. Team (2013:646).



Residence permit extension



section 16 of an alien under section 8 has been granted a

a residence permit because of the family connection

may be granted a new temporary or permanent

a residence permit on the basis only of the relationship

made up.



A foreigner who has family ties in accordance with paragraph 3 of the first

paragraph 1 or 2 or 3 a of the first subparagraph 1 or other

paragraph, and who has had temporary residence permits in two

year may be granted a permanent residence permit. If there is

specific reasons, the permanent residence permit are given before

the two-year period.



Have a relationship ended receive a residence permit nonetheless is given, if



1. He has a special connection to Sweden,



2. the relationship has ceased mainly due to the

the ratio of the alien or the alien's child, victims of

violence or other serious infringement of their freedom or

peace, or



3. other strong reasons suggest that the foreigner will be given

continued residency. Law (2006:220).



16 a of a foreigner under section 15 (b) has been granted a

temporary residence permit when the authorization expires,

at the request of the police authority, granted a permanent

residence permit if he or she is still subject to

especially personal security work under 2 a of the law on police

(1984:387). Law (2014:655).



16 b of a child pursuant to § 15 c has been granted a

temporary residence permit shall, when the permit expires,

on the application of social welfare is granted a permanent

residence permit, if the child is still placed it in

the country. Law (2012:322).



16 c § redesignation 2 c § by law (2014:198).



Special reasons for granting a residence permit



section 17 of the examination of an application for a residence permit

under this chapter shall, except in the cases referred to in 1, 2,

2 (a), 2 (d), 3 or 4 sections, special consideration shall be given to whether the applicant made

guilty of crime or crime of Association

with other misconducts. The award of a residence permit

According to paragraph 3 (a) 1 and the second subparagraph, the

Special consideration shall be given to whether the alien or the alien's child,

likely to be exposed to violence or other serious violation

of their liberty or peace if the residence permit would

is granted.



Residence permit under paragraph 3(1) and (2) or (3)

paragraph 3 (a) may be granted only after consent also

of the parent to which affiliation is not invoked, if the

parents have some in the custody of the child.



Residence permit shall not be granted to a person who has

long-term resident status in another Member State, or his

or her relatives, if the person poses a threat to public

order and security. Law (2014:198).



17 a of the residence permit may be refused in cases referred to in

section 3, if



1. false statements knowingly made or circumstances

consciously been unjustly concealed relevant to get

the residence permit,



2. an alien is adopted or a marriage entered into or

a common-law relationship commenced solely in order to provide

the alien is entitled to a residence permit, or



3. If the alien is a threat to public order and

Security.



A residence permit may be refused even in cases referred to in

section 3(1) 1 or 2 (b), if



1. the spouses or partners are not living together or not

such an intention,



2. the person to whom affiliation is claimed or the foreigner

seeking residence permits are married or cohabiting with someone

other, or



3. either of the spouses or the partners are under 18 years of age.



In determining whether a residence permit should be refused shall

taking into account the alien's other living circumstances and

family relationships. Law (2006:220).



17 b of the residence permit shall be refused in the case referred to in

section 3(1) 1 or 2 (b) if the person to whom the

affiliation is claimed is married to another person and to live together

with that person in Sweden. Law (2006:220).



When the application for a residence permit shall be made



18 § A foreigner who wants to have a residence permit in Sweden

must have applied for and been granted such permission before

entering the country. An application for a residence permit shall not

be accepted after entering.



The first paragraph does not apply if



1. the foreigner has the right to a residence permit here as

refugee or subsidiary protection status pursuant to section 1 of the other or may

This is granted a residence permit pursuant to chapter 21. 2, 3

or paragraph 4,



2. the foreigner by virtue of paragraph 6 should be granted

residency here,



3. an application for residence permits relating to the extension of a

temporary residence permit granted to a foreigner

with family ties by virtue of section 3(1) 1 or

2 (b) or 3 (a) or paragraph 1, second subparagraph,



4. the foreigner can be granted or has a time-limited

This residence permit pursuant to section 15,



5. the foreigner under section 3(1) 1 – 4, 3 a of the first

paragraph 1 – 4 or second paragraph has strong ties to a

person who is resident in Sweden, and it is not reasonably

be required to the foreigner travelling to another country to provide

in the application there,



6. the foreigner has the right to a residence permit on the basis of

3 paragraph 5,



7. an application for residence permits relating to the extension of a

temporary residence permit pursuant to section 10 has

granted to a foreigner in the cases referred to in Chapter 6. paragraph 2 of the first

subparagraph,



8. the foreigner can be granted a residence permit under 15 a

or section 15 d,



9. the foreigner under section 10 has been granted a

temporary residence permit for studies and either

completed studies that corresponds to 30 ECTS credits or


completed a semester at the graduate education,



10. the foreigner has the right to a residence permit under 2 (a)

or (d) of section, or



11. There are serious reasons.



The first paragraph does not apply if the alien has

granted a visa to visit an employer of

Sweden or are exempt from the visa requirement if he

or she is applying for a residence permit for work in

a type of work where there is a high demand for

labour. A further condition is that the

the employer would be caused inconvenience if the alien

must travel to another country to submit the application where

or that there are special reasons otherwise.



At the unfairness under the second subparagraph 5 shall

the consequences for a child to be separated from their parent

Special consideration shall be given, if it is clear that the residence permit

If the trial would have been made before the entry into

Sweden.



In the case of residence permits for foreign nationals to be

be rejected or expelled pursuant to a decision that has a Cook

force applies the provisions of paragraphs 15 (a) and 20 and 12.

16 (b), 16 (c) and sections 18 to 20. Law (2014:1400).



18 a of that provided for in section 18, first paragraph does not apply

for a foreigner who applies for a residence permit in accordance with paragraph 5 of

the first paragraph or a residence permit for work pursuant to paragraph 10 of

If the foreign national has an EU blue card issued by Sweden or

have or have had an EU blue card issued by Sweden and have

withdrawn according to 6 a kap. section 14.



An application for a residence permit after entering in Sweden,

also be accepted for a family member of a foreign national who

referred to in the first subparagraph, if the foreigner is granted

residence permit pursuant to the provisions set out therein.

Team (2013:606).



§ 19 an application for residence permits relating to the extension of

an ongoing visit or any other temporary stay here

the country may be granted even though the foreigner staying in Sweden,

If there are compelling reasons for extension of the duration of the stay.



Deciding authorities



section 20 decision on the residence permit issued by

The Swedish Migration Board.



The Swedish Migration Board shall not grant a residence permit to

an alien who has been expelled by court because of

crime. If the Immigration Service finds that such a foreigner should

be granted a residence permit under Chapter 12. 16 b, should work

not decide the matter without having an own opinion turn over

this to the Migration Court to which the Board's decision

about residence permits could be appealed.



Decision on a residence permit may also be notified by

The Government offices. Team (2013:648).



section 21 Of Chapter 8. section 27 of the Court that is trying

appeal of decisions on the expulsion and deportation of some

cases also may decide on the residence permit. Law (2014:198).



Appropriations



section 22 of the Government or by government authorization

The Swedish Migration Board may provide that other

authorities have the right to decide on the residence permit.



section 23 of the Government may provide for

residence permit for study or visit.



The Government may provide for residence permits for

a foreigner who completed a university degree for which

residence permit for studies granted and of his or

her family members.



The Government may provide that an application for

a residence permit may be granted if it follows a

agreement with a foreign State.



The Government may provide for when residence permits

may be granted to a foreigner who has long-term

resident in another EU Member State, and to relatives of such a

foreigner.



The Government may provide for residence permits for

research and for accompanying family members to a

an alien who has been granted a residence permit for

research.



The Government may provide for residence permits for

family members of a foreigner who has been granted

residence permit for work, study or

trade or business. Law (2014:777).



section 24, the Government may, in the case of a certain group of foreigners

provide for permanent residency because

they're the other subsidiary protection status pursuant to Chapter 4. 2 a §.

Law (2009:1542).



section 25 of the Government may provide for the

a residence permit may not be granted for other

subsidiary protection status pursuant to Chapter 4. 2 a § if necessary, therefore, to

Sweden's chances of receiving foreigners has become

limited.



Government shall notify such provisions to Parliament by

a separate report within three months. Law (2009:1542).



section 26 is repealed by law (2009:1542).



paragraph 27 of the Government or the authority, as the Government determines

may provide for the supply capacity and residence of

adequate size and standard according to § 3 (b). Law (2010:175).



5 a Cape. Long-term resident status in Sweden



The conditions to be granted long-term resident status

in Sweden



§ 1 an application from a foreign national for long-term

a resident of Sweden shall be granted if the applicant has resided in

Sweden continuously for at least five years and during this time

has had, and has, at the time of application,



1. a permanent residence permit,



2. long-term resident status in another Member State and

residence permit in Sweden, or



3. a residence permit in Sweden as a family member of a person

with long-term resident status in another EU State.



In the calculation of the duration of stay will be time when the applicant had

residence permit for settlement shall be taken into account. At

the calculation of the duration of stay for an applicant who has

refugee status explanation pursuant to Chapter 4. section 3 or alternative

protection status explanation pursuant to Chapter 4. 3 a of the first subparagraph,

also taken into account the time between the date on which the application for asylum or

petition for new trial was filed and the date of the asylum

was granted.



In the calculation of the duration of stay should stay in Sweden by

temporary reasons or for studies shall not be taken into account.



Stay outside Sweden for less than six months in

as a result, and not more than ten months in total in

the five-year period shall not be considered as interruptions to the stay.

Law (2014:198).



1 a of an application from a foreign national for long-term

a resident of Sweden shall be granted if the applicant has resided in

The territories of the Member States of the European Union without interruption

for at least five years and during this time had EU blue card in a

or more Member States. By the time specified, the applicant shall

in the last two years, counting from the time of the application have been

EU blue card under 6 a kap. § 1.



When calculating the duration of stay in accordance with the first subparagraph, first

the sentence should stay in another Member State is less than

eighteen months is not taken into account.



Stay outside the Member States of the European Union

territories for less than 12 consecutive months and

not more than eighteen months in total, in the calculation of

duration of stay in accordance with the first sentence of the first subparagraph do not

be considered disruption of the stay. Law (2014:198).



section 2 of the order to be granted long-term resident status in Sweden

the applicant must be able to support themselves and their families with

own resources so that the basic needs of living and housing

are catered for.



The Government or the authority that the Government may

provide for the requirement of supply capacity.

Law (2006:219).



section 3, A person who poses a threat to public order and security

may not be granted long-term resident status in Sweden.

Law (2006:219).



section 4 of the long-term resident status in Sweden shall not

granted



1. nationals of an EU Member State, or



2. other subsidiary protection status pursuant to Chapter 4. 2 a §.

Law (2014:198).



Withdrawal



paragraph 5 of the long-term resident status in Sweden to be revoked

If granted such status



1. deliberately supplied incorrect information or concealed

circumstances, which were of importance to get

status,



2. deported,



3. constitute a threat to public policy,



4. have resided outside the Member States of the European Union

territories for 12 consecutive months,



5. have resided outside the Swedish territory for six years in

as a result, or



6. given the status as a permanent resident in another EU State.



If the status of long-term resident in Sweden have been granted with

under paragraph 1, the period in the first paragraph 4 be

twenty-four months. Team (2013:606).



section 6 of The who lost his status as a permanent resident in

Sweden due to stay outside of Sweden and

The territories of the Member States of the European Union to regain

This application, regardless of the requirements on length of stay under 1

or 1 a of, if



1. he or she has been granted a permanent

residence permit or a residence permit, aiming at

settlement under Chapter 5.,



2. the subsistence requirement in paragraph 2 are met, and



3. There is no impediment pursuant to paragraph 3.

Team (2013:606).



Readmission of aliens who have long-term

resident in Sweden and their family members



7 § If another EU State has imposed on a foreign national who has

long-term resident status in Sweden to leave the

State, should he or she be taken back to Sweden. The same

for his or her family members, if they are assigned to

dropping the second EU State by a decision

taken in the context of the decision regarding the alien.

Law (2014:198).



Determining authority



paragraph 8 of Decision in cases of long-term resident status in

Sweden announced by the Swedish Migration Board. Law (2014:198).



Chapter 6. Work permit



section 1 of the employment permit shall be for a fixed period. It may relate to a

certain types of work and unite with other conditions


needed.



To a foreigner who has a permanent residence permit not

need to have a work permit can be seen from Chapter 2. 8 c § 3.

Law (2014:198).



2 § work permits may be granted to a foreigner who offered a

employment, if



1. the employment enables him or her to

make a living, and



2. salary, insurance coverage and other conditions of employment

no worse than the conditions laid down in Swedish

collective agreements or practices in the profession or industry.



Work permit referred to in the first subparagraph may be applied only if the

the recruitment process is consistent with Sweden's commitments

within the European Union.



A work permit may also be granted to a foreigner who is participating in a

international exchanges or according to a

international agreement or agreement with another country.

Law (2008:884).



2 a of a work permit under paragraph 2 of the first subparagraph shall not

be given for longer than two years. It must also not be for longer

time than the period of employment.



The total permit time for work permit under paragraph 2 of

the first subparagraph may not exceed four years. If there are particular

reasons may, however, permit a maximum of the total be six

year.



A work permit under paragraph 2 of the first subparagraph shall be attached to the

some employers and refer to a particular kind of work. After

a total of permit time for two years the authorisation shall be linked

only to a certain kind of work. Law (2014:777).



3 § work permits may be granted to a foreigner who has

temporary residence permit, unless the reasons attributable to

the purpose of the residence permit is talking in that regard.



To a permanent residence permit may be granted for some

workers shown in Chapter 5. § 5.



When the application for the work permit shall be made



section 4 of the aliens who want to have a work permit in Sweden should have

have applied for and been granted such a permit before entering in

the country. An application for a work permit may not be granted after

entry except in the cases referred to in Chapter 5. section 18 of the second and third

subparagraphs (a) and section 19, paragraph 18, which provisions apply to

Accordingly, in the case of a work permit. Team (2013:606).



Deciding authorities



paragraph 5 of the decision on the work permit issued by the Immigration Office.



Decision on work permits in certain cases



section 6 Of Chapter 8. section 27 of the Court that is trying

appeal of decisions on the expulsion and deportation of some

cases also may decide on a work permit. Law (2014:198).



Appropriations



section 7 of the Government or by government authorization

The Swedish Migration Board may provide that other

authorities have the right to decide on a work permit.



§ 8 the Government may announce further provisions concerning

work permit.



6 a kap. EU blue card



Conditions for authorisation



§ 1 A foreigner who offered a highly qualified employment

in Sweden with a seniority of at least one year shall, unless

subject to the provisions of paragraph 2 or 3, may be granted a residence and

work permits for highly qualified employment (EU blue card),

If



1. the wage is at least one and a half times the average

gross annual salary in Sweden (the threshold),



2. salary, insurance coverage and other conditions of employment

no worse than the conditions laid down in Swedish

collective agreements or practices in the profession or industry,



3. he can demonstrate that he or she has, or has

applied for, a comprehensive sickness insurance cover in the three

months from entry into Sweden, and



4. the recruitment procedure is consistent with the Swedish

commitments in the European Union.



A position is considered to be highly qualified for the

assume that the alien has relevant and specific

skills for it in the form of completed studies corresponding to

180 ECTS credits or 5 years of professional experience in the profession

or the industry in which the employment concerns.



If the high-skilled employment refers to a regulated profession

should the foreigner force permission to practice the profession in

Sweden. Team (2013:606).



Article 2 of the EU blue card shall not be granted to an alien who



1. are EEA nationals or nationals of Switzerland or are

a family member of such citizen,



2. have been granted a residence permit under Chapter 5. 1 or

15 b, 12. 18 section 1, chapter 21. or Chapter 22.

or has applied for such authorization and the application is not yet

pending final,



3. has applied for a residence permit in order to carry out research

in Sweden under a hosting agreement concluded pursuant to

Act (2008:290) for marketing research principals to take

received a visiting scholar,



4. have long-term resident status in another Member State and

exercising their right to reside in Sweden as workers

or self-employed,



5. travelling into Sweden in accordance with commitments under a

international agreement facilitating the entry and temporary

stay for some categories of people related to

trade and investment,



6. have been granted a work permit, or is exempt from

the requirement of a work permit for seasonal work in Sweden,



7. have a final rejection or expulsion order

that cannot be enforced, or



8. is posted in Sweden under the Act (1999:678) if

the posting of workers. Team (2013:606).



section 3 of an EU blue card should not be granted to a foreigner



1. showing up documents in support of the application which has

acquired fraudulently, falsified or altered

in any respect, or



2. constitute a threat to public policy, public security or

general public health. Team (2013:606).



When the EU blue card shall be made



section 4 of the aliens who want to have an EU blue card in Sweden should have

have applied for and been granted such a permit before entering in

the country. An application may not be accepted after entering.



It provided for in the first subparagraph shall not apply if

the foreigner



1. applying for renewal of the permit time for an

EU blue card,



2. have an EU blue card and apply for a new one,



3. have a temporary residence permit for studies and

have completed studies corresponding to 180 ECTS credits,



4. has conducted a research project in Sweden according to a

hosting agreements concluded under the Act (2008:290) if

marketing research principals to receive visiting researchers,

or



5. have withdrawn under section 14.



It provided for in the first paragraph also does not apply if

the alien resident in another EU State for eighteen months and

During this period had EU blue card issued by the State, if

application is filed later than one month after entering the territory of Sweden.

Team (2013:606).



State time



5 § the EU blue card shall be valid for not more than two years with the

possibility of extension as shown in section 6. If

the period of employment is less than two years, the EU blue card shall apply

during the period of employment with an extension of three months.

The validity period shall not be longer than two years.



The total permit time for one or more

The EU blue card shall not exceed four years.



To the one that had EU blue card during a total period of four

year may be granted permanent residence status is shown by

Chapter 5. § 5. Team (2013:606).



Extension of authorization time



section 6 of the licence period for an EU blue card shall be extended if the

the conditions in paragraph 1 are fulfilled and the total

State the time not exceeding the period specified in paragraph 5 of the second

paragraph.



Permit time for an EU blue card shall not be extended if



1. the State has acquired fraudulently,



2. evidence of the condition has been counterfeited or altered in any

regards,



3. the alien at the time of the application in respect of the EU blue card

did not meet the requirements in paragraph 1,



4. the foreigner staying in Sweden for reasons other than those

The EU blue card was granted,



5. He has switched to another job or to

a different type of work than what the EU blue card is tied to,



6. the foreigner has not fulfilled the obligation

According to § 9, or



7. the alien poses a threat to public policy, public

security or public health.



It provided for in the second subparagraph of paragraph 6 shall not prevent

permit time for an EU blue card will be extended if the alien

shows that the failure to comply with the notification requirement of

section 9 is due to reasons that he or she does not control.

Team (2013:606).



State linked to a particular job and a certain

kind of work



section 7 of the EU blue card shall during the first two years linked to the

a certain employment and refer to a particular kind of work.

Thereafter, the EU blue card will only be attached to a given type

of work.



In the calculation of the two-year period during which the EU blue card

should be tied to specific employment that kind of work,

also the time that the foreigner had a previous EU blue card

issued by Sweden.



If employment is terminated during the authorisation period for a

EU blue card, the foreigner staying in Sweden for three

months of applying for new employment. The time period begins

run when the employment relationship is terminated. Team (2013:606).



section 8 A foreigner who want to switch to another employment than

the EU blue card is linked to in the first two years,

or who want to switch to a different type of work, must apply for

a new EU blue card. Team (2013:606).



Notification obligation



§ 9 The as have an EU blue card shall notify the

The Immigration Agency if



1. the employment relationship is terminated, or



2. the agreed salary no longer reaches up to the

the payroll threshold that is the basis for the EU blue card.

Team (2013:606).



Residence permits for family members




section 10 of the members of the family referred to in Chapter 5. section 3(1)

1-3 to an EU blue card, shall be granted

residence permit. The family member's residence permit shall

apply for the same time as the EU blue card.



For children claiming affiliation to the EU blue card

or to his or her spouse or common-law partner applies to Chapter 5.

paragraph 17, second paragraph.



A residence permit may be refused in cases referred to in Chapter 5. 17 (a)

and 17 (b) § § except in the case of a family member who has

granted the residence permit issued by another EU Member State on the basis of

connection to a foreigner who has EU blue card issued by

the State. Team (2013:606).



When the application for a residence permit of a family member shall

be made



section 11 of a family member referred to in section 10 shall be applied for and

granted a residence permit before entering the country. A

the application may not be accepted after entering.



It provided for in the first subparagraph shall not apply if



1. the application for residence permits relating to the extension of a

temporary residence permit granted on the basis of

affiliation with a foreign national who has an EU blue card,



2. the applicant has been granted a residence permit of another

EU State because of ties to an alien as referred to in

section 4, third subparagraph, if the application is filed within one month after

entry in Sweden, or



3. the family member has been withdrawn under section 14 and the person

as the family member related to applying for new

EU blue card. Team (2013:606).



Revocation of authorization



section 12 of the EU blue card shall be withdrawn if the



1. the State has acquired fraudulently,



2. evidence of the condition has been counterfeited or altered in any

regards,



3. the alien at the time of the application in respect of the EU blue card

did not meet the requirements in paragraph 1,



4. the agreed wage according to article 1, first paragraph 1 no longer

meet the payroll threshold that is the basis for the

The EU blue card,



5. the conditions of paragraph 1(1) 2 is no longer

met,



6. the foreigner staying in Sweden for reasons other than those

The EU blue card was granted,



7. He has switched to another job or to

a different type of work than what the EU blue card is connected

to,



8. He has been unemployed for more than three months

in consequence,



9. the foreigner has not fulfilled the obligation

According to § 9, or



10. the alien poses a threat to public policy, public

security or public health.



An EU blue card shall not be withdrawn pursuant to the first paragraph 9 of

the alien demonstrates that the failure to fulfil

notification under section 9 is due to reasons that he

they do not control. Team (2013:606).



section 13 granted a residence permit as a family member

under section 10 may be withdrawn if the



1. the affiliation to the EU blue card is broken or if

his or her EU blue card is revoked, or



2. the family member poses a threat to public policy, public

security or public health. Team (2013:606).



Readmission of an alien who has the EU blue card holder and his or

her family members



section 14 On another EU State has rejected an application for

EU blue card from a foreigner who has, or at the time of

application in the other EU Member State had, an EU blue card issued

of Sweden, and the second EU State has imposed on the alien and

accompanying family members to leave the Member State,

they are taken back to Sweden.



The alien and his or her family members who have

withdrawn may be present in this country for three months from the entry

even if the EU blue card is no longer valid or has

been revoked. Team (2013:606).



Determining authority



section 15 decision pursuant to this chapter are notified of

The Swedish Migration Board. Team (2013:606).



Regulations on salary threshold



paragraph 16 of the Government or the authority, as the Government determines

Announces rules on salary threshold according to article 1 of the first

subparagraph 1. Team (2013:606).



Chapter 7. Revocation of authorization



1 § national visa, residence permit and work permit

may be withdrawn for a foreigner who knowingly have provided

a false declaration or knowingly concealed circumstances,

that was important to get the permit.



Of that code provides for suspension and

withdrawal of a Schengen visa.



If the foreigner has lived in this country for more than four years with

residence permit when the question of withdrawal must be examined by the

authority first decides on the matter, obtain a residence permit

withdrawn as referred to in the first subparagraph only if there are

serious reasons for the law (2011:705).



2 § in addition to what is stated in paragraph 1, national visa,

residence permit and work permit is revoked, if it

There is a particular reason for it.



A residence permit may be revoked in accordance with the first subparagraph

only for foreign nationals who have not yet entered the territory of Sweden.

Law (2011:705).



paragraph 3 of the residence permit may be revoked for an alien traveled

into the country if



1. the foreigner without work permits, doing business as

require such permission,



2. the alien has been granted a work permit in accordance with Chapter 6. section 2 of the

the first subparagraph and the employment ends, unless the alien

within three months, a new employment covered by

the work permit or within the same time applied for

work permits in response to the new employment and application

then be granted, or



3. because of the previous activity, or otherwise can be adopted

that the alien will engage in sabotage, espionage or

clandestine intelligence activities in Sweden or in any other

Nordic country.



A temporary residence permit issued on the basis of

Chapter 5. section 3(1) 1 or 2 b or 3 a of the first

the second subparagraph of paragraph 1 or may be withdrawn if the relationship

ceases.



A residence permit may not be withdrawn under the first

subparagraph 1 or 3 If the foreigner has lived in this country for more

than three years with residence permits when the issue of withdrawal

be reviewed by the authority that first decides on the merits.

Law (2008:884).



4 section in the assessment of whether the permit should be revoked

According to paragraph 1 or 3 of a foreigner who has entered the territory of the country

account shall be taken of the ties which the alien has to

the Swedish society and about the other reasons speak against that

the permit revoked.



When such an assessment shall in particular be taken into account



1. alien's circumstances,



2. If the foreigner has children in Sweden and, if so,

the child's need of contact with the alien, how contact is

been and how it would be affected by the fact that the alien's

a residence permit is revoked,



3. alien's other family conditions, and



4. how long the foreigner has stayed in Sweden.



paragraph 5 of the residence permit may be withdrawn for a foreigner if

the data have been entered in the register referred to in

section 1 of the Act (2000:344) on the Schengen information system with the support

European Parliament and Council Regulation (EC) No 1987/2006

of 20 december 2006 on the establishment, operation and use

of the second generation Schengen information system (SIS

(II)), if there are sufficient grounds for a recall.

Law (2010:381).



section 6 of the residence permit may be withdrawn for non-

nationals of an EU Member State even in cases other than those referred to in

section 2, where an expulsion decision has

a court in an EU Member State or in Iceland, Norway, Switzerland

or Liechtenstein and the decision is based on the

There is a serious threat to public policy or

internal security and that



1. the foreigner in the issuing State has been convicted of a

offence for which it is prescribed imprisonment for at least one

years, or



2. the alien is reasonably suspected of having committed an

felony or that there are strong reasons to suggest

that the alien intends to commit such a crime.



The first subparagraph shall not apply to a family member of a

nationals of an EU Member State or to a citizen of Iceland,

Norway, Switzerland or Liechtenstein who have exercised their right

to free movement in accordance with the rules in force in

The European Union. With family member "means



— spouse or common-law partner,



-children under the age of 21 who are dependent on the parent for their

supply, and



– parent child-dependent for their livelihood.



A residence permit may not be withdrawn under the first

the paragraph before consulting with the State

decided on the expulsion. Law (2011:1209).



paragraph 7 of a permanent residence permit to be revoked for a

foreigner who no longer resides in Sweden. If the alien

notified to the Swedish Migration Board that he or she wants

the residence permit is still there even though the settlement expires,

However, the residence permit is revoked at the earliest after two years

After the settlement in this country.

Law (2014:777).



7 a § in addition to 1-3, 5 and 6 §§ receives a

temporary residence permit for studies, if

the conditions for granting a residence permit not

longer fulfilled. Law (2006:447).



7 b of the residence permits referred to in Chapter 5. section 15 may, in addition to what

indicated in 1, 3, 5 and 6 §§, be revoked if the conditions for

the residence permit is no longer met.



The residence permit may not be withdrawn before

investigating the leader had the opportunity to be heard.

Law (2007:322).



7 c § residence permit under Chapter 5. paragraph 15 (b) may be withdrawn

only if the conditions for such residence permit not

longer exists. The residence permit may be withdrawn only on the


the application of the police authority.



Residence permit under Chapter 5. 16 a section may not be withdrawn

before the police had the opportunity to be heard.

Law (2015:655).



7 d § residence permit under Chapter 5. 15 c section may be withdrawn

only if the conditions for such residence permit not

longer exists.



Residence permit under Chapter 5. 15 (c) or 16 (b) § shall not

revoked for a child before the social welfare board who applied for

the residence permit has been given the opportunity to comment.

Law (2012:322).



7 e § A temporary residence permit for work for a

an alien who has been granted a work permit in accordance with Chapter 6. section 2 of the

the first subparagraph shall be withdrawn if the



1. the conditions of the permit pursuant to Chapter 6. section 2 of the

the first paragraph for any other reason than to employment has

expired are no longer fulfilled, or



2. the alien is not within four months from the State

first day of validity begun work.



If the alien's employment has ceased since the alien

been informed that an investigation into the recall according to

the first paragraph has been initiated, but before the decision on withdrawal

taken, the provisions regarding withdrawal of paragraph 3 of the first

subparagraph 2. The time will then be four months instead of

3. Law (2014:776).



Deciding authorities



§ 8 withdrawal of residence permits and work permits

decided by the immigration service. Revocation and suspension of the

Schengen visa, in addition to what follows from the visa code

decided by the immigration service. Withdrawal of national

visas are decided by the authority that has granted the visa

or by the Migration Board.



Residence permit or national visa granted

the Government may only be cancelled by

The Government offices. Law (2011:705).



Authorization



§ 9 the Government may provide for the

a residence permit may be withdrawn in cases other than those specified in

This chapter of the aliens who are covered by the agreement

between the European Community and its Member States, of the one

This page, and on the other hand, Switzerland on the free movement of

persons.



The Government may provide for residence permit

may be revoked in cases other than as provided in this chapter for

foreigners who have long-term resident status in another

EU State. Law (2014:198).



Chapter 8. Expulsion and deportation



Chapter content



section 1 of this chapter provides for expulsion and

expulsion.



Provisions relating to deportation because of criminal offences found in the 8 (a).



Provisions concerning deportation on grounds of national security and

because of the occurrence of offences under the Act (2003:148) if

the penalties for terrorist offences are found in the Act (1991:572) on

Special immigration control.



The conditions for expulsion and deportation of other

aliens than EEA nationals and their family members

Law (2014:198).



Rejection



section 2 of the aliens that are not EEA nationals, or

family member of an EEA national may be rejected



1. If he or she does not have a passport that is required for entry

or stay in Sweden,



2. If he or she does not have a visa, residence permit or

other authorisation required for entry, stay or

work in Sweden,



3. If the alien's arrival in Sweden will arrive

that he or she intends to visit other Nordic country but

does not have the authorization required for entry therein;



4. If he or she fails to supply requested on entry

information, deliberately supply incorrect information which is of

importance of the right to enter the territory of Sweden, or knowingly

conceals any evidence relevant to the

right,



5. If he or she does not meet the requirements for admission as

provided for in article 5 of the European Parliament and of the Council

Regulation (EC) No 562/2006 of 15 March 2006 establishing a

Community code on the rules governing the movement of persons across borders (

Schengen borders code), or



6. If he or she has been rejected or expelled from a

EU State or from Iceland, Norway, Switzerland or Liechtenstein

and conditions are those referred to in Chapter 7. 6 § or

the decision on expulsion has been based on the

the alien has failed to comply with the provisions in force concerning a

Aliens ' entry or stay in the State. Law (2014:198).



paragraph 3 of the aliens that are not EEA nationals, or

family member of an EEA national may be rejected



1. If it can be assumed that he or she will miss

sufficient funds for the stay in Sweden or in any

other Nordic country which he or she intends to visit or for

journey home,



2. If it can be assumed that he or she is during their

Sweden or in another Nordic country will not

living in an honest way or will conduct

activities that require a work permit, but that he or she

have such a condition,



3. If he or she due to previous custodial sentences or

any other special circumstance likely to commit

crime in Sweden or in another Nordic country,



4. If he or she, because of past activities or in

other likely to engage in sabotage, espionage or

clandestine intelligence activities in Sweden or in any other

Nordic country, or



5. If by virtue of the Act (1996:95) on certain

international sanctions have been prescribed that he or she

get rejected.



A foreign national referred to in the first subparagraph may be rejected even in

other cases when it has been requested by the Central

immigration officer in another Nordic country and it can

It is assumed that he or she otherwise goes to the country.

Law (2014:198).



4 § A foreigner may not be rejected pursuant to paragraph 2 or 3 if he

or she had upon arrival in Sweden, or during a period

then have had residence permits have expired,

apply. Law (2014:198).



paragraph 5 of the decision on inadmissibility under paragraph 2 or 3, in the first instance

may not be made later than three months after the

first application for a residence permit has been made after arrival

to Sweden. Law (2014:198).



Expulsion



section 6 of the aliens that are not EEA nationals, or

family member of an EEA national and are not rejected

under paragraph 2 of 1 or 2 may be expelled from Sweden if he or she

staying here but has no passport or permit

is required for residence in the country. Law (2014:198).



Regard to enforcement barriers



7 § When a question about the expulsion referred to in 2, 3

or section 6 of the examined, account shall be taken of whether the foreign national on the basis

the provisions of Chapter 12. cannot be sent to a particular

country or if there are particular obstacles to the

the decision is enforced. Law (2014:198).



The conditions for expulsion and expulsion of EEA nationals

and their family members



Reject when the prescribed documents are missing



section 8 A EEA citizen or a member of his family

EEA nationals may be rejected in connection with the entry, or

in the first three months after entry if he or she

has no passport or visa when it required such a document

for entry or stay in Sweden.



Deportation may not take place on the ground that the alien does not have

that if he or she can prove his identity by other means

than by possession of a passport. Law (2014:198).



Rejection by the unreasonable burden for assistance system



§ 9 A EEA citizen or a member of his family

EEA nationals may be rejected in the first three months

After entering if he or she turns out to be an unreasonable

load for assistance system under social services law

(2001:453).



A foreigner who has right of residence may not be rejected pursuant to

the first paragraph. Law (2014:198).



Expulsion when residence or permission to stay in the

Sweden is missing



section 10 of An EEA citizen or a member of his family

EEA nationals who have been resident in Sweden for more than three months

and who do not have the right of residence, may be expelled if he or she

staying here but do not have the permission required to

get residence. Law (2014:198).



Expulsion and deportation on grounds of public policy and

Security



section 11 of An EEA citizen or a member of his family

EEA nationals may be rejected in connection with the entry, or

in the first three months after entering the account of

public order and security.



An EEA citizen or a member of his family

EEA nationals who are not dismissed in connection with the entry

or during the first three months after entering as

the first subparagraph shall thereafter be expelled on grounds of public

order and security. Law (2014:198).



section 12 of the expulsion according to section 11 may be made only if the

the alien's own behaviour is a real, actual and

sufficiently serious threat affecting one of the fundamental

interests of society. Previous criminal convictions shall not in themselves

constitute grounds for such a decision. It may not be

economic objectives on which it is based.

Law (2014:198).



13 § When a question arises on the expulsion of

an EEA citizen or a member of his family

EEA nationals under section 11, shall take into account the alien's

age, health, family and economic situation

and social and cultural integration in Sweden. Taking into account the

also be given to how long the foreigner has stayed in Sweden

and to the ties to their country of origin. Law (2014:198).



section 14 of An EEA citizen or a member of his family

EEA nationals who have permanent residence may be rejected

or expelled pursuant to section 11 only where there are serious

reasons.



An EEA national who is a child may be rejected or expelled

According to section 11 only if the decision is strictly necessary by

grounds of public security.




An EEA national who has been resident in Sweden during the ten

previous years may be expelled pursuant to section 11 only if

the decision is strictly necessary on grounds of public

Security. Law (2014:198).



Regard to enforcement barriers



section 15, When a question about the expulsion under 8, 9,

10 or section 11 must be examined, account shall be taken of whether the foreign national on

because of the provisions of Chapter 12. cannot be sent to a

particular country or if it otherwise, there are specific obstacles to the

the decision is enforced. Law (2014:198).



Expulsion decision when applying for

a residence permit is denied or rejected, or

a residence permit is revoked



section 16 shall be refused or rejected an application for a residence permit

or revoked such permission and are

the foreigner in Sweden shall simultaneously be communicated decisions on

the expulsion, unless special reasons speaking against

it.



The first subparagraph shall not apply if the application is rejected in accordance with Chapter 5.

paragraph 1 (c). Law (2014:198).



Deciding authorities



section 17 of the Swedish Migration Board to rule on the expulsion of

the foreigner



1. seeking asylum here,



2. have a close family member seeking asylum here, or



3. can be rejected pursuant to paragraph 2 of the 6 or 3 section

paragraph.



In the second case, both the Migration Board that the police authority

examine the issue of inadmissibility.



If the police consider it questionable whether a foreigner should

is rejected, the case will be handed over to the immigration service.

Law (2014:655).



section 18 of the Swedish Migration Board shall examine the question whether expulsion pursuant to 6,

10 or 11. Law (2014:198).



Decision on immediate enforcement



section 19 of the immigration service may decide that the Office's decision on the

inadmissibility under section 17 of the first subparagraph may be enforced even if

It does not have the force of res judicata (the expulsion with immediate

enforcement), it is clear that there is no basis

for asylum and a residence permit nor shall be granted

on any other basis.



In Chapter 12. section 7, there are detailed rules on enforcement

of decisions on the expulsion with immediate execution.

Law (2014:198).



Instructions for enforcement



section 20 of an expulsion decision issued

of the Immigration Agency, an immigration court or

Of appeal shall identify which country the alien

shall be rejected or expelled.



If there are special reasons, getting more than a country specified in the

the decision.



A decision by an authority referred to in the first subparagraph relating to

expulsion shall contain the instructions on

enforcement as the circumstances of the case

can give rise to. Law (2014:198).



20 a of a foreign national who has long-term resident status in

Sweden and enjoying international protection in another Member State

may be expelled only to the State. Law (2014:198).



Time limit for voluntary departure and exclusion orders



section 21 of An expulsion order should contain a

period within which the alien must voluntarily leave the country

(voluntary departure). The deadline shall be determined

to two weeks if the foreign national is rejected, and for four weeks

If the alien is expelled. If there are special reasons, a

longer period shall be determined.



A period for voluntary departure should not, however, be notified of



1. There is a risk that the alien departs,



2. the alien poses a risk to public order and

security,



3. the alien by a rejection decision may be denied entry

the country,



4. He stopped when he or she

illegally crossing an external border and then rejected, or



5. He is rejected by the Swedish Migration Board with immediate

enforcement.



For EEA nationals and their family members to apply in

rather than the first subparagraph 12 Cape. paragraph 15, third paragraph.

Law (2014:198).



section 22 of an expulsion order which contains

a period for voluntary departure should alien be informed of

to an exclusion orders can be granted if he or she does not

left the country last when the deadline expires.



The period for voluntary departure begins to run when the decision

the expulsion has become final or when

the foreigner declared themselves satisfied with the decision. Law (2014:198).



section 23 Is not in a position to announce a time limit

for voluntary departure under section 21, the Police

decisions on expulsion and the Swedish Migration Board's decisions on inadmissibility

or expulsion are United with a re-entry ban, if not

specific reasons related to the alien's personal

conditions speak against such a prohibition notice. A

decision on inadmissibility by which a foreigner may be denied to enter

the country, however, is not accompanied by a re-entry ban.



An expulsion decision relating to an

EEA citizen or a family member of an EEA national

or relating to an alien who has been granted a residence permit

According to Chapter 5. section 15, may be subject to an exclusion orders only

If the decision has been issued on grounds of public policy and

Security. Law (2014:655).



24 § time of exclusion orders under section 23 or 27 shall

determined to not more than five years. Is the alien a serious

threat to public order and security may be a longer

period of time to be determined. Law (2014:198).



Special permit for short visit



section 25 of an alien who has been granted a re-entry ban according to

23 or section 27 or 12 Cape. 14 (a) or section 15 may be given

special permit by the Immigration Agency to make a card

visit here, if the visit comes extremely important

Affairs. If there are special reasons, such

permission is also given at the request of someone other than the

the foreigner. Law (2014:198).



Waiver of exclusion orders



section 26 a decision on exclusion orders under section 23 or 27 or

12 Cape. 14 a or 15 a section that has become final may fully

or partially repealed by the Migration Board, a

immigration court or Appeal if there is

specific reasons for that prohibition no longer to apply.



A foreign national may apply for a waiver of the prohibition referred to

in the first paragraph. Such an application shall be submitted to

The Swedish Migration Board.



The Swedish Migration Board shall not suspend an exclusion orders that

been issued by the courts. If the Immigration Service finds that a

such a re-entry ban should be repealed should not decide in

the case but with own opinion leave this to the

the immigration court to which the Board's decision in respect of

the waiver could have been appealed. Law (2014:198).



Decision by the side of expulsion decisions



27 § when the appeal case or matters of expulsion or

expulsion is decided, will also be decided in the case of

residence permit and work permit. This is true even if

These issues have not been addressed by the alien.



At the trial of an expulsion order may

an immigration court or Appeal may decide

that the alien should be forbidden to return to Sweden for

certain period of time, even if no lower instance has announced such a

ban.



When the Immigration Agency, an immigration court or

Appeal hearing a decision on expulsion or

expulsion, at the same time, such a decision will be announced on

a person who is under 16 years of age and under the alien's

custody. This also applies if no lower courts have tried

This question. In case of an immigration court, and

This appeal does not, however, apply if it

the child has been invoked circumstances referred to in Chapter 4. 1, 2

or 2 a of. Law (2014:198).



8 a Cape. Penalty for violation of



Conditions for the expulsion of other foreigners than

EEA nationals and their family members



section 1 of the aliens that are not EEA nationals, or

family member of an EEA national may be expelled from Sweden

If he or she is convicted of an offence which may lead to

prison. Such a foreigner gets deported also if a court

removing a suspended sentence or probation

the alien has been convicted and sentences to another penalty.



Deportation may, however, be made only if the alien is sentenced to

more severe penalty than a fine and if



1. the offence is of a kind and other circumstances, is

such that it can be assumed that he or she will do

guilty of continued crime in this country, or



2. the offence with regard to the injury, danger or violation

as it has been for individual or public interests

is so serious that he or she should not remain.

Law (2014:198).



§ 2 when a court is considering whether a foreigner should be deported

According to § 1, shall take account of the alien's ties

to the Swedish society. The Court shall take particular account of the



1. alien's circumstances,



2. If the foreigner has children in Sweden and, if so,

the child's need of contact with him or her, how in touch

has been and how it would be affected by the fact that the alien

expelled,



3. alien's other family conditions, and



4. how long the foreigner has stayed in Sweden.



A foreigner who is a refugee and who need a refuge in

Sweden may be deported under section only if he or she has

committed a particularly serious crime and it would bring

serious danger to public order and security to allow

the foreigner to stay here. Expulsion may also be done if

the foreigner in Sweden or abroad has operated

that has meant danger to national security and there is

reason to believe that he or she would continue with

such activity here.



Of the 21 Cape. § 9 and 22. section 5 States that an alien who

have a residence permit of temporary protection or


residence permit in accordance with Chapter 22. 2 or 3 § shall be expelled

under section only if there are circumstances such as

specified in the second subparagraph. Law (2014:198).



section 3 of A foreigner may be expelled under section only when there are

serious reasons, if he or she had been resident in Sweden with

permanent residence permit for at least four years after the prosecution

brought or if he or she has been resident in Sweden

for at least five years.



A foreigner may not be deported under section 1 if the foreigner came

to Sweden before he or she turned 15 years and had

lived here for at least five years if the prosecution was brought.

Law (2014:198).



4 § When a question of deportation under section examined, account

be given to whether the alien because of the provisions of Chapter 12.

cannot be sent to a specific country or if it otherwise

specific barriers to the decision is enforced. Law (2014:198).



The conditions for expulsion of EEA nationals and their

family members



section 5 of An EEA citizen or a member of his family

EEA citizen shall be expelled from Sweden on the conditions

referred to in paragraph 1 are met and it is done for the sake of

public order and security.



It provided for in paragraphs 2 to 4 in the case of deportation under section

also applies when expulsion of an EEA citizen or a

family member of an EEA national under this section.

Even as provided in Chapter 8. 12-14 § § in the case of

expulsion in accordance with Chapter 8. section 11 applies when expulsion according to

This clause.



A citizen of another Nordic country may be expelled according to the

This clause only when there are serious reasons, if he

or she had been resident in Sweden for at least two years when

the prosecution was brought. Law (2014:198).



Competent court



section 6 of the Deportation because of criminal offences is to be decided by the Court

dealing with the criminal case. Law (2014:198).



An expulsion decision by change of penalty under Chapter 34.

the Penal Code



7 § when a court under Chapter 34. the criminal code determines that the

change a penalty that a foreigner has been sentenced to beyond

penalty, the Court may also inform the decisions on

the deportation as the change of penalty raises.

Law (2014:198).



Expulsion of an alien who has long-term

resident in Sweden



7 a of a foreign national who has long-term resident status in

Sweden and enjoying international protection in another Member State

may be expelled only to the State. Law (2014:198).



Exclusion orders



§ 8 General Court orders if expulsion due to infringement

should include prohibition of the alien to return to

Sweden during the certain period of time or indefinitely. In a

decision with a temporary exclusion orders to the alien

be informed of the date the ban expires. In the decision

He shall also be informed of the penalty

violation of the ban can lead to under 20.

Law (2014:198).



Special permit for short visit



§9 an alien who has been granted a re-entry ban according to

section 8 may be given special permission by the Swedish Migration Board to make

a short visit here, if the visit comes extremely important

Affairs. If there are special reasons, such

permission is also given at the request of someone other than the

the foreigner. Law (2014:198).



Residence permits and suspension of the expulsion order



section 10 of the 12 Cape. contains provisions on residence permits for

the General Court has been expelled on grounds of offences and

repealing such an expulsion order. Law (2014:198).



Chapter 9. Control and enforcement action



Control of persons according to the Schengen borders code



section 1 of the police authority is responsible for the control of persons under

the Schengen borders code. Customs Service and the coast guard

duty to assist the police in such a

control. The Migration Board, in agreement with the

Police help for the control. The coast guard

to participate in Police control activity by

exercise control of maritime traffic. Law (2015:91).



section 2 of a police officer, in connection with admission control according to

SBC search a foreigner and

examine his or her baggage, hand luggage, handbags

and the like, to the extent necessary for the

to find out the identity of the alien. Such studies

may also be made to find out the route to a foreigner

Sweden, if it is relevant for the assessment of the right to

entering and staying in this country. A police officer may, in the context

with admission control also examine luggage compartments and other

enclosed spaces in automobiles and other means of transport in order to

prevent a foreigner travelling into Sweden in breach of

the provisions of the Schengen borders code.



When admission control is managed by specially appointed

passkontrollanter, customs officials or officials of

The Coast Guard has the same powers as a police officer has

under the first subparagraph.



A physical examination may not be made more thorough than what

required by the specific purpose of the measure. All the attention

as conditions permit, must be observed. If possible, an

witness present.



A woman must not strip-searched by or in the presence of

other men than doctors or registered nurses. If a

visitation means that a subject that a woman has

with them is examined, however, provided the search may be carried out and

witnessed by a man.



Protocol to transfer a body search. In the Protocol

should state what has been observed in the provided the search.

Law (2015:91).



Carriers ' control obligation



section 3 a carrier shall ensure that a foreigner, who

the carrier carries to Sweden directly from a State

not covered by the Schengen Convention, holding the passports and the

permits required for travel into the country.



The carrier shall, unless it is unnecessary because of the

the result of the checks carried out pursuant to the first subparagraph, even

Verify that the alien has funds for their journey home.



Carriers ' obligation to provide data, etc.



3 a of a carrier, that air transport

passengers to Sweden directly from a State that does not belong to

The European Union, nor have signed an agreement on

cooperation under the Schengen Convention with

the Contracting States, shall, at the request of the police authorities

transfer data on the inbound passengers as soon as

check-in is finished.



The information referred to in the first subparagraph is



1. number and type of travel document used,



2. citizenship,



3. full name,



4. date of birth;



5. the border crossing point of entry,



6. transport code,



7. departure and arrival time of the transportation,



8. the total number of passengers in transit, and



9. the initial point of embarkation.

Law (2014:655).



3 b of the tasks under paragraph 3 (a) shall be collected by the carrier

and then electronically transferred to the police authority.



If it is not possible to transfer data electronically

should they be transferred to other suitable means. Law (2014:655).



3 c § provisions on the processing of the data

been transferred to the police according to section 3 (b) of the Act are

(2006:444) on passenger name records. Law (2014:655).



paragraph 3 (d) A transporter who has transferred information pursuant to paragraph 3 (a)

shall, within 24 hours after the means of transport has arrived

to the border crossing point delete the collected and transferred

the data. Law (2006:447).



3 e § A carrier who collects data that are intended to

transferred in accordance with paragraph 3 (a) shall inform the passengers in accordance with

the provisions of §§ 23-26 the personal data Act (1998:204).

Law (2006:447).



3 (f) § the Government may provide for that other

authority than the police authorities may request information by

the carrier. Law (2014:655).



Disposal of that



section 4 If a foreigner applying for a residence permit if he or

She comes to Sweden or thereafter, the Swedish Migration Board

or the police take care of his or her passport or

other identity documents in the expectation that the alien may

permits to stay in this country or leave it.

Law (2014:716).



§ 5 When an expulsion order shall

executed, the Executive authority shall take care of

the alien's passport or other identity documents to its

the decision can be enforced.



Disposal of tickets



section 6 of The Aliens ' ticket for the trip from Sweden may be

care of the Migration Board or the Police Department in the expectation that

the alien is authorized to reside in this country or leaving

This applies if the



1. He has no passport, Visa, residence permit or

work permit when required for entry or stay in

Sweden, or



2. he likely to apply for

residence permit.



The ticket may be disposed of only on



-It seems likely that the alien will not get

permission to reside here, and



-There is reason to assume that the alien would otherwise make themselves

by using the ticket and cannot pay the cost of their

journey from Sweden. Law (2014:655).



section 7 of the immigration service or police authority may redeem a

ticket taken care of according to section 6, if it would otherwise

lose its value. If the ticket is redeemed, rather than the

money then paid out are taken care of. Law (2014:655).



Photography and fingerprints



section 8 of the immigration service or the police may shoot a

alien and, if the foreign national aged under 14 years, take his or

her fingerprints on



1. he cannot prove his identity when he or she

come to Sweden,



2. the alien applying for a residence permit as a refugee


According to Chapter 4. § 1 or other protection status under 4

Cape. 2 or 2 a of, or



3. There is a basis for deciding on custody. Law (2014:655).



8 a of A foreigner who applies for a residence permit is

required to allow the immigration service, a foreign mission or

The Cabinet Office shoot him or her and take his

or her fingerprints. The same obligation applies if proof

If the residence permit (residence permit card) to be issued

According to Council Regulation (EC) No 1030/2002 of 13 June 2002

laying down a uniform format for residence permits for

in a third State for any other reason than that an alien seeking

about residence permits.



The obligation to have an authority to fingerprint terms

not if the foreign national is under six years of age or if it is physically

impossible for the alien to leave fingerprints.



A photograph and two fingerprints to be stored in a

storage medium in the residence permit card. Fingerprints as

not saved in such a medium, and the biometric data

taken from the fingerprints and out of the photograph shall be immediately

be destroyed when the residence permit card are disclosed, or

the case for a residence permit has been decided without

the alien has been granted a residence permit. Law (2011:709).



8 b of a check referred to in paragraph 1 or 9 is the holding

a residence permit card shall be obliged to let a police officer, a

specially appointed passkontrollant, or an official of

The customs service, the coast guard or immigration agency photograph

him or her and take his or her fingerprints, for

control of that photograph and finger print matches the

photograph and the fingerprints that are saved in the

residence permit card.



If a check referred to in the first subparagraph have been completed, the

photograph and the fingerprints taken for control

immediately destroyed. The same applies to the biometric data

developed in the context of the control. Law (2011:709).



8 c § whoever has a Schengen visa is at check-in or

exit checks in accordance with article 7(3) of the

Schengen borders code required to let a police officer, a special

appointed passkontrollant, or an officer of customs and Excise,

The coastguard or immigration service to his or her

fingerprints for verification of identity and of the

authenticity in accordance with article 18 of European Parliament and

Council Regulation (EC) no 767/2008 of 9 July 2008 concerning

the visa information system (VIS) and the exchange between

the Member States of information on visas

stay (VIS Regulation), in the original wording.



The obligation to provide fingerprints as referred to in the first subparagraph

is also valid for an alien who, upon such check or

border control is not able to prove their identity and which may

checked for identification purposes in accordance with article 20

in the VIS regulation.



When a control within the meaning of the first or second paragraph has

implemented, the fingerprints taken for control

immediately destroyed. This also applies to the biometric data

developed in the context of the control. Law (2015:91).



Control during their stay in Sweden



§ 9 A foreigner residing in Sweden are obliged to

the request of a police officer to submit passports or other documents

that shows that he or she has the right to reside in the

Sweden. The alien must also convened by

The Migration Board or the Police Department to come to the Office

or authority and submit information about their stay here in the

the country. If the foreign national does not do so, he may be downloaded

by Police. If because of a

Aliens ' personal circumstances or by any other

reason to assume that the alien would not follow

the notice, he or she is downloaded without prior

notice of meeting.



The Coast Guard will be involved in Police

the control operations referred to in the first subparagraph by control of

and in connection with maritime traffic. If the control is exercised by

The coast guard, passports or other documents to be submitted

to the officer at the coast guard.



Control within the meaning of the first and second paragraphs may be taken only

If there is reasonable cause to believe that the alien

does not have the right to reside here in the country or on the

otherwise, there is particular reason to control.

Law (2014:655).



section 10 If a foreigner refuses to comply with a decision

The Immigration Agency has taken with the support of 4, 5, 6, 8 or section 9,

the work may request the assistance of the police to enforce the

the decision. Law (2014:655).



Obligation to remain for investigation



section 11 of A foreigner is obliged to remain for the investigation of

connection with the border control according to the

The Schengen borders code or in connection with the notice of meeting or download

According to section 9, no longer than necessary and in no

case longer than six hours. This does not apply if a decision

has been notified of detention under 10 Cape. 1 or 2 §.



A police officer may detain a foreigner who refuses to stop

left behind for investigation. Law (2015:91).



10 Cape. Custody and control in respect of aliens



Custody



(1) a foreign national who has reached the age of 18 may be detained if



1. the foreigner's identity is unclear upon arrival in Sweden

or when he or she then applies for

residence permit and he or she cannot do is likely

to the identity he or she say is real, and



2. the alien's right to enter or stay in Sweden

cannot be assessed yet.



A foreigner who has reached the age of 18 may also be detained if



1. it is necessary for an investigation if the alien's

the right to stay in Sweden to be carried out,



2. it is likely that the alien will be rejected or

expelled in accordance with Chapter 8. 2, 3, 6, 8, 9 or section 10 or section 11

first subparagraph, or



3. it is a matter of preparing or carrying out

the enforcement of an expulsion order.



Detention of a foreign national referred to in the second subparagraph 2 or

3 may be notified only if it otherwise there is a risk that

the foreigner is engaged in criminal activity in Sweden, deviates,

absconds, or otherwise obstructing

enforcement. Law (2014:198).



section 2 of a child may be detained, if



1. it is likely that the child will be rejected with

instant execution or in case of preparing

or carry out the execution of a decision on expulsion

with instant execution,



2. the risk is obvious that the child otherwise absconds and

thereby jeopardizing an enforcement which should not be delayed,

and



3. it is not enough that the child is placed under the supervision

in accordance with the provisions of section 7.



A child may also be detained, if



1. it is a matter of preparing or carrying out

execution of a decision on expulsion in cases other than

in accordance with the first paragraph or a deportation order under 8

Cape. 6 or section 10 or 8 a Cape. 1 or section 5, and



2. on an earlier attempt to enforce the decision not

proved sufficiently that the child is placed under the supervision

in accordance with the provisions of the second subparagraph of paragraph 7. Law (2014:198).



section 3 of a child shall not be separated from their parents/guardians

by the child or the custodian is taken into custody. One child

who have no guardians in Sweden may be detained

only if there are serious reasons.



4 § A foreigner may not be detained for investigation of

support of 1 section 1 longer than 48 hours.



A foreigner may not be detained for enforcement with

support of 1 section 3 longer than two months, if the

is no serious reasons for a longer period of time. Even if there are

such special circumstances apply, the alien will not be held in detention

more than three months or, if it is likely that

the execution will take longer due to lack of

cooperation from the foreigner, or it takes time to acquire

necessary documents, longer than twelve months.

The time limits of three to 12 months does not apply if

the alien by court expelled because of crime.



In cases other than those referred to in the first and second subparagraphs, the

an alien who has turned 18 years of age cannot be detained longer

than two weeks, unless there are serious reasons for a longer

time. Law (2012:129).



§ 5, a child may not be detained longer than 72 hours

or, if there are serious reasons, an additional 72 hours.



Supervision



section 6 of the aliens who are 18 years of age may, in the

conditions set out in paragraph 1, rather than be detained

be placed under supervision.



section 7 of The child may, under the conditions set out in section 2 of the

the first subparagraph of paragraph 1 and 2, be placed under supervision.



A child may also be placed under supervision when decisions have

been notified of inadmissibility in cases other than those referred to in paragraph 2 of the first

subparagraph, or when the decision on deportation under 8

Cape. 6 or section 10 or 8 a Cape. 1 or section 5. Law (2014:198).



§ 8 the supervision means that the alien is obliged, upon some

the times report to the Police or in

The Swedish Migration Board. In a decision on supervision shall identify on

where the obligation is to be performed. The foreigner

may also be required to surrender his passport or other

identity document. Law (2014:655).



Re-examination of the custody and supervision



§ 9 detention pursuant to paragraph 4 of the second or third subparagraph

shall be re-examined within two weeks from the date on which it started

enforced. In cases where there is a decision on expulsion or

expulsion, detention reviewed again in two

months from the date on which it began to be enforced.




A decision on supervision shall be re-examined within six months from the

the decision.



If the foreigner is detained in custody or still to be

under supervision, to review continuously occur within the same

times.



Detention or supervision shall immediately be revoked, if

There is no longer any reason for the decision. Law (2012:129).



paragraph 10 of the decision on custody or supervision not reviewed again

within the prescribed period expires.



section 11 Each re-examination of the detention shall be preceded by the

an oral hearing. This includes a review of

a decision on supervision, if it is not given

nature of inquiry or other circumstances appear

obvious that an oral hearing is irrelevant.



Provisions for the oral treatment of a

authority, see Chapter 13. 1-8 sections. In the case of oral

hearing in court, there are provisions in Chapter 16.

Team (2013:648).



Deciding authorities



paragraph 12 of decision on custody or supervision shall be taken by the authority

or a court-appointed receiver.



If a foreign national who has been in detention or under

supervision will be rejected or expelled, the authority or

Court decision to examine whether the alien is still

shall be kept in custody or under supervision.



paragraph 13 of the police authority's supervisory authority



1. from the moment a foreigner asks to enter the country

and until a case is to be heard by

Immigration Service received by the agency or the alien has

left the country, and



2. from the authority receives a decision on inadmissibility

or expulsion for enforcement and until

enforcement has occurred, even if the matter is subject to

review under Chapter 12. paragraphs 18 to 20, but not during the time when

the decision must not be executed because of a decision

inhibition or re-examination.



Security Police may be supervisory authority according to

the first subparagraph of paragraph 2. Law (2014:655).



section 14 of the Immigration Agency's supervisory authority



1. from the work is receiving a case that fact shall

try and its really taking decisions or the alien has

left the country or the police authority has received case

or, if the Migration Board's decision be appealed until

the matter received by immigration court, and



2. from the work is receiving a decision on expulsion or

expulsion for enforcement and until the decision has

effected or the case will be handed over to the police. In

decisions that apply immediately, even if the decision

subject to appeal, the Migration Board supervisory authority to its

the Court decision on the inhibition. Law (2014:655).



15 repealed by law (2013:648).



section 16 of The immigration court or Appeal is in

cases, where the decision on the inhibition can be communicated with the aid of

12 Cape. section 11, supervisory authority from the

announces decision on inhibition. Team (2013:648).



section 17 of the police authority must, even if it is not supervisory

authority, decide to take an alien in detention or

asking him or her under observation, if there is no time

to await the supervisory authority's decision. Such a

decision shall be notified forthwith to the authority

handling the case, and that authority shall then

immediately examine whether detention or supervision should

continue to apply.



A police officer in some instances may dispose of a foreigner in

pending the Police detention follows from

section 11 of the law on police (1984:387).



On the control of aliens is carried out with the participation of

The customs service, Coast Guard, or with the help of a specially

appointed passkontrollant, the customs officer,

the officer at the coast guard or one

the same right to take possession of the alien that a police officer has

in accordance with the second subparagraph. The disposal shall, as promptly as

possible be notified to a police officer for determination of whether the action

should be composed. Law (2014:655).



General information about the enforcement of decisions on custody



section 18 of the immigration service is responsible for the detention

are enforced.



§ 19 at the request of the authority or the Court

taken a decision on detention, the police leave the

help needed to enforce the decision.



If the immigration service requests it, the Police also

provide the necessary assistance to displace a foreigner

in detention. Law (2014:655).



section 20 of the immigration service may determine that a foreign national who is being held in

detention shall be placed in correctional, detention or

police custody, if



1. the foreigner has been expelled by court because of

crime,



2. He kept separately under Chapter 11. section 7 and the

security reasons cannot stay in a special room that

referred to in Chapter 11. paragraph 2 of the first subparagraph, or



3. There are serious reasons.



An alien placed in correctional, detention or

Police arrest pursuant to the first paragraph 2 or 3 shall be

separated from the other inmates.



Children in detention should not be placed in

correctional institution, detention or police custody. Law (2012:129).



11 kap. How an alien in detention must be treated



(1) an alien in detention must be treated humanely and

his or her dignity is to be respected. The foreigner shall

be informed about the rights and obligations he or she has

that detention being taken as well as on the rules applicable in the

förvarslokalerna.



Activities relating to detention shall be designed in such a way

minimal intrusion into the privacy and

rights. Law (2012:129).



section 2 of the foreign nationals detained under this Act shall, in

other cases than those referred to in Chapter 10. section 20, staying in facilities

has been arranged specifically for that purpose. The Swedish Migration Board has

responsibility for such premises.



The Swedish Migration Board has responsibility for the treatment and supervision of

an alien in detention.



For the treatment of an alien as referred to in Chapter 10. 20 §

placed in correctional, detention or police custody

terms of detention Act (2010:611) mutatis mutandis. The foreigner

shall, in addition to the provisions of that law, be given the opportunity to have

contact with people outside the institution, and also in other

granted the credits and benefits that can be provided for with regard

to order and security within the establishment.

Law (2012:129).



section 3 of A foreigner detained shall be given the opportunity to

activities, entertainment, physical exercise and stay outside.

A child who is held in custody shall be given the opportunity to play and

activities that are appropriate for the age of the child.



A family who is held in custody shall be offered a private property.

Law (2012:129).



section 4 of the foreign nationals in detention shall be given the opportunity to take

visitors and otherwise have contact with persons outside the

the venue but about the visit or contact in a particular case

would complicate the activities related to the repository.



If it is necessary in the interest of safety, may visit

monitored. A visit by a public counsel or a solicitor

shall be monitored only if the processor or the lawyer himself requests

it.



§ 5 an alien held in custody shall have access to

health care to the same extent as the applicant for

residence permit pursuant to Chapter 4. 1, 2, or 2 a § although

the foreigner has not applied for such a permit.



If an alien in detention need hospital treatment during

detention period, he or she shall be given the opportunity to such care.



Operations Manager for the hospital unit where a foreigner cared for

to ensure that the Migration Board or the head of the

premises where the foreigner to reside shall be informed immediately in, if

the alien wishes to leave or have already left the hospital.

Law (2009:1542).



section 6, an alien in detention may be prevented from leaving

the facility where he or she resides, and otherwise be subject to the

restriction of movement required for the purpose of

to the foreigner taken into custody must be met or that are

necessary for order and security in the premises.



The Aliens ' freedom of movement may also be restricted if he or

she poses a serious danger to himself or others.



section 7 of the aliens in detention and has over 18 years of age may

be kept separate from other taken into custody if it is

necessary for order and security in the premises or if he

or she poses a serious danger to himself or others.



The decision to hold a secluded taken by the Migration Board.

This decision shall be reviewed as often as there is a reason for it,

However, at least every three days.



A foreigner who is kept separate because he or she is

a danger for himself to be examined by a doctor as soon as

possible.



section 8, an alien in detention shall not without the permission

possession of alcoholic beverages or other intoxicants or

anything else that may harm someone or be

the order within the premises.



section 9 If there is reasonable suspicion that a foreign national who is being held in

detention carry out something which the alien may not hold as

section 8 or under the narkotikastrafflagen (1968:64),

the alien strip-searched for control of this.



At the strip search case as provided for in Chapter 9. section 2 of the

the third and fourth paragraphs.



section 10 A foreigner in detention may not receive a

shipment without it first has been studied, if there are

reasonable suspicion that it contains things that may not be held

According to section 8 or under the narkotikastrafflagen (1968:64).



If a foreigner does not admit that the item opens in his


or her presence, the consignment is taken care of

the alien's behalf, but it must not be opened.



An investigation shall not refer to the written content of the letter

or other documents. Shipments from public servants,

lawyers, the United Nations High Commissioner for refugees or

the international body that has jurisdiction to hear complaints

from the individual may never be investigated.



section 11 of the properties which cannot be held under section 8 or under

narkotikastrafflagen (1968:64) is found in a room in which a

foreigner in detention or of an alien who is held in

custody, property is taken care of.



It can be assumed that an alien by holding or receive

such property is guilty of an offence, or if it is not

There is no known owner of the property, it shall promptly

handed over to the police.



Otherwise, the property is taken care of for the alien's

Bill. Law (2014:655).



section 12 of the property has been disposed of under section 10, second paragraph

or the third paragraph of section 11 shall be returned to the alien when

the decision to keep the alien in custody have ceased to

apply.



section 13 an alien held in custody has the right to have such

daily allowances and special allowances referred to in 17 and

18 § § the Act (1994:137) on the reception of asylum seekers, and others.



12 Cape. Enforcement of decisions on the expulsion and deportation



Obstacles to the enforcement of expulsion and deportation



section 1 of the Expulsion and deportation of an alien may never

be effected to a country where there are reasonable grounds for

assume that



-the alien would be in danger of being punished with death

or to be subjected to corporal punishment, torture or other

inhuman or degrading treatment or punishment,

or



-the foreigner is not protected in that country to be broadcast

In addition to a country in which the alien would be in such danger.



section 2 of the Expulsion and deportation of an alien may not

be effected to a country



-If the alien risks being subjected to persecution in the

country, or



-If the alien is not protected in that country to be broadcast

In addition to a country where the alien is at risk for

persecution.



A foreigner may, however, be sent to such a country, unless it

is possible to execute the expulsion to

any other country and the foreigner, a particularly serious

crime has shown that it would be fraught with serious danger

for public order and security to allow the alien to stay in

Sweden. However, this does not apply if the persecution that threaten the

the other country means danger to the alien's life or otherwise

is of particularly difficult art.



Similarly, an alien sent to such a country, if

the foreigner has engaged in activities which endangered the for

national security and there is reason to believe that

the alien would continue operations in this country and it

It is not possible to send the foreigner to another country.



paragraph 3 of the decision on the expulsion of a foreigner

referred to in Chapter 4. section 2 of the first paragraph, in the case of armed

conflict, or 2 a of the first subparagraph may not be enforced to

the alien's home country or to a country where he or she

is likely to be forwarded to the home country, if there is

serious reasons against the law (2009:1542).



3 a of a decision on the expulsion of a

unaccompanied minors may not be enforced unless the

Executive authority is satisfied that the child

will be received by a member of the family, a nominated guardian

or a receiving device well suited to care for children.

Law (2012:129).



Where expulsion may be enforced



paragraph 4 of the decision on the expulsion announced by

The Swedish Migration Board, an immigration court or

Appeal shall be executed by the alien

dispatched to the country or, if several countries entered, one of

the countries mentioned in the decision.



A decision on the expulsion announced by Police

and the General Court orders if expulsion due to infringement

to be enforced by the foreigner is sent to their home country

or, if possible, to the country from which the alien came

to Sweden. If execution cannot be carried out to

one of these countries, a foreigner, rather than be sent to the

a country in which the alien has a connection to. For a

foreign national who has long-term resident status in Sweden

and as have international protection in another Member State may

enforcement be made only to the State, as evidenced by the 8 (a)

Cape. 7 a §.



A foreign national who is inadmissible or expelled may always be sent

to a country in which the alien demonstrates that the reception can take place

i. Law (2014:655).



paragraph 5 of the aliens who have come to Sweden with a ship

or an aircraft and rejected because he or

She has no passport or permit needed to enter

in the country or agents for their journey home, may be brought back to the

vessel or aircraft or on board the other

such with the same owners or users (carrier). If the

is necessary that guards should also follow with

given space on the vessel or aircraft.



Refuses the master of the vessel or aircraft is to take

against the alien or guard,

The police authorities shall submit to the master liquidated damages.



The first subparagraph shall not apply if the vessel or aircraft

come to Sweden from a Schengen State, or shall

retire to a country to which the alien must not be sent as 1,

2 or 3 sections. Law (2014:655).



Enforcement of decisions that do not become final



section 6 of the Police decision on inadmissibility may be executed

even if it is challenged. The same is true for

The Migration Board's decision pursuant to Chapter 8. paragraph 17, second paragraph.

Law (2014:655).



section 7 of the Swedish Migration Board's decisions on inadmissibility pursuant to Chapter 8. section 17

the first paragraph or expulsion may be enforced even if

the decision has become final, if



1. the foreigner has declared itself satisfied with the decision

(nöjdförklaring), or



2. The Swedish Migration Board in accordance with Chapter 8. 19 § has decided to

the Administration's decision on expulsion may be enforced even though it

do not become final. Law (2014:198).



§ 8 General Court orders if expulsion due to infringement

may be executed, if the foreign national has issued nöjdförklaring and

Prosecutor admits that the decision may be executed. Law (2009:1542).



Expulsion and deportation of aliens who applied for

residence permit as a refugee or other protection status



8 a of If a foreigner applying for residence permits

refugee pursuant to Chapter 4. § 1 or other protection status

According to Chapter 4. 2 or 2 a §, a decision on inadmissibility

or deportation cannot be enforced before the application has been examined

and then rejected by a decision which has become final

or before a decision to refuse the application under Chapter 5. 1 b of

has become final.



The first subparagraph shall not apply if the Migration Board has decided

If immediate execution in accordance with Chapter 8. 19 § or

the alien has been expelled because of crime. In this case,

the decision on the expulsion enforced whenever the application

If the residence permit has been examined in an instance and then

refused.



The first subparagraph shall not prevent the alien forwarded,

extradited or transferred to another State or

International Court or tribunal to be tried or

serving a custodial sentence. Law (2014:198).



Expulsion and deportation of the foreigner sentenced to prison

accommodation



§ 9 a decision to expel a foreigner must not

executed until the alien has served a prison sentence

that he or she has been sentenced to or execution of

the prison sentence has been moved over to another country.



Have public prosecution brought against the alien, a decision

the expulsion will not be enforced until after the prosecution has

tried terminal or the indictment has been discontinued.



To discontinue enforcement (inhibition)



section 10 Has a foreigner appealed a decision that rejected

with immediate execution in accordance with Chapter 8. section 19, shall

The Migration Board consider whether enforcement of the decision until

Furthermore, it should be discontinued (inhibition).



In other cases the Immigration Agency to reconsider a

rejection decisions should really examine the question of inhibition.

Law (2014:198).



section 11 When an immigration court or Appeal

try an issue of residence permits for those in the public

the courts have been expelled due to crime or repealing

such an expulsion order, the Court may decide on

inhibition of the expulsion order. Team (2013:648).



section 12 If an international agency, which has jurisdiction to review

complaints from individuals, sending a request to Sweden to

the enforcement of an expulsion order

shall be suspended, unless special circumstances apply, the inhibition is granted, the

reasons against this.



12 a of If an alien has applied for temporary

residence permit under Chapter 5. 15 a of the first subparagraph, or

section 15 d, the Immigration Service decide whether inhibition of a

decision to expel the alien.

Team (2013:646).



12 (b) § If an investigating leader has applied for

temporary residence permit pursuant to Chapter 5. section 15, the

The Swedish Migration Board shall decide on the inhibition of a

expel the foreigner to whom the application relates.

Team (2013:646).



section 13 if there are special reasons in the other cases,

Immigration Service decide if inhibition.



There are also provisions on the suspension of 16 a and sections 18 to 20.

Team (2013:648).



13 a section Of a EEA citizen or his or her


family member after entering in Sweden has appealed

Police decisions on deportation or immigration

decisions on the expulsion, and in connection with

the appeal claims inhibition of the decision, it must not

executed before the question of inhibition has been tried.

Law (2014:655).



Prohibition of enforcement when temporary

residence permit has been issued



section 13 (b) Of the Immigration Agency has granted a temporary

residence permit under Chapter 5. 15 or 15 (d) section a

decisions on the expulsion of the alien does not

be enforced as long as the permit is valid.

Team (2013:646).



Executive authority



section 14 of the expulsion order to be enforced by

The Swedish Migration Board, unless otherwise provided in the second, third

or the fourth paragraph.



The security police to enforce the decision on refusal or

expulsion in safety matters. The Migration Board or the

Court decides the case may, however, in the decision on rejection

or expulsion order that another authority should ensure

enforcement.



The police authorities shall enforce



1. the Authority's decision on inadmissibility,



2. a general court orders if expulsion due to

crime.



The Swedish Migration Board may leave over a rejection or

deportation case for enforcement to the police authorities, if

the one who should be rejected or expelled absconds and not

can be reached without the involvement of the Agency, or it may

It is assumed that the force will be needed in order to execute the

the decision. Law (2014:655).



To set aside a decision on the period of voluntary departure



14 a of the authority under section 14 is liable for

the enforcement of an expulsion order may

set aside a decision on the period of voluntary departure, if it

during the period, there is a risk that the alien departs

or the alien poses a risk to public order and

Security.



A decision to revoke a decision on voluntary

departure must be reconciled with a re-entry ban, unless special

reasons related to the alien's personal circumstances speaks

against such a prohibition notice. Exclusion order shall

determined to not more than five years. Is the alien a serious

threat to public order and security may be a longer

period of time to be determined.



A decision to revoke a decision on voluntary

departure effective immediately. Law (2012:129).



To extend a period for voluntary departure



14 (b) § If for special reasons, there is a need for a longer

period of voluntary departure, immigration service or

The police deadline. Law (2012:129).



When an expulsion order shall be enforced



section 15 Decision on the expulsion, which do not contain

no period for voluntary departure should be implemented as soon as

possible.



Contain a decision on the expulsion a deadline

for voluntary departure to the alien to leave the country later when

the deadline expires. If the alien has not left the country when

the deadline has expired, or if the decision on the deadline for

voluntary departure previously suspended under section 14 (a), shall

the decision on the expulsion enforced as soon as

possible thereafter.



Enforcement of decisions on the expulsion of a

EEA citizen or his or her family member who has

entered in Sweden may be made no earlier than four weeks from the date

The EEA citizen or family member received the decision, if

There are no serious reasons to enforce the decision.

Law (2012:129).



15 a § has a foreigner not left the country when a time limit for

voluntary departure expires, the authority that issued the

the deadline for a re-entry ban. Exclusion order shall

be determined for one year.



Exclusion orders referred to in the first subparagraph may not, however, be notified of

the decision on the expulsion may not be executed on the

because of a decision on an application for interim relief,

residence permit or an application for a new trial or if

specific reasons speak against such a prohibition notice.

Law (2012:129).



Suspension of the decision on expulsion and deportation in certain cases



section 16 Of the Immigration Office after reconsideration grants a

alien a residence permit, may work

at the same time, set aside a decision of inadmissibility

or expulsion.



If the immigration service grants a time-limited

residence permit without having to reverse the decision on inadmissibility

or expulsion, the decision on the expulsion

not be enforced while the permit is valid. The same applies

If an immigration court or Appeal in a

appealed the case, grant a temporary

residence permit without having to reverse the decision on inadmissibility

or expulsion.



In Chapter 5. section 20 provides that the immigration service may not grant

residence permit for any person who has been expelled by court

because of crime. Law (2009:1542).



16 a of an alien who has been expelled by court on

because of crime, of the migration agency requesting a waiver

by expulsion after the decision becomes final

force. In such a case, the Migration Board shall decide on

inhibition of the expulsion order.



If the application is made during the alien's stay in Sweden,

Immigration Service decide to take up the application for examination

only if the alien invoking such circumstances can

is assumed to be an enduring such a barrier to enforcement

referred to in paragraph 1, 2 or 3 and those circumstances do not

been relied upon by the alien before, or the alien

shows valid excuse not to have relied on the facts

earlier.



Are the conditions for the examination of such applications as

referred to in the second subparagraph are not fulfilled, the Swedish Migration Board

decide not to grant review.



The Swedish Migration Board shall not suspend a general court order

If the expulsion because of crime. If the Immigration Service finds

that an application should be granted under section 16 d, shall not

decide on the matter without having an own opinion leave over this

to the Migration Court to which the Board's decision in

the question could be appealed. Team (2013:648).



16 (b) of the question whether the General Court has been expelled on

because of crime, an immigration court or

Of appeal, after immigration

position in the matter, granting residence permits and

work permit if it



1. There are obstacles, under paragraph 1, 2 or 3 to

the expulsion order is enforced,



2. There is reason to assume that the intended country of destination

will not be willing to accept the alien,



3. are medical obstacles, or



4. otherwise, there are serious reasons.



The assessment referred to in the first subparagraph 4, the following particular

be taken into account:



-nature and extent of crime,



– the time that has elapsed since the expulsion order

It was announced,



-alien's good character and potential for continued

crime, and



– the alien's State of health and living conditions in

otherwise.



If the Migration Court of appeal or finds

that the alien is a refugee according to Chapter 4. § 1 or other

subsidiary protection status pursuant to Chapter 4. 2 or 2 a § also applies to the

as indicated in Chapter 5. § 1. If an international body, which has

jurisdiction to hear complaints from individuals, found that a

General Court orders if expulsion because of crime in a

particular case violates a Swedish Convention obligations

also applies as set out in Chapter 5. 4 section. Team (2013:648).



16 c § A residence permit granted under section 16 (b),

be limited in time. The expulsion order cannot be enforced

While a temporary permit.



If an expulsion order is revoked under section 16 d

the foreigner is granted a permanent residence permit. This

However, if the foreign national applies only after the

the expulsion order became final has been granted

temporary residence permits for a total of at least five

year. Team (2013:648).



paragraph 16 (d) in the case of the one who has been expelled by court on

because of crime, an immigration court or

Of appeal, after immigration

position in the matter, to suspend the expulsion order entirely

or in part, on such conditions as specified in paragraph 16 (b)

the first and second subparagraphs are satisfied. Team (2013:648).



Measures in case of refusal of enforcement



section 17 Of an authority other than the Swedish Migration Board shall enforce

a decision on the expulsion and that authority

finds that it cannot enforce the decision or to the

needs additional information, it shall notify the

The Swedish Migration Board. The same applies if the alien in

the Agency cites that there are such barriers as referred to in

1, 2 or 3 of the enforcement or otherwise

going forward there may be obstacles.



The Swedish Migration Board shall in such case give instructions on

enforcement or take other measures.



If a general court orders if expulsion due to infringement

of a EEA citizen or a citizen's family member

to be enforced more than two years after the decision

It was announced, the police authorities before the decision is enforced

investigate if the circumstances which were the basis for the decision

has been changed. If the investigation concludes that the

circumstances have changed in such a way that

the expulsion order should no longer be valid, should the matter be left

over to the immigration service as its own opinion shall

hand over the matter for review under section 16 d of the

the immigration court to which the Board's decision in respect of

suspension of the expulsion order could be appealed.


In such cases, the expulsion order may not be executed before

the Migration Court has ruled on the matter. Law (2014:655).



section 18 where, in a case concerning the enforcement of a decision on

the expulsion as a legally valid will develop new

circumstances under which



1. There is a barrier to enforcement under 1, 2, or

section 3,



2. There is reason to assume that the intended

the host country will not be willing to accept

the alien, or



3. There are medical obstacles or other special

reason that the decision should not be enforced,

The Swedish Migration Board, if the barrier is formed, granting permanent

residence permit.



There is only a temporary obstacle to enforcement,

the work may grant a temporary residence permit.



Children may be granted permanent or temporary

residence permit as referred to in the first subparagraph 3 even if they

circumstances that will not have the same seriousness and

weight required for the permit shall be granted to adults

persons.



The assessment referred to in the first subparagraph 3 of if there is any

other special reason that a judgment should not be enforced

should the consequences for a child to be separated from their

parent special consideration shall be given, if it is clear that

residence permit due to the strong connection in accordance with Chapter 5.

section 3(1) 1 – 4 or Chapter 5. paragraph 3 (a) 1-4

or the second paragraph would have been granted if the assessment made

prior to entry into Sweden.



The Swedish Migration Board may also decide whether the inhibition.

Law (2014:778).



Article 19 If the alien in a case concerning the enforcement of a

expulsion order which becomes final

invoking new facts



1. which can be assumed to be an enduring such obstacles

enforcement referred to in paragraph 1, 2 or 3, and



2. these circumstances could not be relied upon by the alien

in the past, or the alien shows valid excuse for not

have invoked the circumstances previously,



the Swedish Migration Board shall, if the decision on a residence permit cannot be

notified in accordance with section 18, the issue of residence permits to

new trial.



Are the conditions referred to in the first subparagraph are not fulfilled, the

The Swedish Migration Board may decide not to grant a new trial.



The decision on the expulsion may not be enforced

before the Swedish Migration Board has decided the question of whether new trial should

or, if a new trial is granted, before the issue of the

residence was settled by a decision

become final.



The first subparagraph shall not apply if the alien

an applicant for a residence permit as a refugee pursuant to Chapter 4. 1 §

or that other subsidiary protection status pursuant to Chapter 4. 2 or 2 a of the

and such an application not previously under the alien's stay

in Sweden has been tried by a final decision. In a

such a case, the Migration Board examine the application and decide on the

inhibition in the enforcement matter. Law (2009:1542).



19 a of If an alien who has been expelled by court on

violation of CITES such circumstances set out in section 19 of

the first subparagraph of paragraph 1 and these circumstances have not been able to

invoked by the alien before, or the alien Shows

valid excuse not to have relied on the facts

earlier, the Swedish Migration Board to address the issue of

residence permit for examination.



Are the conditions referred to in the first subparagraph are not fulfilled,

to the Swedish Migration Board may decide not to grant review.



The expulsion order may not be executed before

The Swedish Migration Board has issued a decision on redress shall be made

or, if the trial is granted, before the issue of the

residence permit have been tried in an instance and application

thus refused.



The first subparagraph shall not apply if the alien

an applicant for a residence permit as a refugee pursuant to Chapter 4. 1 §

or that other subsidiary protection status pursuant to Chapter 4. 2 or 2 a of the

and such an application not previously under the alien's

stay in Sweden has been tried by a final

decision. In such a case, the Migration Board test

the application. Team (2013:648).



20 § if in a case involving a public court decision

If the expulsion on grounds of crimes will arrive such reasons as

specified in paragraph 16 (b), the Swedish Migration Board shall not take decisions in

the case without having an own opinion leave this to the

the immigration court to which the Board's decision in respect of

residence permits could be appealed. In such a

case, the Migration Board decide on inhibition.

Team (2013:648).



When a decision must be considered to be effected



section 21 of An expulsion order shall be deemed to

enforced, if the alien has left the country. This applies to

not, however, if the foreign national is extradited, handed over or transmitted

to another State or international court or tribunal

in a criminal proceeding, to the condition that the

the foreigner should be reversed. Law (2009:1542).

When a decision ceases to be valid



section 22 of An expulsion order which has not been

judgment of the Court will expire four years from the

that decision became final. If the decision has been joined with

a prohibition to return to Sweden with longer

validity period, ceases the decision on the expulsion

to apply only when the time of the exclusion order.



A deportation order given by general courts

always ceases to apply when the time of the exclusion order today

out.



If permanent residence is granted, the ends of a decision

If the expulsion which has not been issued by the General

Court to be valid. Team (2013:648).



New enforcement of decisions is not expired



section 23 has an expulsion order had been carried out,

and reached the alien then here in the country, the decision

be enforced again, if it has become final or the

According to § 7 or 8 anyway may be executed and if it has not

expired under section 22.



Expulsion decision may not be enforced

If the alien



1. returned with residence permits or visas,



2. returned after receiving special permission to a card

visit this country in accordance with Chapter 8. section 25 or 8 a Cape. section 9,

or



3. after the return has been granted a temporary

residence permit.



What is said in the second paragraph 1 applies during the term

for permit or visa.



An expulsion decision which is not subject

with any applicable prohibition to return may not be

enforced if the foreign national is exempt from the requirement of

Visa or residence permit under Chapter 2. 8 (a), first

subparagraph (b) or section 8 or under regulations that have

issued pursuant to Chapter 2. § 9. Law (2014:198).



Chapter 13. The handling of the cases of administrative authorities

accommodation



Oral treatment



section 1 of the Swedish Migration Board may not decide on a bounce or

the expulsion of a foreign national who has applied for asylum in Sweden

or refuse a foreigner requested status explanation without

been oral proceedings at the Immigration Office. Oral

processing shall also otherwise be undertaken at the request of the

the alien, unless such a procedure would miss

importance for determining asylum case. The processing can be done in

the form of an oral hearing or in other form.

Law (2009:1542).



section 2 of the Oral proceedings in a case concerning custody or supervision

shall be carried out by the authority that decides on the action.



3 § at the oral proceedings, the circumstances that

need to be cleared carefully investigated. The alien shall have the opportunity

to explain its position and to express an opinion on the

circumstances invoked in the case.



4 section at the hearing, the alien can be heard.

Authority may determine that other people than the alien

to be heard at the hearing.



In Chapter 10. 11 § there are special rules about when oral

the hearing shall be held in some cases.



section 5 of the foreign national and other persons to be heard shall be called

to the hearing. If the foreign national is held in

detention, the authority carrying out the oral

the hearing to decide if the alien's appearance.



If the person who is to be heard in a case concerning custody or supervision has

service of the notice at least four days prior to the oral

the hearing and fails to appear without good reason, the authority may

decide that he or she will be retrieved by Police

merchandise. Persons other than the alien may, however, only

If there are serious reasons. Law (2014:655).



section 6, an alien who appeared at a hearing

as concerns the question whether he or she should be detained or be

under review is entitled to reimbursement of public funds

cost of travel and accommodation, if deemed reasonable with

account of the economic circumstances, the time he

or she has been resident in Sweden as well as other circumstances.

Advances may be granted compensation.



Other persons summoned have appeared at an oral

hearing to be heard has the right to equitable remuneration of

public funds for the costs of their appearance. Advances may

be granted compensation for travel and subsistence.



section 7 Compensation and advances are decided by the authority

conducting the hearing.



§ 8 the Government may announce details relating to compensation

and advances.



Party's right to receive information in some cases



section 9 in respect of visa, residence permit,

work permits and revocation of permanent

residence permit or long-term resident status in

Sweden applies the provisions of section 17 of the administrative procedure act


(1986:223) if the right of a party to receive data only

When the foreigner resides or is otherwise allowed in Sweden.

Law (2014:198).



9 a § When the Immigration Agency initiates a case of withdrawal

Declaration of status, the alien shall be notified.



A status explanation may not be withdrawn without the alien

have had the opportunity to be heard. Law (2009:1542).



Motivation of decisions



paragraph 10 of the decision must be in writing and contain the reasons

is the basis for the decision it intends



– right of residence,



– travel documents,



– residence permit



– work permit



– the status of the Declaration,



– long-term resident status in Sweden,



– expulsion,



– exclusion orders,



– repeal of public judicial deportation order because

of crime,



– extension or suspension of the period for voluntary

departure,



– custody or supervision, or



-body search.



In decisions on the national visa, the reasons that

is the basis for the decision is omitted. A foreigner has

However, always right to the justification of a decision in respect of

National Visa, if the decision goes against national and

the foreigner is a family member of an EEA national or

covered by the agreement between the European Community and its

Member States, on the one hand, and Switzerland on the other, on the free

movement of persons, without being EEA nationals or

citizens of Switzerland. Law (2014:198).



Interpreter compensation



section 11 of The program's interpreter at the handling of a case under the

This law before an authority is entitled to receive the public funds

fees and compensation for expenses and loss of time. This

does not apply if the assignment has been completed in the service.



The question of compensation must be examined by the authority which deals with

case.



The Government or the authority that the Government may

announce details relating to compensation.



Rectification of decisions because of false information



section 12 of an authority may decide for the rectification of its decision, if a

foreigner has submitted false information about its name, its

nationality or any other circumstance of relevance to

to the foreigner's identity shall be established, and the

incorrect task has been included in the Agency's decision.



Review of the Migration Board's decision



paragraph 13 of the Immigration Service Finds that a decision has

announced that the Court of first instance is incorrect due to new

circumstances, or for any other reason, the Agency

change order, if it is not to the detriment of the foreigner.



Obligation does not apply, if the immigration service has provided over

the documents in the case to an immigration court.



In security matters concerning section 27 of the Administrative Procedure Act (1986:223)

rather than that provided for in the first and second subparagraphs.



The commissioning of opinion in matters concerning work permits



section 14 in the examination of questions concerning work permits which have

fundamental importance or which is otherwise of major importance

the relevant employers ' and workers ' organizations have

opportunity to be heard.



DNA analysis



section 15 in respect of residence permit because of

family connection in accordance with Chapter 5. 3 paragraph 2 and 3 a of the

first paragraph 2-4 and the third paragraphs 2 and 3 shall

The Migration Board provide the applicant and the person to whom the

connection invoked the opportunity to obtain a DNA analysis performed when

the case of the biological kinship invoked in the application,

If



1. the other investigation into kinship is not sufficient

for residence permits are to be granted, and



2. it is not clear that the referenced

relationship does not exist.



If the application is to be refused for reasons other than because of

insufficient proof of the kinship, need the opportunity to

DNA analysis as referred to in the first subparagraph.



A DNA analysis may be carried out only if the person to be examined

have been informed about the purpose of DNA analysis and has given his

written consent.



The cost of sampling, transport of samples and analysis should

paid for by the State. Law (2014:778).



16 § has DNA analysis in other cases than those referred to in section 15,

raised in a case concerning a residence permit on the basis of

family connection in accordance with Chapter 5. 3 paragraph 2 and 3 a of the

first paragraph 2-4 and the third paragraphs 2 and 3, the

paid for a DNA analysis, the right to compensation from the State for

reasonable cost of sampling, transport of samples and

analysis, if



1. the applicant has not been given an opportunity to get a DNA analysis

conducted under section 15,



2. the analysis shows that relied on kinship, and



3. residence permits are granted on the basis of the referenced

family relationship.



Decision on compensation granted by the immigration service after

special application. Applications for compensation should be made within six

months after the matter of residence permit

been settled definitively. Law (2014:778).



Chapter 14. The appeal of an administrative decision by the authorities



General information about appeal



1 § administrative decisions made under this Act may

subject to appeal only in the cases provided for in this chapter.



Expulsion and deportation, as well as residence permits and

work permit



Police decision



section 2 of the Police decision on expulsion may be appealed to the

The Swedish Migration Board. If the Police decision on inadmissibility

taken in conjunction with a decision on the revocation or

withdrawal of a Schengen visa appeal, however,

bounce it, to an immigration court. Law (2015:91).



The Migration Board's decision



section 3 of the Swedish Migration Board's decision may be appealed to a

immigration court if the decision means



– expulsion,



– refusal of an application for revocation of the General Court

decisions on expulsion on the grounds of crime,



– rejecting an application for a residence permit, work permit

or long-term resident status in Sweden, or



– withdrawal of a residence permit, work permit

or long-term resident status in Sweden.

Law (2014:198).



section 4 of the Swedish Migration Board's decision rejecting an application for

temporary residence permit pursuant to Chapter 5. 15 § or

decisions on the revocation of a permit issued pursuant to

of Chapter 5. section 15 may be appealed to the immigration court. Only

investigating the leader may appeal against such decisions.

Law (2007:322).



4 a of the Swedish Migration Board's decision rejecting an application for

residence permit under Chapter 5. 15 (b), or section 16 or

decisions on the revocation of a permit issued

on the basis of Chapter 5. 15 b of an appeal may be brought before the

the immigration court. Only Police are allowed to appeal the

such decisions. Law (2014:655).



4 b of the Migration Board's decision rejecting an application for

residence permit under Chapter 5. 15 (c) or 16 (b) § or decision

in the case of revocation of a permit issued pursuant to

of Chapter 5. 15 c section may be appealed to the immigration court. Only

the Social Welfare Board may appeal such decision. Law (2012:322).



paragraph 5 of the Migration Board's decision not to grant new trial

According to Chapter 12. section 19 may be appealed to the immigration court.

The same applies to the Administration's decision not to grant review

According to Chapter 12. 16 (a) or section 19. Team (2013:648).



Visa



5 a of A decision refusing

Schengen visa or on the suspension or revocation of the

Schengen visa may be referred to an immigration court.



A decision may be appealed to an immigration court

the decision means the refusal of the national visa

or withdrawal of national visa for a foreigner

is a family member of an EEA citizen or subject

the agreement between the European Community and its Member States

on the one hand, and Switzerland on the other, on the free movement of

people, without being EEA nationals or nationals of

Switzerland. Law (2014:198).



Right of residence



5 b of the Swedish Migration Board's decisions concerning the right of residence,

subject to appeal to an immigration court. Law (2014:198).



Status explanation and travel documents



section 6 of the Migration Board's decision pursuant to Chapter 4. 3, 3A, 3 c and

4 § § in the case of status explanation or travel documents or

If withdrawal of status explanation may be appealed to a

the immigration court. Law (2009:1542).



Alien's passport



6 a of the Swedish Migration Board's decision rejecting an application for

alien's passport may be referred to an immigration court if

the issue of alien's passport has been dealt with in the context of a

decision rejecting an application for a residence permit.

Law (2014:778).



Disposal of tickets



section 7 of the Police or the Immigration Service decision under 9

Cape. section 6, to take care of tickets may be referred to a

the immigration court. Law (2014:655).



Exclusion orders and decisions to revoke a decision deadline

for voluntary departure



7 a of the Police or the Immigration Service decision to

info exclusion orders or to annul a decision

voluntary departure may be referred to a

the immigration court.



The Swedish Migration Board's rejection of an application to revoke a

exclusion orders may be appealed to an immigration court.



The deadline for appeals of the Swedish Migration Board's decision on the

exclusion orders under 12 Cape. 15 a section begins on the day

the decision ordering their exclusion. Law (2014:655).



Public counsel, replacement, agents and conflict of interest



paragraph 8 of the decision of the police, the security police, or

The Migration Board under this Act may be appealed against, in particular,

and then in the same order that the decision of the authority

determines the matter, when the authority intends



1. ask for public assistance, or



2. compensation in a case dealt with under this Act.




The provisions of sections 9 and 12 administrative law (1986:223)

applies in the case of an appeal by the Police,

The security police or the Migration Board's decision on rejection

by agent or counsel or of his disqualification.



Decision of the Cabinet Office in matters referred to in the first and second

the pieces may be referred to an immigration court.

Law (2014:655).



8 a of the Swedish Migration Board's decision regarding compensation for cost

for DNA analysis under Chapter 13. section 16 may be referred to a

the immigration court. Law (2006:220).



Custody and supervision



§ 9 decision of the police, the security police, or

Immigration Service detention or supervision may be appealed to the

an immigration court.



Detention or supervision may be appealed in particular and

without limitation to the specific amount of time. Law (2014:655).



section 10 of the Swedish Migration Board's decisions in specific cases in matters of

treatment or placement of foreigners held in

detention under 10 Cape. 20 section or Chapter 11. 3-13 section may be appealed

to an immigration court.



Security matters



section 11 of the Migration Board's decision in the case of deportation, expulsion,

residence permits, work permits, status explanation,

travel documents, long-term resident status and detention in a

safety case may be appealed by the security police.

Law (2014:198).



12 repealed by law (2009:1542).



13 repealed by law (2009:1542).



Cost responsibility and specific fees for carriers



section 14 of the Police or the Immigration Service decision

cost responsibility under Chapter 19. 2 or 3 sections or specific charge

According to chapter 19. section 5 or Police decisions on specific

fee under Chapter 19. 5 a section of carrier may be appealed to the

General administrative courts.



Leave to appeal is required for an appeal to the administrative court.

Law (2014:655).



Rejection of the application for a residence permit



14 a of the decision to reject an application for asylum pursuant to 5

Cape. paragraph 1 (b) or (c) section may be appealed to a

the immigration court. Law (2009:1542).



15. Nöjdförklaring



(1) a foreign national who has the right to appeal a decision

the expulsion may explain that he or she waives

from to appeal the decision or judgment in the part

(nöjdförklaring).



2 § Nöjdförklaring may be made before the authority or

Court which has issued the decision or judgment.



Nöjdförklaring may also be made before



1. The police even if the authority has not informed the

crucial that the Declaration applies, or



2. the head of a correctional institution or Manager of a

custody or any other officer there who have designated to

receive such an explanation.



If nöjdförklaringen be made before another authority or

Court which has issued the decision or judgment, required

a witness's presence. It also requires that the person receiving

the Declaration has access to a copy of the decision or

judgment or evidence about what the ruling contains.

Law (2014:655).



section 3 A nöjdförklaring can not be taken back. If the alien

has appealed the decision or judgment when nöjdförklaringen

released, the alien by nöjdförklaringen shall be deemed to have taken

withdrew its appeal of the decision on expulsion or

expulsion. If the foreign national has applied for a residence permit,

work permits, status explanation, travel documents or

alien's passport, the foreigner by nöjdförklaringen shall be deemed to have

withdrawn its application. Law (2009:1542).



16. Migration courts and Appeal



The courts



1 § Government Announces rules on the

management rights to be the immigration courts and the

the immigration court is competent to deal with security matters.

The Government also announces rules on jurisdiction

Migration visa court case. Migrationsöverdomstol is

Kammarrätten i Stockholm.



If the Migration Court and Appeal and

the procedure in this case what is prescribed if

administrative law and the administration of Justice in the Chamber right and these, if

Save as otherwise provided for by this law. Law (2011:705).



section 2 of the juror in an immigration court should be mentioned in the

administrative law is the immigration court. Law (2009:845).



Reinforced composition in Appeal



section 3 Of law in dealing with a case in

Of appeal considers that the decision could have a significant

fundamental importance, proceedings or, if it can be done, a certain

issue in the discretion of the Appeal by seven

Members-in-training.



Handling



section 4 of the Goals on the expulsion and detention shall

be dealt with promptly.



Hearing



paragraph 5 of the Procedure in writing.



In processing eligible for hearing in a certain

question, when it is likely to be beneficial to the investigation

or promote a quick settlement of the dispute.



In an immigration court hearing be held, if a

foreigner for submissions requesting it and hearing

not is unnecessary and also not special reasons speaking against

it.



Hearing must be held in an immigration court

in cases involving expulsion or refusal to renew a

residence permit for an alien who is an EEA citizen

or a family member of an EEA citizen or subject

the agreement between the European Community and its

Member States, on the one hand, and Switzerland on the other, on the free

movement of persons. Even in cases involving expulsion or

where the application for a residence permit has been denied, oral

hearing held in an immigration court, if requested by the

such a foreigner and if he or she has applied for

residence permit. In these cases, however, oral

a hearing will not be held if this would be contrary to the

interest of national security.



If an alien who has been summoned to appear under penalty

person to a hearing fails to appear, the Court may decide

He or she will be taken to court either immediately

or to a later date. Law (2014:198).



Counterparts in some cases



section 6 relating to inadmissibility is a counterpart to the Finnish immigration service

the foreigner.



When a decision of a safety case be appealed are both

The Migration Board that the security police counterparts to

the foreigner in dealing with in the Migration Court and in

Of appeal.



In a case concerning a residence permit to the person of the General Court

has been expelled on grounds of crimes, or repealing a

such expulsion decisions, the immigration service and, in the case of

a security incident, the security police counterparts to

the foreigner in dealing with in the Migration Court and in

Of appeal. Team (2013:648).



Referral back



7 repealed by law (2009:1542).



section 8 if, during the processing of a target in a

the immigration court is found that it is a

safety case under this law or a matter to be

dealt with under the Act (1991:572) on special

immigration control, the Court shall remove the

decision and transfer the case to the Immigration Office for

processing



If, during the processing of the Appeal

It appears that this is a security matter under this

law or a matter to be dealt with under the law of

Special immigration control, the Appeal

eliminate the migration decision of the Court of Justice and the immigration service

and transfer the case to the Immigration Office for processing.

Law (2009:1542).



Appeal



9 § an immigration court decisions may be appealed to the

Of appeal. An immigration court ruling in case

If rejection at first instance examined by Police

may, however, not subject to appeal in cases other than those referred to in 14

Cape. the second sentence of paragraph 2.



An immigration court detention otherwise than after

appeal of the detention issue may be appealed in particular to

Of appeal.



Migration decisions may not be appealed.

Law (2015:91).



10 § an immigration court decision concerning custody may be appealed

without limitation to the specific amount of time. Team (2013:107).



11 § leave to appeal is required at the appeal of a

immigration court decision to Appeal.



At the appeal of an immigration court decision according to § 9

the second paragraph is not necessary.

Leave to appeal is not required either for an appeal of a

immigration court decisions in terms of status, declaration or

residence permit as a refugee pursuant to Chapter 4. 1 § or

other subsidiary protection status pursuant to Chapter 4. 2 or 2 a of the following

surrender in accordance with Chapter 4. 6 paragraph or Chapter 5.

section 20, second paragraph. Team (2013:648).



section 12 leave to appeal in the Appeal will be notified of



1. it is important for the leadership of the law to

appeal of Appeal, or



2. There are serious reasons to consider the appeal.



12 a of certiorari may be restricted to a

specific issue, whose trial is of importance for the management of

law enforcement (prejudikatfråga) or a specific part of the

goal.



In the meantime, the award is made in accordance with a

certiorari which was limited within the meaning of the first subparagraph

may Appeal to explain the issue of communication of

leave to appeal concerning the case of otherwise wholly or partly

dormant.



To the extent that leave to appeal be granted and

the question of whether leave to appeal nor in abeyance,

the decision under appeal should stand firm. An indication of this

should be included in the migration decision. Team (2013:107).



12 (b) § if the Appeal pursuant to paragraph 12 (a)


have tried a prejudikatfråga the Court may, if additional

testing is required, fully or partially based its decision of

the goal of the Migration Court or, with the

removal of lower legal or official ruling,

decide on the referral of the case for continued treatment.

Team (2013:107).



Chapter 17. Obligation to provide data



section 1 of the Social Welfare Committee shall disclose information about an alien

personal circumstances, if the police service,

The security police, immigration service, an immigration court

or Her request and information

needed to determine an action for a residence permit or

a case of long-term resident status in Sweden or

in order to enforce an expulsion order.

The same applies when the question was raised whether the alien has

the right of residence. Law (2014:655).



section 2 If a foreigner in a case under this Act invokes a

certificate of their mental or physical health, a health and

medical authority at the request of the authority or court

handling the case provide the information needed to

assess the endorsements.



paragraph 3 of the social insurance and Pensions Authority has the right to take

information about the individual of the Migration Board. If the

There are reasons for it to the Migration Board on its own initiative

provide such information to the insurance fund and

Pensions authority.



Government Announces additional regulations on the

information to be disclosed in accordance with the first paragraph.

Law (2009:1013).



Chapter 18. Public counsel



section 1 the public counsel should be appointed for the operation

relates, unless it must be assumed that the need for assistance is missing, in

matters concerning the



1. expulsion, though not in law enforcement if not

the alien under 10 Cape. 1 or 2 § remained in detention since

more than three days,



2. expulsion in accordance with Chapter 8. 6 or section 10 or section 11 of the other

subparagraph,



3. enforcement of expulsion decisions

under this law, if the decision on the inhibition of the

The Swedish Migration Board, an immigration court or

Of appeal or if the new trial granted,



4. enforcement of expulsion decisions

under this law, but only with regard to the question of custody

under 10 Cape. 1 or 2 and the alien held in custody

For more than three days, and



5. home consignment according to Chapter 23. 2 §.



Public counsel should always be appointed for children held in

detention under 10 Cape. 2 section, if the child has no guardian

here in the country. Law (2014:655).



1 a § in cases involving appeals against decisions of the Finnish immigration service

question on status declaration shall, at the request of the alien

public counsel may be appointed if the alien is in

Sweden and it is not clear that the alien will not

to be granted yrkad status explanation. Law (2009:1542).



2 repealed by law (2013:648).



section 3 of the person appointed as public counsel for a child

who lack guardians in this country are without specific

order the child's representative in the case or matter

the writ alleges. However, this does not apply if there is a good

one of the child under the Act (2005:429) if the trustee for

unaccompanied children.



section 4 of The who is appointed as guardian ad litem for a child under the law

(2005:429) if the guardian for unaccompanied children must apply for

residence permit for the child, if this is not obvious

unnecessary. If such a good man is not authorised, for what

as the foregoing instead whoever is appointed as a public

Counsel for the child.



19. Cost liability



The alien's responsibility for travel expenses



(1) an alien who is expelled or deported is obliged to

pay the cost of their own journey to the place where he or

She sent or ordered to travel through a government agency.



Carrier's liability



2 § If aliens who have come to Sweden with a ship

or an aircraft directly from a State not covered by

The Schengen Convention is rejected because the foreigner does not have a passport

or the permit needed to enter the country or

funds for the return journey, the carrier is liable to compensate the State

for



1. the cost of the trip from Sweden,



2. travel costs from Sweden and back for the

security professionals who need to comply with, and



3. the costs of the alien's living here before the rejection

can be enforced, if the delay of the execution depends on

the carrier.



The carrier (ship or aircraft owner or

users) shall be wholly or partly exonerated from this obligation,

If



1. the carrier turns out to have had reasonable grounds to believe

that the alien had the right to enter in Sweden, or



2. taking into account the cost, size, or for other reasons

seems clearly unreasonable to require compensation for

the cost.



3 § If an alien is employed on board a vessel or

an aircraft leaving the vessel or aircraft under its

residence in Sweden and illegally entering in Sweden and

rejected, the carrier is obliged to



-pay the costs of the alien's journey from Sweden, and



-responsible for the costs of the alien's living expenses for the

coming three months after entry.



What about a foreigner who is employed on board an

vessels or aircraft shall also apply in the case of a foreigner

that without permission has followed with such vessels.



Has vessel or aircraft foreign owners or users,

is the master to owner's or user's behalf

reply for costs pursuant to the first subparagraph, if it is not

manifestly unreasonable.



paragraph 4 of the decision on liability will be notified of the authority

executing the rejection.



Special charges



§ 5 A carrier who has not fulfilled his duty

According to Chapter 9. paragraph 3 shall pay a special fee, if the decision on the

rejection issued on the grounds that the alien does not have a passport

or the permits required for entry and the decision won

the force or committed despite not won Cook

force.



The carrier shall not pay any separate fee, if



1. the carrier turns out to have had reasonable grounds to believe

that the alien had the right to enter in Sweden, or



2. it seems manifestly unfair to levy the charge.



5 a of A carrier who has not fulfilled its

obligation under Chapter 9. 3 a § shall pay a special

fee.



The carrier shall not pay any separate fee, if



1. the carrier indicates that the failure is not due to errors

or neglect, or



2. it seems manifestly unfair to levy the charge.

Law (2006:447).



section 6 of the special levy under section 5 shall for each foreigner

determined to not more than 46 000 SEK.



The special levy referred to in section 5 shall, for each flight

that have been made, but that the carrier has fulfilled its

obligation shall be deemed to be not more than 46 000 SEK.

Law (2006:447).



section 7 issue of the carrier shall pay a fee in accordance with paragraph 5 of

be examined by the authority to enforce the expulsion.



Asked if the carrier shall pay a fee in accordance with paragraph 5 (a)

be reviewed by the Police Department.



Contribution under section 5 shall be paid to the immigration service.

The fee referred to in section 5 is to be paid to the police authority.

Fees to the State.



Objectives of the levying of fees are handled as general objective.

Provisions of the Recovery Act (1993:891) if

recovery of State assets etc Law (2014:655).



section 8 Government may provide for that other

authority than the police authority should examine the issue of

the carrier shall pay a fee in accordance with paragraph 5 (a).

Law (2014:655).



20 chapter. Provisions for penalties, etc.



§ 1 to fine convicted aliens who willfully or

negligence is staying in Sweden without prior written permission

and without that the alien has applied for such a permit

or investigating leaders have applied for temporary

a residence permit of the alien pursuant to Chapter 5. section 15.



In minor cases, the prosecution of offences under this section does not

be instituted unless it is justified from a public point of view.



2 § To imprisonment not exceeding one year, or, if the crime is petty,

to a fine sentenced a foreigner who willfully reside in

Sweden even though he or she is under an enforced decision

deportation under 8 a Cape. 1 or paragraph 5 did not have the right to

return here.



The provisions of the first subparagraph shall not apply if the alien

have fled here for reasons referred to in Chapter 4. 1, 2, or 2 a of.



In call cases, prosecutions for offences referred to in the first subparagraph shall not

be instituted unless it is justified from a public point of view.

Law (2014:198).



3 § fined sentenced a foreigner who willfully or

negligence has employment or engages in activities that require

work permits, without being in possession of such a permit.



section 4 to a fine or imprisonment not exceeding one year are sentenced a

foreigner who knowingly illegally crossing a

external borders under the Schengen borders code.

Law (2015:91).



5 § fined or, when circumstances are aggravating,

imprisonment not exceeding one year are judged on who willfully or

negligence has an alien on an employed basis, if the alien



1. do not have the right to stay in Sweden, or



2. have the right to stay here, but it lacks the prescribed

work permit.



In the case of imposition of special fee applies to 12-14 sections.

Team (2013:646).



section 6, fined, or when circumstances are aggravating,

imprisonment of up to six months is sentenced




1. a person who intentionally or negligently does not make notification

provided in a regulation adopted pursuant to this

law,



2. in a notification or an application case under this

law or under a regulation issued on the basis of

This Act deliberately leaves false information or knowingly

fails to mention any relationship of importance.



section 7 To imprisonment not exceeding two years or, when circumstances are

mitigation, a fine person who by hiding an alien

or by any other such action intentionally help

the foreigner to reside illegally in Sweden, another

EU State or Iceland, Norway, Switzerland or Liechtenstein, if

This is done for profit.



For attempted crimes under this section shall be liable to a responsible

According to Chapter 23. the Penal Code. Law (2011:1209).



§ 8 The who deliberately helps a foreigner to unlawfully

Enter or pass through Sweden, another EU Member State or

Iceland, Norway, Switzerland or Liechtenstein is convicted of

smuggling to imprisonment not exceeding two years.



The crime is considered aggravated is convicted of aggravated trafficking in human beings

to jail six months to six years. At

determining whether the offence is aggravated, special consideration shall be given to whether

the deed



1. performed for remuneration,



2. formed in the course of an activity which meant a large number of

people, or



3. carried out under forms which involves mortal danger for the foreigner

or otherwise performed during ruthless forms.



Is the crime considering that call is sentenced to a fine or imprisonment

a maximum of six months.



For tests or preparation for a crime under this section

sentenced to liability under Chapter 23. the Penal Code. Law (2011:1209).



§ 9 the profit plan or organize

activities aimed at promoting that foreigners traveling

to Sweden without a passport or permit required for entry

in Sweden is convicted of organising the smuggling of

imprisonment of up to two years.



Is the crime of aggravated sentencing for a serious organisation of

smuggling of imprisonment of not less than six months and not more than

six years. In determining whether the offence is aggravated, especially

be taken into account if the Act involves the systematic use of

the vulnerable situation of foreigners, or involves mortal danger or

other recklessness towards the foreigners.



Is the crime considering that call is sentenced to a fine or imprisonment

a maximum of six months.



It helps a foreigner to travel to Sweden without a passport

or the permits required for entry into Sweden is convicted of

felony offense under first-third paragraphs. This applies to

If the aide knew or had reasonable cause to believe that

the trip organised for profit through such activities as there

said.



Forfeiture



section 10 of the Compensation granted to the perpetrators of crimes

According to section 7, 8 or 9 shall be declared forfeited. The same

respect of the exchange of such breach. Also what someone has taken

received as compensation for costs incurred in connection with such

offence or the value of the received receipt shall constitute

offence under this Act and the offence is prescribed

jail for more than a year, is declared forfeited.

Means of transport used or intended to be used

When an offence referred to in section 7, 8 or 9 may, if the crime was

been completed or if the procedure constituted a punishable attempt

or a criminal preparation, declared forfeited, if the owner

or the master or any other person who was in the owner's place

committed or participated in the Commission of this offence and forfeiture

needed to prevent crimes or otherwise special

reasons.



In addition to what is stated in the second paragraph, property that has been used

that means in the crimes referred to in section 7, 8 or 9 explained

forfeited, if necessary to prevent crimes or if it

otherwise, there are special reasons. The same applies if the property has

intended to be used as a tool for such an offence and

the crime was completed or if the procedure has been a

punishable attempt or a criminal preparation.



Forfeiture referred to in the first, second or third paragraph shall not

If it is manifestly unfair.



section 11 if the owner of a ship that may be forfeited pursuant to section 10

the second paragraph is not known or does not have a known domicile in Sweden,

gets an action for forfeiture to be brought against the master of the vessel.



Fees



section 12 of A natural or legal person who has an alien

employee shall, regardless of whether the liability required under paragraph 5 of out, pay

a special fee, if the alien



1. do not have the right to stay in Sweden, or



2. have the right to stay here, but it lacks the prescribed

work permit.



Special fee provided for in the first subparagraph 1 shall not be payable by the

the who has



1. controlled the alien's right to stay in Sweden,



2. kept a copy of or an extract from the

documents showing that the alien has a right to stay here,

and



3. inform the competent authority, as listed in a

Regulation issued pursuant to this Act, if

the employment.



For each foreigner is half of the price base amount

According to Chapter 2. 6 and 7 of the social code in force

When the infringement came to an end. If the violation has been going on for

a period of more than three months, the fee for each foreigner

Instead, the whole of the price base amount. The fee may be reduced entirely

or in part, if special reasons the fee speaks for it.

to the State. Team (2013:646).



12 a of A natural or legal person who is the principal;

or clients in the upstream, for an employer who

have a foreigner who does not have the right to stay in Sweden

employee, to pay a special fee if



1. the client, or a client in previous stages,

the employer has hired subcontractors to

implement an agreement on outsourcing or subcontracting,



2. the foreigner working in during the work, and



3. the client, or the client in the previous step,

is not the originator of the main construction contract.



A client who has taken reasonable control measures

and that does not recognize or have reasonable grounds to believe that

the employer had one or more foreigners employed as

had no right to stay in Sweden, shall not pay the

special fee.



A client in previous point shall pay the Special

fee only if the client knows, or has reasonable

reason to believe that the employer had one or more

foreigners employees who lacked the right to stay here and that

worked in during the work.



For each foreigner is half of the price base amount

According to Chapter 2. 6 and 7 of the social code in force

When the infringement came to an end. If the violation has been going on for

a period of more than three months, the fee for each foreigner

Instead, the whole of the price base amount. The fee may be reduced entirely

or in part, if special reasons the fee speaks for it.

to the State. Team (2013:646).



paragraph 13 of the General Court, upon application, if the special fee

to be charged under 12 or 12A § §. The application shall be made by

the public prosecutor within two years of the infringement

came to an end. In the case of such an action shall apply the provisions of

the code of judicial procedure concerning the prosecution of offences in which cannot follow

more severe punishment than fines and provisions on seizure in

criminal cases.



The fee must not be charged when five years have passed after the

the infringement came to an end. Team (2013:646).



section 14 of the special levy shall be paid to the County Administrative Board

within two months of the Court's decision became final

force. An indication of this shall be mentioned in the decision. If

fee is not paid within this time, the late payment fee

out pursuant to lagen (1997:484) If late payment fee. The unpaid

the fee and penalty fee must be submitted for collection.



The Government may provide for that recovery is not

need to be requested for a lowly amount. Provisions on

Recovery Act (1993:891) for the recovery of the State

Receivables, etc.



The fee shall not be collected when five years have passed after the

the decision became final.



Other special effect



section 15 of the one who has committed an offence referred to in paragraph 5 of the first

paragraph 1 may, at the request of the public prosecutor, for a period of

a maximum of five years being deprived of their right to some or all

public support, contributions and benefits granted but

not yet paid out or brought him or her to share

If



1. the circumstances in which the Act is aggravating,



2 measure is justified with regard to the penal value,



3 the overall reaction to the crime will not be

disproportionately string, and



4. employment has meant work for other than

employer's private purposes.



Special effect under this clause shall not refer to

support, contributions or other benefit which is granted to a physical

person of his or her personal needs. Team (2013:646).



section 16 of the one who has committed an offence referred to in paragraph 5 of the first

paragraph 1 and which have received public aid, contributions

or other benefits may, at the request of the public prosecutor,

is to be ordered to pay back some or all of such

support, contributions or other benefits paid or

otherwise brought him or her to the part up to twelve

months before the crime came to Police attention

If



1. the circumstances in which the Act is aggravating,



2. the measure is justified by the

punishment value,



3. the overall reaction to the crime will not be

disproportionately string, and




4. employment has meant work for other than

employer's private purposes.



Special effect under this clause shall not refer to

support, contributions or other benefit paid to a

natural person for his or her personal needs.

Law (2014:655).



section 17 Of an offence referred to in paragraph 5 of the first paragraph 1 has

committed in a business operated by a legal person, may

special effect under sections 15 and 16 are decided against the

legal entity, if



1. the management of the legal person has not done what

that could reasonably be required for the prevention of crime,

or



2. the offence has been committed by



(a)) a person in a leading position on the basis of the power to

representation of the legal person or to make decisions on

on behalf of the legal person, or



(b)) a person who otherwise had a particular responsibility for supervision

or control of the business. Team (2013:646).



21. Temporary protection



section 1 of this chapter contains provisions on the temporary protection

pursuant to Council Directive 2001/55/EC of 20 July 2001 on the

minimum standards for giving temporary protection in the event of a massive

influx of displaced persons and on measures to

promoting a balance of efforts between Member States in order to take

against these persons and bearing the consequences thereof.



section 2 of an alien who is the subject of a decision on the temporary

protection under Directive 2001/55/EC and in accordance with

Directive are transferred to or received in Sweden shall be a

temporary residence permit, residence permit

temporary protection.



Residence permits of temporary protection may be refused

the foreigner only if the existence of such circumstances

that means that a foreigner is precluded from being

refugee pursuant to Chapter 4. paragraph 2 (b) or that a refugee may be refused

residence permit under Chapter 5. § 1. Law (2009:1542).



section 3 of the Government may provide for further

categories of displaced persons in addition to those covered by

Decision of the Council of the European Union may be granted residence permit

temporary protection, if these people have been displaced by the same

reasons and from the same country or region of origin.



Regulations issued pursuant to the first subparagraph shall

be reported to Parliament through a special letter within three

months.



paragraph 4 a residence permit of temporary protection has been granted

to a person, such a State is also given to the

are married or cohabiting with the person holding the licence and

to a foreigner who is unmarried and who are children either to

the granted permission or to the person who

licensed is married or cohabiting.



Other close relative of the granted residence permit

with temporary protection may be granted residence permit

temporary protection under the conditions set out in Chapter 5.

3 paragraph 4 the second subparagraph and in spite of the fact that the person

first granted permission is neither resident in Sweden or have

been granted a residence permit for settlement here.



The residence permit issued under this section may be refused a

foreigner only if there are serious reasons with respect to

national security or because of the alien's crime.



section 5 that a foreigner has been granted a residence permit

temporary protection does not prevent an application for

residence permit as a refugee pursuant to Chapter 4. 1 § examined.

The same applies to the application for refugee status, declaration under

Chapter 4. 3 section and an application for a travel document pursuant to Chapter 4. 4 section.

The examination of an application referred to in the first subparagraph may be postponed

only if there are special reasons for it. If the application does not

have been tried before the temporary protection has expired

apply, it shall be examined as soon as possible after this

point in time. Law (2009:1542).



section 6 of the residence permits of temporary protection shall not apply

for longer than the time decided by the European

the Council of the EU.



If a program to prepare that the alien returns

voluntarily instituted when a residence permit

temporary protection expires, the permit may be extended up to a maximum of two

years for a person who participates in the program. This condition shall

called a residence permit for temporary protection.



section 7 of the aliens who are granted residence permit

temporary protection shall also be granted a work permit for the time

as the residence permit is valid.



section 8, an alien who has been granted a residence permit

temporary protection may be transferred to another Member State, if

the alien agrees to transfer it shall

the State of Sweden recalled.



section 9 of the aliens who have temporary residence permit

protection must be deported because of crimes only if there are

such circumstances as set out in Chapter 8. section 2 of the other

paragraph. Law (2014:198).



paragraph 10 of the decision pursuant to this chapter are notified by the Immigration Agency.



22.



Tribunalvittnen



section 1 of this chapter contains provisions on the protection of individuals

who testified or is going to testify in hearings before a

International Court or tribunal, with which Sweden has

concluded agreements on such protection, as well as their close relatives.



section 2 of A temporary residence permit for at least one year,

given to a foreigner for which a request for relocation

by witness or close relative of a witness has been made from a

International Court or tribunal, if the request is assessed

to be eligible.



With the witness referred to in this section, the person who has given evidence or

will testify in proceedings before an international

Court or tribunal in accordance with its procedure or

rules concerning the taking of evidence.



With the near relative of witness referred to the witness's



— spouse or common-law partner,



– children who depend on the witness, as well as



– other relatives to the witness which are part of the same household as the

the witness and between which there is a particular

dependence.



If a request referred to in the first subparagraph are deemed eligible,

a residence permit may be refused only if there is such

circumstances under which a foreigner is excluded from

to be considered as a refugee pursuant to Chapter 4. paragraph 2 (b) or to a

the refugee may be refused a residence permit under Chapter 5. § 1.

Law (2009:1542).



section 3 of A foreigner who has a residence permit

According to section 2 shall be continued temporary or permanent

residence permit, if this is deemed necessary by the

the International Court of Justice or the General Court. If the foreign national is given the

a new residence permit must state the time

be determined for at least a year.



The residence permit issued under this section may be refused a

foreigner only if there are serious reasons by reference

to national security or because of his crime.



section 4 of an alien granted temporary residence permit

in accordance with paragraph 2 or 3 shall be granted a work permit for the duration of the

the permit is valid.



§ 5, an alien who has a residence permit according to § 2 or 3

get deported because of crimes only if there are such

circumstances set out in the 8 (a). section 2 of the second paragraph.

Law (2014:198).



paragraph 6 of the decision pursuant to this chapter are notified by the Immigration Agency.



section 7 of the Swedish Migration Board's decisions on residence permits

in accordance with paragraphs 2 and 3 may not be appealed.



Chapter 23. Special appropriations



section 1 of the Government may, in addition to the previously specified in this Act,

provide for



1. obligation to notify an alien's stay or

employment in Sweden,



2. such restrictions on foreigners ' right to be

employees of a particular company or in the company of some kind

necessary in view of national security,



3. duty to check foreigners ' right to stay

and work in Sweden,



4. the obligation of the employer to a foreign national who

granted work permit pursuant to Chapter 6. section 2, first paragraph

to provide information on the employment conditions that apply to

the alien and the regulations on how the obligation to

be met. Law (2014:776).



section 2 of the Government may provide for sending home

foreign nationals who are not refugees and taken care of

under the Act (1990:52), with specific provisions for the care of

young, the Act (1991:1128) on involuntary psychiatric or law

(1991:1129) on forensic psychiatric care.



The Government may, after agreement with the other country if treatment of

stowaway, provide for derogations from the

the provisions of this law and the regulations on what is otherwise

necessary for the application of the agreement. Such provisions may

not relate to proceedings in court.



2 a of the Government may provide for fees for the

the handling of matters concerning residence permits and

work permit.



Such regulations shall not invalidate any fee charged for

handling cases concerning residence permits



1. need for protection,



2. family reunification with persons

permits to stay on account of protection needs or extremely

distressing circumstances,



3. resettlement in Sweden, or



4. persons covered by the EEA Agreement or other

international agreements. Team (2013:606).



section 3 of the Government may provide for what that shall apply

at war, at war or under such extraordinary

conditions that are caused by war or danger of war

Sweden has been in. Regulations may apply

foreigners '



1. entry and residence in the country,



2. exit out of the country,



3. the right to have employment or public position of trust

in this country,



4. removal from the country, and



5. disposal in the institution or organisation.




section 4 of The Ordinance under section 3, 4 or 5 as given in

cases other than when Sweden are at war to Parliament

for examination within one month from the entry into force.



The regulation expires, if it is not submitted to the

the Parliament in due time or if the Parliament does not approve it within

two months from the date of the depth gauges.



Transitional provisions



2005:716



1. this law shall enter into force on 31 March 2006. The Aliens Act

(1989:529) shall expire at the same time.



2. where a law or any other statutes cited

regulations which have been superseded by provisions of this Act,

Instead, the new regulations shall apply.



3. Matters relating to appeals and that have come into

The aliens but not settled prior to 31 March 2006,

be submitted to the Migration Court in whose area of jurisdiction

the case has been tried. Matters relating to residence permits

According to Chapter 2. 5 b of the Aliens Act (1989:529) shall, so far as

questions about residency, dealt with under the older

regulations. Even as regards the conditions for ordering

public counsel in these cases apply to older regulations.

Act (2005:763).



4. Cases have been handed over to the Government under Chapter 7.

11 paragraph 1, 3, or 4 the Aliens Act (1989:529) but

not been settled prior to 31 December 2006 shall be submitted to the

The Swedish Migration Board, if an agency has not taken a decision in

the case, and in other cases to the immigration court within whose

jurisdiction over the case has first been tried.



5. Cases have been handed over to the Government under Chapter 7.

11 section 2 the Aliens Act (1989:529) but not settled

before 31 March 2006 are dealt with under the old rules.



6. case involving an appeal to the administrative court according to the

the Aliens Act (1989:529) but not settled prior to 31 March

2006 are dealt with under the old rules.



2006:220



1. this law shall enter into force on 1 July 2006 in the case of Chapter 13.

15 and 16 sections and chapter 14. 8 a of and otherwise on 30 april 2006.



2. The provision in Chapter 7. paragraph 3 of the second paragraph shall not apply

on residence permit granted before 30 april 2006.



2006:447



1. this law shall enter into force on 1 January 2007 in the case of 7

Cape. 7 a of and otherwise on 1 september 2006.



2. The provision in Chapter 7. 7 a § shall not apply to

residence permits granted prior to 1 January 2007.



2007:322



1. this law shall enter into force on 1 July 2007.



2. The provision in Chapter 7. paragraph 7 (b) shall not apply to

residence permit granted before 1 July 2007.



2009:1542



1. This law shall enter into force on January 1, 2010.



2. Matters relating to appeals and that have come into

Government but not decided before 1 January 2010,

submitted to the Appeal for redress. Cases

submitted to the Government under Chapter 12. section 20 of the other

the paragraph in its older version, but not settled before the

1 January 2010 shall be handed over to the immigration service for

trial.



3. for the application of the new provisions of this law

assimilated refugee explanation with refugee status.



2010:175



1. This law shall enter into force on april 15, 2010.



2. The provision in Chapter 5. 3 c § 3 shall also apply to a foreigner

which have been granted a residence permit as a subsidiary protection status

Moreover, in accordance with Chapter 3. section 3(1) 3 aliens

(1989:529).



3. The provision in Chapter 5. 3 c § 5 shall also apply to a foreigner

which have been granted a residence permit as a subsidiary protection status

Moreover, in accordance with Chapter 3. section 3(1) 1 or due to

external or internal armed conflict, in accordance with Chapter 3. paragraph 3 of the first

paragraph 2 the Aliens Act (1989:529). The same shall apply to a

an alien who has been granted the residence permit

subsidiary protection status pursuant to Chapter 4. 2 paragraph 1

or because of external or internal armed conflict under 4

Cape. 2 paragraph 2 the Aliens Act (2005:716) in its

version prior to January 1, 2010.



2012:129



1. this law shall enter into force on 1 January 2012.



2. in the case of decisions on the expulsion given

before the entry into force Chapter 12. paragraph 15 of its older version.



2013:107



1. this law shall enter into force on 1 July 2013.



2. The new provisions in Chapter 16. 12 a and 12 b of the terms

not in the case of a decision as an Immigration Tribunal has announced

before the entry into force.



2013:648



1. This law shall enter into force on september 1, 2013.



2. Older regulations apply for handling cases that

relates to the suspension of the General Court orders if expulsion for

because of crime and who have been received by the Government prior to the

the entry into force.



2014:198



1. this law shall enter into force on 1 may 2014.



2. for the purposes of Chapter 8. sections 25 and 26, 8 a. section 9, 10

Cape. 2 paragraph 1 and article 7, second paragraph, 12. 4, 6,

7, 8 (a) and 10 § § 23 paragraph 2 and 20. section 2 of the

do with decisions that where mentioned equated the corresponding decision

According to the older provisions.



2014:777



1. this law shall enter into force on 1 July 2014.



2. For a refugee or another protection status as last

on June 30, 2014, has returned to a country where he or she

having been a resident because the political

the situation in the country has changed, the chapter 7. section 7 of the

their older version.



2014:792



1. This law shall enter into force on August 1, 2014.



2. For the transfer decision pursuant to Council Regulation (EC) no

343/2003 of 18 February 2003 establishing the criteria and mechanisms

for determining the Member State responsible for the

examination of an asylum application as a third country national has given

into any Member State applies to Chapter 1. section 9 in its older

version.



3. applications for asylum on which Council Regulation (EC) no

343/2003 of 18 February 2003 establishing the criteria and mechanisms

for determining the Member State responsible for the

examination of an asylum application as a third country national has given

into any Member State applies applies to Chapter 5. 1 (b) of the

their older version.