Migration Court of Appeal to consider self-support requirement regarding permanent residence permits

Just before the summer, the Migration Court of Appeal granted leave to appeal in the matter of the self-support requirement regarding the granting of permanent residence permits. The case in question concerns a doctoral candidate, so it is of great interest to SULF and its members.

A self-support requirement was introduced for permanent residence permits in the summer of 2021. The Aliens Ordinance states that such support must be through employment or income from one's own company and that it must be at a certain minimum level and be of a "certain duration". The duration aspect has been interpreted by the Swedish Migration Agency as meaning that the income must last for no less than 18 months from the date that the Agency makes its decision. The Agency also requires that any applicant who has fixed-term employment at the time of its decision must have a valid employment contract with at least 18 months remaining. The Agency does not assess future opportunities for continued employment or take into account promises of continued employment.

In the case that the Migration Court of Appeal will hear, the latter issue may be resolved, as well as the question of whether the Swedish Migration Agency's interpretation of the term "certain duration", (income for at least 18 months from the date of its decision), is correct.

We do not yet know when the Court’s ruling will be announced, but it will be precedential for how the assessment of the self-support requirement will be carried out in the future. We will provide more information when the court has made its decision. It is good news that the Migration Court of Appeal will finally clarify the provisions so that it is clear for everyone involved,” says Robert Andersson, head of negotiations at SULF. We obviously hope that the ruling will make it easier for doctoral candidates and researchers to obtain permanent residence permits, as they often have temporary employment that does not always last for 18 months, especially given the Migration Agency’s long processing times.

At the same time, we will continue our work to bring about changes in the legislation and regulations through continuous contact with the government and other political parties regarding this issue.