The Swedish Parliament has decided to abolish the possibility of changing tracks, to change the rules on statutory limitation periods for deportation decisions, and to give the Swedish Migration Agency the possibility to decide on longer re-entry bans. The new rules will enter into force on April 1, 2025, without transitional arrangements.
The system of changing tracks has meant that those whose asylum applications have been rejected, and who have worked during their asylum process in Sweden, under certain circumstances can have their application for a residence permit on the basis of work examined without having to leave the country. This means that they have been exempted from the main rule that applications for residence and work permits must be made from the home country or other country in which the person has the right to stay. The Swedish Migration Agency estimates that it affects around 4,700 people.
What to Expect
- The abolition of track changes means that it is no longer possible to apply for an extension of existing permits.
- Most people who have been granted a residence permit on the basis of work through a so-called change of track will have to leave Sweden when their current permit expires.
- At the same time, the Parliament has decided to change the rules on statutory limitation periods and re-entry bans.
- From April 1, decisions on expulsion or deportation will be valid for five years from the date the person leaves the country in accordance with the decision, which in most cases also includes leaving the territory of EU countries and the Schengen area.
- The difference from before is that the statutory limitation period then started to run from the date the decision entered into force, regardless of whether the person had left Sweden or not, and applied for four years.
The new rules apply to persons who have a rejection or expulsion decision that has not expired by March 31, 2025.
The new amendments also introduce the possibility for the Swedish Migration Agency to decide on a longer re-entry ban than before, if a person has not left the country when the deadline for voluntary departure has expired.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.