Asylum

A person fleeing their homeland and entering Sweden for protection remains an asylum seeker until authorities decide on their application. 

The asylum seeker must submit the application for asylum to the Swedish Migration Agency. Moving on, the agency will conduct an asylum investigation and decide whether or not to grant asylum to the applicant. Two regulations: The Aliens Act, the UN Refugee Convention, and the Dublin Regulation govern the right of asylum.

During the waiting period

After an applicant applies for asylum, they receive an LMA card which serves as proof that the person is an asylum seeker. It also gives the applicant the right to stay in Sweden until a decision on asylum finalizes. 

The Swedish Migration Agency is responsible for ensuring that adult asylum seekers have a place to live. This is a so-called temporary accommodation for them till the time their application approves. 

Additionally, the asylum seeker may also choose to arrange accommodation on their own. If the asylum seeker is a child, the municipalities are responsible to ensure that the child has housing, healthcare, and schooling.

While the applicant’s asylum application is under process, he/ she is expected to support themselves through work. AT-UND is a regulation that covers the asylum seekers. It is an exemption from the general rule that a work permit is required to work in Sweden. This stipulation applies ss long as:

1. The asylum seeker can provide acceptable identity documents or cooperate in clarifying their identity, 
2. Their asylum case is being processed in Sweden, 
3. The application is well-founded and it is unlikely that the asylum seeker will receive a rejection decision, they may be granted an AT-UND, allowing them to work in Sweden. 

If the asylum seeker lacks income, they can apply for daily allowance, housing allowance, or special benefits from the Swedish Migration Agency.

In case, the asylum seeker does not receive AT-UND, a work permit is required to work. You can read more about work permits by clicking HERE.

Conditions for asylum approval

To receive asylum approval and temporary residence, the asylum seeker must receive refugee status. He/ she can also receive approval if it is proven that he/ she needs subsidiary protection.

Refugee status

For the refugee status, the asylum seeker must show that they have fled their home country due to a well-founded fear of persecution. 

Typically, the fear of suffering persecution stems from any difficulties the seeker faces due to:

• Religion, 
• Nationality,
• Race, 
• Sexual orientation, 
• Gender, 
• Political views, 
• Association with a certain social group that does not receive acceptance from the majority of the masses in that respective country. 

Mostly, the threat of persecution comes from the authority figures and influential people in the applicant’s home country. It may also be the case that the authorities in the home country cannot or will not protect the person from persecution. Each asylum application goes through individual assessment.

A person who is deemed a refugee is granted refugee status. This happens when their asylum application receives approval with the applicant receiving temporary residence in Sweden. Usually, the residence permit lasts for three years. During this time, the person is eligible to live and work in Sweden. 

If the person can support themselves when the temporary residence permit expires, they may be granted permanent residence. 

However, the applicant must not have any history of: 

• War crimes, 
• Crimes against humanity, 
• Or other serious crimes, 
• Nor must they pose a threat to national security. 

If such is the case, the asylum application will not be granted.

Subsidiary protection

A person may need subsidiary protection if they: 

1. Risk facing the death penalty,
2. Risk being subjected to corporal punishment, torture, or other inhumane or degrading treatment or punishment, 
3. As a civilian, face a serious risk of harm due to armed conflict.

Someone in need of subsidiary protection receives a so-called protection status declaration. Generally, it grants a temporary residence permit in Sweden for 13 months. If the person still needs protection when the temporary residence permit expires, he/ she can apply for extension.

If the application does not receive approval

If the asylum seeker does not receive the ‘refugee’ status in the legal sense, the asylum application will not get approval. 

Following that, the asylum seeker must then return to their home country. They no longer have the legal right to remain in Sweden. 

If the asylum applicant believes the decision is incorrect and should be changed, they have the right to appeal the decision.

We are here to help

At Advantage Law Firm, we have extensive experience in handling asylum cases. As an asylum seeker, you have the right to choose a legal representative who is paid by the Swedish Migration Agency. 

If you do not choose your own representative, the Swedish Migration Agency will appoint a public counsel for you. We are happy to assist you throughout the process. 

If you wish to hire us as your representative during the asylum process, it is important to inform the Swedish Migration Agency caseworker as soon as possible. 

Contact us, and we will assist you further.