The right of asylum falls under the field of migration law. A person who has been forced to flee their home and cross an international border due to war, violence, or persecution but has not yet been legally recognized as a refugee is referred to as an asylum seeker. If the asylum seeker is granted asylum, they receive a temporary residence permit. Seeking asylum is a human right.
A person fleeing their homeland who has crossed into Sweden and applies for protection is considered an asylum seeker until their application is decided. The application must be submitted to the Swedish Migration Agency, which will then conduct an asylum investigation and decide whether asylum will be granted. The right of asylum is governed by the Aliens Act, the UN Refugee Convention, and the Dublin Regulation.
During the waiting period
After an asylum application is submitted, the asylum seeker receives an LMA card, which serves as proof that the person is an asylum seeker and thus has the right to stay in Sweden until a decision on asylum has been made.
The Swedish Migration Agency is responsible for ensuring that adult asylum seekers have somewhere to live during the period they await a decision, in so-called temporary accommodation. The asylum seeker may also choose to arrange accommodation on their own. If the asylum seeker is a child, the municipalities are responsible for ensuring that the child has housing, healthcare, and schooling.
The asylum seeker is expected to support themselves through work while their asylum application is being processed. Asylum seekers are covered by the so-called AT-UND, an exemption from the general rule that a work permit is required to work in Sweden. As 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, and (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.
If the asylum seeker is not granted an AT-UND, a work permit is required to work. You can read more about work permits by clicking HERE.
Conditions for asylum approval
To have their application approved and to receive temporary residence, the asylum seeker must be granted refugee status or be deemed in need of subsidiary protection.
Refugee status
To obtain refugee status, the person must show that they have fled their home country due to a well-founded fear of persecution. The fear of persecution can be based on the person’s race, nationality, religion, political opinion, gender, sexual orientation, or membership in a particular social group. The persecution may come from the authorities in the 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 must be individually assessed.
A person who is deemed a refugee is granted refugee status. This means that the asylum application is approved, and the applicant is granted temporary residence in Sweden. The usual period for this residence permit is three years. During this time, the person is allowed 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 committed 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 be deemed in need of 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, or (3) as a civilian, face a serious risk of harm due to armed conflict.
A person in need of subsidiary protection receives a so-called protection status declaration, which usually grants a temporary residence permit in Sweden for 13 months. If the person still needs protection when the temporary residence permit expires, it can be extended.
If the application is not approved
If the asylum seeker is not deemed a refugee in the legal sense and thus does not receive refugee status, the asylum application will not be approved. The asylum seeker must then return to their home country, as they no longer have the legal right to remain in Sweden. If the person who applied for asylum 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.
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