In July 2021, the Swedish Migration Agency implemented changes to the permanent residency (PUT) requirements. In our handling of such applications over the last year, we have found these changes have had a negative impact on families with children between the ages of 18-21.
Under the new regulations, a dependant to a main applicant (the person employed by a Swedish corporation) will still be considered a child up to the age 21 under the Alien ordinance act.
The major change comes once the main applicant is granted permanent residency, thus changing status from employee to Swedish resident. Any family member will now be considered co-applicant to a Swedish resident.
Regulation for co-applicants to a Swedish resident, stipulates that anyone 18 years or older, is to be considered an adult. This means that a co-applicant previously considered a child, in the context of law and regulation, is viewed as an adult and as an adult, they are not exempt from the maintenance requirement introduced last year.
In extraordinary circumstances, an applicant aged 18 years or older, can be granted permanent residency based on the relationship to their parent, if special dependency can be proven. This dependency must be mutual and established on emotional and social bonds, preventing the parent and the adult child from living apart. If dependency can be proven, the adult child would be exempt from the maintenance requirement.
Historically, this rule has been applied conservatively in situations involving a medical condition or similiar scenarios.The Supreme Migration Court has yet to rule on whether the exemption should be more widely applicable, following the changes implemented last July.
- Encourage and help the adult child to become independent; i.e. assist with finding employment (permanent or a position with at least 24 month duration) and their own accommodation.
- Prepare in advance if the intention is to claim special dependency circumstances between parent and adult child. However, the family needs to be aware that the adult child’s application could be denied and they would then need to fulfill the maintenance requirement to be approved for permanent residency.
Please do not hesitate to contact us with any questions you may have regarding the PUT requirements.
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Your Human Entrance Team