Asylum

Right to asylum in Sweden.

For people who are threatened and unable to receive protection many countries, including Sweden, provides protection and allows them to seek for asylum. Asylum is an institute for people in need of protection as a result of oppression or other difficulties in their country of origin.

Sweden has signed the UN Convention Relating to the Status of Refugees. Therefore, if you are a refugee according to the definition in the convention you can be granted asylum in Sweden.

Asylum is granted for people with the status of “refugee” and people in need of “subsidiary protection” or “other protection”.

During the asylum process

The Swedish Migration Agency can offer you a temporary accommodation while seeking asylum, if you do not want to live somewhere else, for instance with your relatives.

While seeking asylum, you have the right to emergency health and dental care and maternal health care, among some other forms of care.

You are free to work in Sweden during the asylum process, despite not having a work permit. We suggest you do this if possible, because in the event of your application for asylum being refused, you can apply for a work permit if you have been working during the asylum process.

Requirements for asylum in Sweden 

The requirements differ if you seek asylum because of being a refugee and if you are in need of subsidiary or other protection.

To be declared a refugee, and therefore be granted asylum, you must have well-founded reasons to fear prosecution due to any of the following factors:
• Race
• Nationality
• Religious or political beliefs
• Gender
• Sexual orientation, or
• For belonging to a certain social group

In addition, there is a requirement that the authorities in your home country of are not able to offer you the protection you are in need of.

If you seek asylum on the grounds of subsidiary protection, you can be granted asylum if there is a risk of being convicted with a death sentence or being subjected to torture or other inhumane behavior in your country of origin, or if you as a civilian would be in danger of becoming harmed because of an armed conflict.

Other requirements apply for people seeking asylum because of the need for “other protection”. An example is when it is impossible to go back to your home country due to an armed conflict.

If the requirements for asylum are not reached you can still be granted asylum if there are any exceptionally distressing circumstances.

For how long can I stay in Sweden?

Generally, you are will receive a permanent residence permit when you are granted asylum. In some cases, the residence permit is limited, but never to less than a year.

Children

When children are seeking asylum, the interest of the child must especially be taken into account. In the investigation the age of the child and their health should be taken into consideration, among other aspects. Children have the right to free health care and dental care during the asylum process in Sweden.

The regulations regarding asylum state an obligation to try to reunite the child with their parent, so if there is a possibility to do that in the child’s home country or in another country where the parents are residing, the child should be sent there. If that is not possible the whole family can be granted residence permits in Sweden.

What should I keep in mind?

Everybody involved with the investigation in the asylum process have a confidentiality obligation, which means they are not allowed to give out any information about the investigation to anyone.

Contact H I Law Firm if you want help with or information about the asylum process in Sweden.