What affects your chances of getting a residence permit?
Last updated: 21 3 2018
You can be granted a residence permit if you are a refugee or a person eligible for subsidiary protection.
Every asylum application has to be examined separately. This means that the Migration Agency will examine your specific reasons for applying for asylum in Sweden. If you are homosexual, bisexual or a transgender person, for example, the Migration Agency has to take this into account.
You have to tell the Migration Agency who you are, why you fled and what you think would happen if you had to return to your home country. Describe as much as you can about yourself and your situation, even if it feels difficult to do so.
It's important that you tell the truth and that you don't change your account. These things can affect your chances of getting a residence permit.
The UN Refugee Convention states what is required for a person to be regarded as a refugee. A refugee is usually granted a three-year residence permit.
You will be regarded as a refugee if the Migration Agency's assessment is that you have well-founded reasons to fear persecution due to:
- religious or political convictions
- sexual orientation
- membership of a particular social group
Persons eligible for subsidiary protection
The EU has common rules for what is required for a person to be regarded as eligible for subsidiary protection. A person eligible for subsidiary protection is usually granted a 13-month residence permit.
You will be regarded as eligible for subsidiary protection if the Migration Agency's assessment is that there is a risk that you will be:
- Punished with the death penalty.
- Subjected to corporal punishment, torture, or other inhuman or degrading treatment or punishment.
- Injured due to armed conflict, despite not being a soldier.
Residence permit in other cases
In exceptional cases, asylum seekers may be granted residence permits even if they are not judged to be refugees or persons eligible for subsidiary protection.
Such cases include having a particularly serious medical condition, having been subjected to human trafficking and having to participate in a criminal investigation.
Exceptions to the right to protection
You are not eligible for asylum in Sweden if you:
- Have committed a war crime.
- Have committed a crime against humanity.
- Have committed another serious crime.
- Are a threat to Sweden's national security.
If you risk being killed or persecuted in your home country, you may be granted a temporary residence permit even if you have committed any of the acts listed.
UR Skola have made a short film that explains the difference between the terms refugee and person eligible for subsidiary protection. The film is in Swedish, and has subtitles in Swedish, Arabic, Kurdish, Persian, Somali and Tigrinya.