Sweden’s family reunification system: What happens when children turn 18?
In Sweden, family reunification has long been considered a cornerstone of immigration policy. The idea behind family reunification is simple: families should stay together. However, the current immigration rules are raising questions and concerns, especially when it comes to young adults who are set to be expelled while the rest of their family remains in the country. How is this possible, and why is this happening? In the today´s blog post we will explore the issue of family reunification and the challenges faced by young adults as they “age out” of the system.
Family reunification: a right under Swedish Law
Family reunification is one of the most significant categories for granting residence permits in Sweden. Based on laws passed by the Swedish parliament, family members such as children and spouses or partners are allowed to reunite with their family members living in Sweden. The rules vary depending on the reason the family member has obtained a residence permit, whether it is due to protection (asylum), work, or studies.
One of the most critical factors for family reunification is age. If a child reaches adulthood, they no longer qualify as a “dependent child” and, as such, cannot receive a residence permit based on family ties.
Age limits for family reunification
In Sweden, the age at which a person no longer qualifies for family reunification depends on the type of residence permit their parent holds:
For parents who have been granted protection in Sweden, the child is eligible for family reunification until the child turns 18. Once the child turns 18, they no longer fall under the family reunification provisions and may face challenges in staying in Sweden.
For children of workers, the age limit is generally 21 years. However, there are exceptions for certain work permits, such as the EU Blue Card, ICT permits, self-employed individuals, and researchers, where the age limit is 18.
In some cases, if a child has been living with their parents and is financially dependent on them, they might be able to stay, even if they are over the age limit. However, this is not guaranteed and is assessed on a case-by-case basis.
The Impact of temporary permits on family reunification
Another complication in the family reunification process arose in 2021 when the rules shifted from granting permanent residence permits to temporary permits for many applicants. Under the new system, children who were granted residence permits based on family ties would no longer be able to apply for a permanent residence permit once they turned 18. Instead, they would have to renew their temporary permit regularly, which creates a precarious situation for many young adults.
If a child under the age of 18 receives a residence permit based on family ties, they can generally stay in Sweden. But once they turn 18, they may not be granted another temporary permit under the same family reunification rules, making it difficult for them to remain legally in Sweden.
Difficulties faced by young adults
The change in rules has created a situation where many young adults, once they reach adulthood, are faced with the possibility of being forced to leave the country, even if their family remains in Sweden. While they may be eligible for a residence permit on another basis, such as work or study, this process often requires applying from abroad. This is a major hurdle for those who have already established ties to Sweden.
Additionally, there are exceptions for particularly dependent situations. If a person aged 18 or older has an exceptional dependency relationship with their parents, they may be granted residence under what is called “household membership.” However, proving this dependency relationship is not straightforward, and the requirements are high. A mere parent-child relationship may not suffice.
In some instances, if family reunification is denied, the Swedish Migration Agency can grant residence permits under "exceptionally distressing circumstances." This involves considering personal circumstances, adaptation to Sweden, and the situation in the home country. However, this is an exception and not a general rule. The mere fact that a person is closely related to family members in Sweden is not enough to justify granting a permit based on compassionate grounds.
The Strain on family life
As these regulations continue to affect family life in Sweden, it is becoming evident that the current rules hinder the ability of families to stay together. When a child ages out of the reunification system and is forced to leave while the rest of the family remains, it creates a painful divide for families who are otherwise legally allowed to live together in Sweden.
For many families, this situation is not just a legal issue, but an emotional one. It challenges the very principle of family unity that immigration laws are supposed to support.
As the rules evolve, it's essential to continue evaluating their impact on family life, ensuring that the law supports the unity of families and their ability to live together in Sweden. If you or your family is facing similar challenges, it may be beneficial to seek legal advice to explore options available for your specific situation. Remember that you can always appeal the refusal decision to the Swedish Court and we can support you in the judicial process to find the right legal arguments to challenge the decision.