(Important Update on 12 February 2016): The Swedish Sambo Visa in 2015 Part 8: Explaining the "New Immigration Rules"

NOTE (12  February 2016): For information on the pending "Maintenance Requirement" rules, please kindly navigate to my Swedish Sambo Visa Part 10: The Sambo Manual post , and scroll to Part E. Maintenance Requirements. In that post, you will find all the latest information I could gather on the impending Maintenance Requirements, as well as links to the official governmental proposal and press release which seem to indicate that all sambo applications submitted BEFORE 31 May 2016 will be EXEMPT from the new rules.

Please bear in mind that as of the date of this update, this is still a proposal.  It needs to be discussed, decided upon, and then implemented.  Anything could change.  So, please check back for more information, and still consider to weigh your options just in case the law turns out to affect some cases retroactively.

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On 24 November 2015, the Swedish parliament ("Riksdag") convened for a press conference. Therein, Prime Minister Stefan Löfven [Social Democrats / Socialdemokraterna ("S")] and Green Party [Miljöpartiet / ("MP")] co-leader Åsa Romson announced notable updates to the asylum seeking procedures in Sweden.  It was an "historic" day in terms of the controls and limitations they have realized are the only way to save the country from collapse.

The rules do not just affect asylum seekers, but also all relationship applications (like us sambo applicants) as well. Sweden's government homepage (http://www.regeringen.se) has an outline article generalizing the measures. The English version can be found here; the Swedish version (including video of the press conference) can be found here.

In addition, a very brief press release about these measures has been published on MV's website here.  Pay particular attention to the last 2 paragraphs of that article.

First, let's define the terms:

1. A Refugee is someone who has reason to fear persecution based on race, gender, religious or political beliefs, nationality, sexual orientation or affiliation with social groups by authorities in their country.  More definitions here.
2. A person deemed to be requiring "Subsidiary Protection" is someone who is facing an imminent death sentence, inhumane or degrading torture, or a civilian facing true threats from armed conflict.  More definitions here.
3. Those in need of "Other Protection" are defined only in a Swedish amendment in the Swedish Alien's Act; it is nowhere in the EU charter or UN conventions. It is designated for individuals who cannot return home for reasons such as a natural disaster or because of serious armed conflict or opposition in their home country, or who have a well-founded fear of being subjected to "serious violation".  More definitions here.

Changes to Sweden's Approach to Asylum Seekers

As we all recall (and is detailed in my Sambo Visa Part 7a), at the beginning of November 2015, Sweden began to show cracks in it's otherwise solid stance on allowing all refugees in.  It appealed to the EU for support in reallocating some refugees to other EU countries.  The next day, it announced it would be imposing border controls.  A few days later, it declared it could no longer guarantee housing for refugees.  Only a couple weeks after Löfven appealed to the EU for assistance, the first sets of refugees slept on the street during the start of Sweden's long, dark winter.

This still did not curb the numbers coming through enough, though.  Sweden has clearly sent out an SOS now, by declaring it is no longer able to help.  So, the first stages of what will likely lead to Sweden closing it's borders and upholding the Dublin Regulation (whereby forcing asylees to return to the first EU country they landed in to seek asylum and potential subsequent resettlement elsewhere, per EU rules) have now been set forth. 

"The Government...wants to temporarily adjust the asylum regulations to the minimum level in the EU so that more people choose to seek asylum in other EU countries."  

The measures enacted on 24 November 2015 are as follows.  Note that these provisions are "temporary" and will be in place for the next 3 years, upon which a review of the policies will come due, and changes to the policies will be discussed at that time.  All items listed below will be retroactively applied to all refugees currently in the queue; not just those who apply henceforth.

1. Refugees Who Fall Under "Otherwise Needs Protection" Are No Longer Accepted
• Old Rule:
• Those who did not qualify as true Refugees or in need of Subsidiary Protection, would often times be permitted to stay under the definition in the Swedish Alien's Act of Otherwise Needing Protection.
• New Rule:
• Those declared to fall under this category will be rejected and sent home.
• Exceptions:
• Those who do not qualify as Refugees or in need of Subsidiary Protection, and are not allowed to stay as someone Otherwise Needing Protection, can in very extreme cases be provided temporary residence for "exceptionally/particularly distressing circumstances."
2. Temporary Residence Permits
• Old Rule:
• The previous protocol was to immediately grant permanent residency to all approved refugees.  This law was put into place in 2013. This, to allow them the security of carrying on with a new life.
• New Rule:
• As of 24 November 2015 and reaching back retroactively to all refugees in the queue, only temporary residency will be granted "except for quota refugees"
• Sweden accepts a 1,900-person quota of refugees each year.  Those who are granted status in that quota are given permanent residency.  More on quota refugees can be read about here.
• Refugees will now be given 3-year temporary residence permits, with the right to request an extension.  If the extension is approved, the next permit will in most cases also be temporary.
• Those who are being granted Subsidiary Protection will be given a one year temporary residence permit. If the extension is approved, the next permit will in most cases also be temporary.
• Exceptions to the Rule:
• Exceptions to the temporary residence permit law will be for children and their families who applied before 24 November 2015, and are still currently in Sweden. The law will only apply, however, if the children are under 18 years of age at the time of the decision.  Those applying after 24 November 2015 will not qualify for this provision.
• A refugee may receive permanent residency after 3 years when they apply for an extension if they have stable income sufficient to support themselves.
3. Limited Rights to Family Reunification
• Old Rule:
• Upon receiving approval of refugee status and receiving permanent residency, refugees could apply for extended family (aunts, uncles, grandparents) to join them in Sweden.
• New Rule:
• Only the immediate, nuclear family of a Refugee can apply for reunification.  This includes spouses (but only if both husband and wife are aged 21 or over), children, and parents (if the child is under 18 years of age).
• Those who receive Subsidiary Protection will have no rights to family reunification.
4. Medical Assessments to Determine the Age of A Minor Will Be Conducted
• Old Rule:
• This was always written into the rules as an option; Sweden has always just elected not to exercise it.  
• New Rule:
• With the influx of "minors" who have lost their papers, or who have papers that cannot be verified, and/or if the age claimed is called into question, Sweden will now conduct medical exams to verify the age claimed.  This is conducted by examining various growth plates and dental records (wisdom molars) to determine the age of the individual.  This is how cadavers are also aged at crime scenes.  The science is of course not exact, but precise enough within reason.
5. ID Checks Will Be Performed On All Modes of Transportation Into Sweden
• Old Rule:
• Sweden had open borders, and no policed control of transportation by ferry, bus, train or car into the country.  It was assumed that however the individual entered the Schengen region was already verified as having permission to enter (except for those arriving by plane into Sweden, who had to go through standard border control procedures)
• New Rule:
• There will now be ID checks for all means of entering Sweden.  Those without valid paperwork will not be allowed to enter.

Changes to Sweden's Approach to ALL FAMILY REUNIFICATION

The following singular rule, which was part of the 24 November 2015 Immigration Reform presented, will affect all applications submitted after 31 May 2016.

This law applies to refugees, as well as any partner seeking to reunite with their spouse, child, boyfriend/girlfriend or family in Sweden. The individual in Sweden is now being referred to as "the Sponsor".

The Swedish text from the 24 November 2015 press conference is as follows:

"Ett försörjningskrav ska gälla vid all anhöriginvandring utom när flyktingar ansöker om familjeåterförening under de tre första månaderna efter att flyktingstatus beviljats. Försörjningskravet ska utvidgas till att omfatta även ett krav på att anknytningspersonen ska kunna försörja familjemedlemmen som kommer hit."

And in English:

"A maintenance requirement shall apply to all family immigration except for refugees applying for family reunification in the first three months after the grant of refugee status. The maintenance requirement will be extended to include a requirement that the sponsor must be able to support the family member who comes here."

Changes to Sweden's Approach to Family Reunification with regard to Maintenance Requirements:

• Old Rule:
• Prior to the new protocol, only certain individuals were required to meet "Maintenance Requirements" to bring their partner or child into the country.  Maintenance Requirements include proving sufficient funds for the entire duration of the partner's stay, comprehensive health insurance, sufficient and proven living accommodations, and other requirements.
• Persons subject to these requirements used to be limited to students coming into Sweden to study; immediate family members (spouses and children) of individuals studying or working in Sweden; EU citizens exercising their Right of Residence; EU or non-EU spouses/children of EU-citizens in Sweden on a valid work or study permit.
• New Rule:
• ALL PERSONS IN SWEDEN (including Refugees*, Permanent Residents, and Swedish Citizens) must now meet the Maintenance Requirements to prove they can support their partners/children coming into Sweden.
• *Note that, as previously mentioned, individuals granted Subsidiary Protection will not be allowed to bring their family into Sweden.
• *Refugees are exempt of this provision only if they apply for family reunification within the first 3 months after receiving their temporary residence permit.  They would be limited to only their nuclear family, and of course must provide sufficient evidence of the relationship(s).  Anytime after 3 months, they will be subjected to the maintenance requirement

How much will "Maintenance Requirements"be?

Short answer: We don't know yet.  But we can get an idea of how much MV requires of other types of applicants in other scenarios, and assume it will be the same for us.

First, there is the list of requirements on the family reunification page of MV's website for people who already need to prove they can support their loved one.  Read more about the requirements here.

Secondly (and probably the best barometer), we can look at students.  For a non-EU student, they need to be able to prove they have 8,010 SEK for each month of study.  If they want to bring a spouse, they need to have an additional 3,500 SEK to support them.  And then for each child the couple has, they need to prove they have an additional 2,100 SEK per child.  For just the student and their partner, they would need to prove funds of 11,510 (approx. $1350 USD as of 1 January 2016 FX rates) for the two of them, combined.   (in case they get updated over the years).  As of 1 January 2016, here is a screenshot of it:

Note the portion that says that you cannot have a parent or relative or "sponsor" assist you with funds; you must be able to prove you have them for yourself.  Now, a way around this is if a family member gifts you with money and puts it into your bank account, and they don't have access to that account.  That is sufficient enough to prove it is now your money, I should think.

Secondly, there is the possibility that if the non-EU partner has "sufficient funds" to support themselves when they move, such as a job or a large savings account, it exempts their partner from having to prove full-time employment.  While we do not know the parameters for that yet, we can get a good idea by looking the above-image and treat the non-EU partner as if they were a Swede.  Since TUT lasts 2 years, we would perhaps treat it as 22 months x 8,010 SEK per month = 176,220 SEK (~$21,000 USD) in the bank account.  However, I don't know how this would multiply out for those who come in on PUT (for example, people who can prove they have lived with their partners for over 2 years and thus get immediate permanent residency, not just 2-year temporary).

It is still unknown if this maintenance requirement also includes proving you have your own health care.

Other benefits to keep an eye on are the right to study for free on a temporary UT, and access to CSN after PUT is achieved.