Sweden & Serbia

Rights and obligations

You have applied for a residence permit so that you can move to Sweden and live there with your family member. Partners include married or unmarried spouses with whom you intend to live. Information about what conditions you need to fulfill has been forwarded to the Embassy by the Migration Agency, considering that the Agency processes all applications for a residence permit in Sweden.

First, you get a temporary residence permit

If your application is approved, the resiedence permit will generally be granted for two years. After two years, you can apply for an extension and then you will have the opportunity to be granted a permanent residence permit. If you are granted a permanent residence permit, there is no need to submit a new request for an extension later. The condition for the approval of a permanent residence permit is that you continue to live together with your family member.

You must apply for an extension

You must apply for the extension yourself, and it is important that you submit the application before the valid permit expires. If you do not do this, you will be staying in Sweden without a permit. If you do this on time, you will have the right to stay in Sweden while the Migration Agency processes your application. You also have the right to continue working if you are employed.

If you submit your application too late, you risk the processing of your request to be more difficult, and the processing time to be extended. You would also lose your right to work, and in the worst case, you could be rejected. If you stay in Sweden without a residence permit, you risk being held criminally responsible.

It is necessary for your relationship to continue

In order for you to be granted an extension of your permit, it is necessary that your relationship continues, that is, that you continue to live together with your family member. If this is no longer the case, and there are no other grounds for extending your residence permit, your application for extension will be rejected.

Likewise, your residence permit can be revoked if your relationship ends during the period of validity of the permit. If you receive a decision on the rejected application or on the cancellation of the residence permit, you will most likely also receive a decision on deportation, that is, you will be forced to leave Sweden.

You can get a residence permit on other grounds

Ending a marriage or cohabitation in Sweden does not always mean that you have to leave Sweden. If you have another reason for the continued stay in Sweden, you can apply for a residence permit on that basis. In that case, you should provide those new reasons when you submit your application. An example of other reasons could be joining another person, a job or admission to studies.

There are also special rules regarding the extension of the residence permit if you were forced to leave your partner due to your or your child´s bad experience in that community. If you provide other reasons, they will be considered in accordance with the rules applicable to the relevant type of residence permit, and if you meet the criteria, you will be granted a new residence permit. If you do not meet the criteria, you will receive a rejection and most likely a deportation decision.

You can appeal the rejection

If your request for an extension is rejected, you can appeal to the Migration Court. In that case, you have the right to stay in Sweden while the court processes your appeal.

You will find more information on the website of the Migration Agency

More information on residence permits based on family reunification is available on the website of the Migration Agency (www.migrationsverket.se). There, for example, you will find information about the conditions for granting a residence permit, about the ways of submitting an application, as well as what rules apply when the relationship with a person in Sweden ends. Those moving to Sweden can find information on other types of residence permits and other valuable information on this site.