Oxford Monitor of Forced Migration Vol. 7 No. 2
Section 12 of the Act on Swedish Citizenship foresees the potential barriers some people may face
in proving their identity when applying for naturalisation, allowing for exceptions if the person has
domiciled in Sweden for eight years and the information about their identity is credible
(Regeringskansliet, 2006). However, any period of time the applicant has spent in Sweden with an
incorrect identity is not counted towards the period of residency (Bernitz, 2013). Given that
stateless refugees cannot appeal decisions about their identity, this can lead to a situation of
prolonged statelessness if the SMA have incorrectly assessed the person’s statelessness. The
dangers of this lack of clarity on determining statelessness was highlighted in an Administrative
Court Judgment which ruled, in a case where the Swedish Tax Agency and the SMA had not agreed
upon whether a child born in Sweden to an unmarried Somali woman was stateless or not, the child
could not acquire Swedish citizenship by notification as the statelessness of the child had not been
established due to the authorities (both of whom have no law or policy upon which to accurately
make such an assessment) not reaching a consensus (Förvaltningsrätten, 2012).
The Temporary Asylum Law and Naturalisation
Temporary restrictions on refugees being granted permanent residence permits in Sweden came
into force in 2016. The law not only applied to new applicants but also those still waiting for a
decision on their asylum claim. Previously anyone granted a residence permit as a refugee, a person
in need of subsidiary protection or a person otherwise in need of protection, before the 20th of July
2016, received a permanent residence permit (Migrationsverket, 2016d). From this date, however,
with some few exceptions, 14 those in need of protection as refugees only receive temporary
residence permits valid for three years.
With regard to the extension of these new temporary residence permits, the SMA stated that ‘If the
person still has grounds for protection when their residence permit expires, they can be granted an
extension of their residence permit in Sweden. If the person can support him/herself, they can be
granted a permanent residence permit’ (ibid). The SMA have been explicit in what this means for
these new arrivals ability to naturalise as Swedish citizens in the future. “This [temporary measure]
means that the large number of asylum seekers who came to Sweden last autumn [2015] can only
become Swedish citizens in a few years, providing they have permanent residence permits”
(Migrationsverket, 2016c).
In the past, the requirement to hold a permanent residence permit in order to naturalise has been
successfully challenged (Migrationsöverdomstolen, 2008a). In one case it was decided that the
applicant, who had met the residency requirement by renewing his temporary residence repeatedly,
had intended to permanently stay in Sweden from the date of application for asylum, even though
the applicant only received temporary residence. This was because, at the time, an application for
asylum was an application for permanent residence. Thus, it was successfully argued that it was
always the applicant’s intention to permanently reside in Sweden, and he thus met
the hemvist principle. However, refugees who arrived after the temporary law was introduced are
not applying for permanent residence. It remains unclear what impact the temporary asylum law
14
Unaccompanied minors and families with children under the age of 18 who were in need of protection were
still granted permanent residence permits if they submitted an application for asylum before the 24th of
November 2015.
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