Swedish citizen, following the hemvist principle. 8 Section 11, sets out the
criteria for a stateless person or a stateless refugee to be naturalised, which
require that the applicant has 1) established their identity, 2) is eighteen years
old, 3) holds a permanent residence permit (or permanently resides legally) in
Sweden, 4) has resided in Sweden for five years (four for refugees or stateless
people), and 5) has led and can be expected to lead a respectable life (ibid). This
provision was a useful means of ending both the need for protection as a
refugee and a person’s statelessness, as previously refugees were granted
permanent residence, which was, effectively an automatic pathway to
citizenship. Further to this, for those with residence they may be able to acquire
Swedish citizenship after three years if they are married or in a registered
partnership with a Swedish citizen and have lived with them for two years
(Migrationsverket, 2017). However, if the individual has been in Sweden under
an incorrect identity, or “impeded” their deportation, it may “harm... the
possibility of obtaining citizenship after three years” (ibid).
The Citizenship Unit of the SMA can undertake an assessment of nationality or
statelessness of the applicant for naturalisation. However, the Citizenship Unit
“does not follow any specific guidelines when determining statelessness, instead
each case officer is expected to be able to make the determination based on the
available information regarding the applicant and the nationality laws of
relevant countries” (UNHCR, 2016, p. 41). As mentioned previously, stateless
people may face obstacles in proving their identity. Simultaneously, the
Citizenship Unit of the SMA does not have the sufficient law, policy and
guidance to ensure that their identity/credibility assessments allow for accurate,
fair and transparent determination of statelessness.
The evidentiary benchmarks for proving ones’ identity is higher in the
naturalisation procedure than during the asylum application, as Bernitz (2013,
pp.2-3) describes:
As to the first naturalization requirement, that the applicant can prove his or her identity,
there are rather strict guidelines in practice. The proof of identity requirement has been
tightened up over the years. Exceptions are possible, but only in certain situations. The
identity may be proven by showing the national passport in the original or showing an
identity document in the original or, if that is not possible, a close relative attesting to the
applicant’s identity… Original driving licenses and birth certificates are not normally
accepted as proof of identity.
8
“Swedish [naturalisation] law requires residence under the juridical institute of hemvist for the
last five years. The principle of hemvist is specific to Sweden, and implies that the individual has
a strict subjective purpose of continuous residence, seeking regular employment and setting up a
permanent home” See, Seland, G. B. a. I., 2010. Citizenship policies and ideas of nationhood in
Scandinavia. Citizenship Studies, 14(4), pp. 429-443
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