residence permit in Sweden. If the person can support him/herself, they can be
granted a permanent residence permit” (ibid).
While the temporary law was a response to concerns related to the increased
numbers of asylum seekers, the SMA have been explicit in what this means with
regard to these new arrivals ability to naturalise as Swedish citizens in the
future. Due to the requirement that the applicant for citizenship has a
permanent residence permit “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” [emphasis added] (Migrationsverket, 2016c).
In the past, the requirement to hold a permanent residence permit for
naturalisation has been successfully challenged (Migrationsöverdomstolen,
2008). In this case it was decided that the applicant had intended to
permanently stay in Sweden form 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 permeant residence,
thus it was successfully argued that it was always his intention to permanently
reside in Sweden. However, refugees who have arrived after the temporary law
was introduced are not applying for permanent residence, but only temporary
residence. Thus, it remains unclear what the impacts of this temporary asylum
law will be on refugees’ ability to acquire citizenship if they are unable to
acquire permanent residence.
The temporary asylum law essentially could put citizenship further out of reach
for refugees granted this temporary status, eroding the usefulness of Section 11
of the Swedish Citizenship Act, which saw many refugees (stateless or
otherwise) naturalised after four years. Those with temporary residence permits
now have certain criteria to meet to secure permanent residence, including selfsufficiency or educational attainment (Migrationsverket, 2016d). This is
essentially the introduction of new naturalisation criteria specifically targeted at
refugees who arrived after the 20th of July 2016, except for unaccompanied
minors or families with minors. This is similar to the Danish law which restricts
access to citizenship in part through restricting access to permanent residence
permits.
Given that Sweden does not grant the right of residence to a person based solely
on a person’s statelessness, such restrictions on access to permanent residence
could lead to some stateless refugees seeing their right to temporary protection
cease, though without being offered any other form of status. This will present
Sweden with a new challenge. While previously all refugee received permanent
residence, now the authorities will have to begin to consider cessation of
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