principle of acquisition of nationality through a Swedish father remained, though the preparatory works of
the Act mentioned the possibility of acquisition of Swedish nationality through the mother, as a primary
principle. It was, however, deemed not to be possible to introduce this principle at that point in time, as
most other countries still maintained the principle of acquisition of nationality from the father. Acquisition
of the mother’s nationality would therefore have led to cases of dual nationality, which at that time was
considered undesirable.34
Another major change introduced by the 1950 Act on Swedish Citizenship was the re-acquisition of Swedish
nationality for former Swedish nationals and acquisition of Swedish nationality for persons who were born
and grew up in Sweden, through a notification35 procedure. In both situations, re-acquisition or acquisition
of nationality had previously been automatic, which meant that (re-)acquisition of nationality became more
difficult with the introduction of a notification procedure.36
Over the years, the 1950 Act on Swedish Citizenship was subject to several major amendments. Among
them, acquisition of Swedish nationality through the mother became the primary principle for the
acquisition of nationality at birth in 1979, as a result of Nordic co-operation. Moreover, in 1969, as a result
of Sweden’s ratification of the 1961 Convention,37 an amendment was introduced to the requirements for
the acquisition of Swedish nationality for young persons who had grown up in Sweden. The required period
of lawful residence was reduced and the requirement of birth in Sweden was abolished.38
A new Instrument of Government,39 one of the four constitutional laws of Sweden, entered into force in
1974 and introduced a provision on the prohibition of deprivation of Swedish nationality. Chapter 2, Section
7 of the Instrument states that no Swedish national who lives or has lived in Sweden can be deprived of
his or her Swedish nationality. It is, however, possible to prescribe that children under 18 years follow the
nationality of their parents or parent and may consequently lose their Swedish nationality, although it
would be possible for the child to reacquire Swedish citizenship by application.40 Since then, the possibility
of depriving a person of his or her Swedish nationality has been repeatedly discussed, but as of today, no
such possibility exists, except for persons who are born abroad and have never lived in the country or have
no other significant links to Sweden.41
A new Act on Swedish Citizenship entered into force in July 2001.42 As 50 years had already passed since
the enactment of the previous Act on Swedish Citizenship, during which time migration had significantly
increased, modernization and adaptation of the nationality law was required. The principle of jus sanguinis
and the prevention of statelessness remained guiding principles in the new nationality legislation, and the
prohibition on dual nationality was removed. Furthermore, the CRC, as well as the ECN which Sweden ratified
on 28 June 2001, formed important bases for the Government’s proposal for the new Act, as indicated
34
EUDO, Country Report: Sweden, p. 4-5.
35
The term used in the Act on Swedish Citizenship, including its Section 6 that will be discussed further below, particularly in
Section 4.3.1.1 is “anmälan” and not “ansökan”. The English term “notification” will therefore be used, instead of “application”.
36
EUDO, Country Report: Sweden, p. 5.
37
SÖ 1969: 12.
38
EUDO, Country Report: Sweden, p. 5.
39
Regeringsformen (1974: 152), available at: http://goo.gl/6ejEFi.
40
This could in theory arise in a situation, pursuant to Section 14(3) of the Act on Swedish Citizenship, according to which:
“A Swedish national loses his or her Swedish nationality when she or he turns 22 years if 1) he or she was born abroad, 2) has
never been a habitual resident in Sweden 3) have neither been in Sweden in circumstances which indicate that he or she has
links to the country. If an application is made before the Swedish national turns 22 years, grant of retention of the nationality can
be granted. When someone loses his or her Swedish nationality in accordance with the first paragraph, even his or her children
lose their Swedish nationality if the child has acquired Swedish nationality through the parent. The child however does not lose
his or her nationality if the other parent retains his or her Swedish nationality and the child acquires Swedish nationality even
from him or her. Deprivation of Swedish nationality shall not happen if the person as a result would become stateless.”
41
EUDO, Country Report: Sweden, p. 6.
42
Lag (2001: 82) om svenskt medborgarskap, available at: http://goo.gl/Rb40jR. Also available in English at: http://goo.gl/3Xbsqq.
UNHCR STOCKHOLM, 2016
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