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January 18, 2024

Swedish Migration Court of Appeal issues decision relaxing requirements for individuals who apply for permanent residence permits

The Swedish Migration Court of Appeal recently upheld a decision by a lower court allowing a third-country national to obtain a permanent residence permit despite not having an employment contract that is valid for at least 18 months, as is the current requirement. This judgment may impact the way the Swedish Migration Agency (“Agency”) assesses permanent residence permit applications and benefit applicants. In December 2023, the Migration Court of Appeal upheld the Administrative Court’s decision that the 18-month employment duration requirement should be interpreted less stringently. The Migration Court observed that this requirement can be met if the applicant submits proof (e.g., an employment contract) that they will receive, or are likely to receive (based on forecasts), sufficiently high income for at least one year after filing the application.

A Tax Alert prepared by EY's People Advisory Services group, and attached below, provides additional details.

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Full text of Tax Alert