Sweden: New Immigration Law Introduces Jobseeker Permit, Administrative Leniency, Among Other Changes

April 28, 2022

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Country / Territory

At a Glance

The Swedish parliament approved a new immigration law which introduces the following key changes effective June 1, 2022:  

  • A new residence permit type for highly qualified jobseekers and start-ups;  
  • Leniency for administrative mistakes; and
  • Stricter review of employment conditions.  

The situation

The Swedish parliament has approved a new immigration law which will take effect in Sweden on June 1, 2022. 

The new law introduces the following key changes.  

NEW POLICY DETAILS IMPACT
New permit for jobseekers and start-ups 
  • A new residence permit type will be available for highly qualified workers seeking local employment in Sweden. Sweden currently offers a one-year jobseeker permit for individuals who graduated universities in Sweden, but does not have a general jobseeker permit.  
  • The new permit will also be available to those seeking to start a business in Sweden. Sweden currently offers a self-employed permit for applicants with significant experience and funds, but does not yet offer a start-up permit option. 
  • Eligibility criteria and document requirements for both options have not yet been published.  
  • Under the new law, Sweden will offer additional entry options to sought-after migrants.
Leniency for administrative mistakes 
  • The Migration Agency will show more leniency for employers’ administrative mistakes where the employer acts in good faith. While no details are formally published, this is expected to include, e.g., late registration with employee insurance programs.  
  • Under the new law, foreign nationals will no longer face deportation for some types of employer administrative mistakes.
Stricter review of employment conditions  The new law introduces a number of key changes that would increase scrutiny of employment conditions: 
  • Applicants will be subject to additional maintenance and housing requirements if sponsoring dependents, similar to the current policy for permanent residence applications.
  • Employers must submit an employment contract with the application, where currently an offer of employment suffices. 
  • The Migration Agency can scrutinize employment conditions even after permit approval, and seek additional information and documents from the employer; where this is currently not permitted.  
  • Applicants and employers will be subject to stricter review of employment conditions under the new law.  

The new law addresses a key points of ongoing public concern, specifically retention concerns by remedying deportations of sought-after staff due to minor administrative errors; and concerns on abuse of immigration labour by increasing scrutiny on foreign nationals’ employment and living conditions.  

The eligibility criteria, document requirements and application process for the new jobseeker and start-up permit; and further guidance on the implementation of increased leniency and stricter review of employment conditions; are expected to be published by the Swedish Migration Agency in the next few weeks. Policy changes are likely as the new rules are applied in practice after June 1, 2022.  

Fragomen will monitor implementation of the new law and will report on relevant developments.  

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]. 

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