WHAT'S IN SWEDEN'S NEW 'POOR CONDUCT' PROPOSAL FOR RESIDENCE PERMITS?

The Swedish government wants to reintroduce a good behaviour
requirement for immigrants applying for residence permits, but what
exactly does that mean?

A GOOD BEHAVIOUR REQUIREMENT? WHAT’S THAT?

The inquiry proposed reintroducing the good behaviour requirement
which existed in Swedish migration law prior to 2005, referred to in
Swedish as the _vandelskrav_. 

This means that all references to _levnadssätt _(way of life) and
_misskötsamhet _(misconduct) in Swedish migration law, the Aliens
Act, would be replaced instead with _vandel. _More specifically,
foreigners with _bristande vandel_, roughly a flawed way of life,
would no longer qualify for a permit.

In addition to this, the inquiry proposed an official definition of
_vandel _in legal terms, which is a somewhat vague term to describe
good morals or conduct.

The official definition would be “a requirement that a foreigner
lives in an honest and responsible manner”, which, it states, means
that “the foreigners must comply with applicable statutes and
judgements and other decisions of courts and authorities which are
enforceable in Sweden”.

HOW EXACTLY WOULD THE NEW REQUIREMENT BE APPLIED?

The new requirement could be used both when deciding whether a permit
should be granted in the first place and whether an existing permit
should be revoked or not.

In each case, the bigger picture would be taken into account, with a
look at the applicants’ behaviour as a whole rather than rejecting
permits for individual actions.

ADVERTISEMENT 

Examples provided by inquiry head Robert Schött in the press
conference presenting the inquiry report include the following:

 	* An unwillingness to pay debts
 	* Misusing the welfare system
 	* Non-compliance with rules (not following fundamental Swedish
values and ways of doing things)
 	* Varying threats to security, for example membership or other
contact with, among other things, criminal networks or other violent
organisations

Schött also listed examples such as a foreigner not being able to
explain where their income comes from or “disorderly conduct linked
to addiction or substance abuse”.

He added that addiction itself would not be considered _bristande
vandel_, but an immigrant who behaved in a dangerous or grossly
anti-social manner and had, for example, refused to accept help and
support for their addiction could be seen as having a flawed way of
life.

The inquiry report also adds that applicants’ reason for being in
Sweden will be weighed against their way of life. This means that
people who have a strong grounds for being in Sweden (for example
connected to their situation in Sweden and in their home country)
would only have their permit rejected for _bristande vandel_ if the
arguments against their permit being granted are stronger than the
arguments in their favour.

“In our opinion, it should only be possible to reject such an
application for _vandel_-based reasons in exceptional cases, unless
they have committed a crime,” the report reads.

Applicants who apply for a permit on weaker grounds could, however,
have their permit rejected for something less serious.

Some things would weigh more heavily than others, for example an
unwillingness to pay debts would “weigh relatively heavily
against” a permit being granted, as would benefit fraud or posing a
terror threat.

ADVERTISEMENT 

Disorderly conduct linked to addiction or substance abuse would, on
the other hand, only count if the applicant had some other indication
of a flawed way of life.

If the applicant has particularly strong connections to Sweden or has
children in Sweden, then that would be taken into account and could
weigh in their favour.

The inquiry also proposes making it possible to reject or revoke a
permit if the holder has made statements that are punishable by law or
threaten public order. These could include statements that are already
punishable by law, as well as statements which could, along with other
information or context, be seen as a threat towards Swedish security.

It would also be possible to revoke permits for other reasons, such as
if the permit is based on false information knowingly provided by for
example an employer or family member. Currently, permits can be
revoked if the applicant has personally provided false information.

The inquiry also proposes scrapping rules that limit the possibility
of revoking residence permits based on how long the foreigner has
lived in Sweden.

WHICH PERMITS WOULD BE AFFECTED BY THE NEW PROPOSAL?

Permits for family members of a Swede or a permit holder (sometimes
referred to unofficially as _sambo_ permits based on the Swedish word
for a co-habiting partner) would be included, as would work permits
and permanent residence permits.

The new proposal would not include permits for research, higher
education, certain internships, volunteer work or au-pair work. It
would also not cover certain special permits such as the EU Blue Card,
permits for internal movement within a company (ICT permits), or
permits for seasonal workers).

It would also not include refugees, who are covered by different
rules.

ADVERTISEMENT 

WHEN IS THIS DUE TO COME INTO FORCE?

It’s just a proposal at the moment, although it’s likely that it
will be adopted into law as the results of the inquiry are broadly in
line with the government and the Sweden Democrats’ aims with the
reform.

If the proposal goes through, it has a suggested implementation date
of July 1st 2026.