FAQ ABOUT CHANGES IN THE SWEDISH RECEPTION OF ASYLUM SEEKERS’ ACT (LMA) EFFECTIVE FROM 1 JUNE 2016
Source
The Swedish Migration Agency posted on their website the changes of the Swedish Reception of Asylum Seekers’ Act (LMA) that will change with effect from 1 June 2016 (source Migrationsverket):
What does the change to the Swedish Reception of Asylum Seekers’ Act (LMA) involve?
The change to the Swedish Reception of Asylum Seekers’ Act (LMA) means that you will lose your right to assistance if you have received a decision on refusal of entry or deportation and the decision can no longer be appealed, or if the period of voluntary return has ended. This means, for example, that you will lose your right to a daily allowance and your right to stay at asylum accommodation paid for by the Swedish Migration Agency.
Who is affected by the change to LMA?
To be affected by the change to the law, you must have received a decision on refusal of entry or deportation that can no longer be appealed or a decision on refusal of entry or deportation for which the period of voluntary return has ended be at least 18 years old not be living with children under 18 years old for whom you are a guardian.
Can I get back my right to assistance after the decision on my case can no longer be appealed?
You can get the right to assistance again if the Swedish Migration Agency or a court grants you a new examination of your case or decides to suspend your refusal of entry or deportation temporarily, known as a stay of enforcement.
Once you have found out that such a decision has been made, you must notify the Swedish Migration Agency if you want to receive assistance again. Contact the Swedish Migration Agency for more information.
How long can I stay at the Swedish Migration Agency’s accommodation?
You can stay at the Swedish Migration Agency’s accommodation until a decision on refusal of entry or deportation can no longer be appealed. If you receive a decision on a period of voluntary return, you are entitled to remain at the Swedish Migration Agency’s accommodation until the period ceases to apply or is cancelled.
Where should I go if I cannot stay at the Swedish Migration Agency’s accommodation?
When your decision on refusal of entry or deportation can no longer be appealed or if your period of voluntary return has ceased to apply, you must leave Sweden. The Swedish Migration Agency or the police will help you with the practical arrangements in connection with returning home.
What happens if I refuse to leave my accommodation?
If you refuse to leave your accommodation, you will be removed by force because you are no longer entitled to a place at the Swedish Migration Agency’s accommodation. Refusing to leave accommodation can be a crime.
The Swedish Migration Agency cancelled my period of voluntary return and gave me a two year re-entry ban. When must I leave my accommodation?
When the period of voluntary return has been cancelled, you must leave your accommodation immediately.
There is space for me to stay at the Swedish Migration Agency’s accommodation. The people who work at the accommodation have said that it is OK. May I remain?
No, you may not. The Swedish Migration Agency decides who has the right to assistance and can therefore remain at the accommodation.
Will I get help with returning home?
If you cooperate, the Swedish Migration Agency can help you with the practical arrangements in connection with returning home. If you cannot pay to return home yourself, the Swedish Migration Agency can help you with a ticket. If it is the police who deal with your case, the police are responsible for the practical arrangements in connection with returning home.
I no longer have the right to assistance. Can I use my LMA card to go to the district health care centre and obtain prescription medicines?
No, you must hand in your LMA card when the right to assistance ends.
I need care and medicine. Can I get help with money to pay for this?
You have the right to care and medicine even if you do not have permission to be in Sweden if a doctor or a dentist believes that you need care that cannot wait. Contact the health care services if you need help or information.
The Swedish Migration Agency will not give you money for care or medicine if you do not have the right to assistance. Nor can you use your LMA card to get cheaper medicine or doctor’s visits. More information is available from 1177 Vårdguiden .
I am an unaccompanied child and I have a deportation decision that can no longer be appealed. What happens when I reach the age of 18?
If you have a decision on deportation that can no longer be appealed and your period of voluntary return has ended, you will lose your right to assistance when you reach the age of 18 and you must then leave the country.
I am an unaccompanied child and I am living together with my older relative. My older relative has lost the right to assistance. What will happen to me if I cannot live with my older relative?
If you can no longer live with your older relative, social services in the municipality where you live will help you with your accommodation.
My child will reach the age of 18 in three months. We have a decision on refusal of entry or deportation that can no longer be appealed and the period of voluntary return has ended. Will we no longer have the right to assistance when my child reaches the age of 18?
You will no longer have the right to assistance when your child reaches the age of 18.
What will happen to my work placement when I no longer have the right to assistance?
You will be unable to continue with your work placement once your right to assistance ends.
I have AT-UND and I work. Can I continue to work when I no longer have the right to assistance?
You will keep your AT-UND as long as you cooperate to leave the country. If you do not cooperate to leave the country, your AT-UND will no longer apply.
Limited possibilities of residence permits and family reunification
What does the new law mean?
It is a new, temporary law that means that a person who is in need of protection will only be granted a temporary residence permit instead of a permanent residence permit. Family reunification is possible for a person who has refugee status, but is limited for a person eligible for subsidiary protection. In addition, a maintenance requirement applies to anyone who wants to bring their family members to Sweden.
Can my family come to Sweden?
Can my family come to Sweden?
If you have a permanent residence permit, a temporary residence permit with refugee status or a temporary residence permit with subsidiary protection status and you applied for asylum before 24 April 2015, then your family (your husband, wife, cohabiting partner or registered partner and your children under the age of 18) have the possibility of moving to you in Sweden. Both you and your partner must be at least 21 years of age. if you applied for asylum after 24 November 2015 and have subsidiary protection status, your family will only have the right to move to you in Sweden in exceptional cases.
Can my cousin or my maternal grandmother move to me in Sweden?
No, only your husband, wife, cohabiting partner or registered partner and your children under the age of 18 are counted as family Both you and your husband, wife, cohabiting partner or registered partner must have reached 21 years of age.
Will I be granted a permanent residence permit or a temporary residence permit?
The new law means that a person who has refugee status or subsidiary protection status will be granted a temporary residence permit instead of a permanent residence permit. Unaccompanied minors who applied for asylum before 24 November 2015 and families with children under the age of 18 who applied for asylum before 24 November 2015 can be granted permanent residence permits. Quota refugees are granted permanent residence permits.
How long a residence permit will I be granted?
How long a residence permit you will be granted depends on what status you are given in your decision. A person who is judged to have refugee grounds will be granted a residence permit for three years. A person who is judged to be eligible for subsidiary protection will be granted a residence permit for 13 months.
How do I find out whether I will be granted refugee status?
Your decision will say whether you have been granted refugee status or subsidiary protection status. Along with your decision you will also be given more information about how long a residence permit you have been granted and what rights you have. No one can say what status you will be granted before the Swedish Migration Agency has investigated your application and taken a decision on your residence permit.
Why have I not been granted refugee status?
The Swedish Migration Agency has judged that you do not meet the requirements set under the UN Refugee Convention.
Who will be considered under the new law and who will be considered under the old law?
Only unaccompanied minors who applied for asylum before 24 November 2015 and families with children under the age of 18 who applied for asylum before 24 November 2015 are considered under the old law. The children must be under 18 years of age when the Swedish Migration Agency makes its decision for them to be able to be considered under the old law. All others are considered under the new law.
What is the difference between a permanent residence permit and a temporary residence permit?
If you are granted a permanent residence permit, you are entitled to settle, work and live here on the same terms as other people who reside in Sweden. You can enter and leave the country, but when you leave Sweden you must have a valid passport in order to be able to return. Your permanent residence permit is valid as long as you reside in Sweden.
A temporary residence permit is only valid for 13 months or three years. When the permit has expired, the Swedish Migration Agency will consider your grounds for asylum again.
I have been granted a temporary residence permit. Can I receive health care when I am ill?
Yes, you have the same right to health care as a person with a permanent residence permit.
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