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The Impact of the Maintenance Requirement on Guest Workers and their Families
The concept of a maintenance criteria for family members has existed in Sweden since 2016 when the Act Concerning Temporary Restrictions on the Granting of Permanent Residence Permits for Asylum Seekers (2016:752) was introduced. The main purpose of this temporary legislation was to ensure that family members (e.g. spouse or children, the only relatives recognised as family under Swedish law) which a current Swedish resident wished to bring into the country would be appropriately supported by requiring that the sponsoring individual in Sweden submit proof that they had adequate housing and income to support each family members they wanted to bring to Sweden. The temporary legislation did not, however, extend to the family members of the holders of temporary work permits, even if and when said work permit qualified the worker and their family for a permanent residency permit after 4 years in Sweden. Having a contracted salary income and insurance package matching or exceeding the market norms of the individual's profession had for a long time been a prerequisite for receiving a Swedish work permit and, while the Swedish Migration Agency during 2016 and 2017 tightened its enforcement of the insurance and salary requirements, no separate maintenance criteria were applied.
On the 19th of July 2021, the Swedish parliament allowed the temporary Act 2016:752 to expire, one year later than originally intended. The maintenance requirement was from the 20th of July 2021 instead included in the Aliens Act (Swe. "Utlänningslag 2005:716"), which regulates most aspects of Swedish immigration. The requirement is henceforth generally applicable when, for example, a Swedish citizen, a holder of a permanent residency permit, or someone with a refugee status recognized by the Swedish government applies to bring their spouse or children into Sweden. The maintenance requirement is not, however, at present applied by the Migration Agency on the family members of temporary guest workers, though this policy might potentially change in the future.
If and when a guest workers qualify for a permanent residency permit, upon applying for an extension after living and working in Sweden for 4 years, their family members do become subject to the maintenance requirement.
On such an occasion, the Migration Agency would require the individual to prove that they will, during a minimum of 12 months following the application decision date, through purchase or rent independently possess a house or apartment deemed sufficient for the needs of them and their family. Childless couples are required to have at least a one-room apartment with a dedicated food preparation area. Couples with children are required to have larger dwellings since the Swedish authorities do not deem it appropriate for children to share a bedroom with their parents and since, by the same government standards, no more than 2 children should sleep in the same room. To prove that a sufficient home will be available to the applicants and that the total cost of said home will not be unfeasible considering their combined income, the Migration Agency now require the following documentation when a guest worker apply for an extension which might lead to a permanent residency permit:
On the 19th of July 2021, the Swedish parliament allowed the temporary Act 2016:752 to expire, one year later than originally intended. The maintenance requirement was from the 20th of July 2021 instead included in the Aliens Act (Swe. "Utlänningslag 2005:716"), which regulates most aspects of Swedish immigration. The requirement is henceforth generally applicable when, for example, a Swedish citizen, a holder of a permanent residency permit, or someone with a refugee status recognized by the Swedish government applies to bring their spouse or children into Sweden. The maintenance requirement is not, however, at present applied by the Migration Agency on the family members of temporary guest workers, though this policy might potentially change in the future.
If and when a guest workers qualify for a permanent residency permit, upon applying for an extension after living and working in Sweden for 4 years, their family members do become subject to the maintenance requirement.
On such an occasion, the Migration Agency would require the individual to prove that they will, during a minimum of 12 months following the application decision date, through purchase or rent independently possess a house or apartment deemed sufficient for the needs of them and their family. Childless couples are required to have at least a one-room apartment with a dedicated food preparation area. Couples with children are required to have larger dwellings since the Swedish authorities do not deem it appropriate for children to share a bedroom with their parents and since, by the same government standards, no more than 2 children should sleep in the same room. To prove that a sufficient home will be available to the applicants and that the total cost of said home will not be unfeasible considering their combined income, the Migration Agency now require the following documentation when a guest worker apply for an extension which might lead to a permanent residency permit:
- If the applicant is renting their Swedish home: A scan of the rental contract showing the monthly cost, the number of rooms, the name of the landlord, and the duration of the contract. If they are renting from some party other than the legal owner of the apartment building, the Migration Agency also wants to see the contract of the first-hand tenant and the approval from the owner of the building. If they pay separately for utilities (electricity, water, heat etc.), they should submit documentation of that monthly cost as well, for example, a scan of a monthly invoice.
- If the applicant has purchased their Swedish home: A scan of the purchase contract and documentation of all monthly costs relating to the home, such as apartment fees, monthly interest payments, costs of electricity, heating, etc.
Proof of the main applicant's income has for many years been a routine requirement at any work permit extension application. Said income can be used to meet the maintenance requirement for their whole family if sufficiently large. If their spouse wishes to qualify for a permanent residency permit of their own, which they can do after a minimum of 3 years in Sweden, they are, however, now required to prove that they can support themselves independently, regardless of how much their spouse earns. To do this, they would typically need to provide proof of employment (permanent, or on other grounds deemed likely to support them for the foreseeable future) or other circumstances which will guarantee them a steady income of sufficient size to cover their personal needs. Spouses without a sufficient independent income will henceforth only qualify for temporary residency permit extensions for up to 2 years per application, for so long as they have a spouse who can financially support them.
To determine how large net income each family need to support themselves in Sweden, the Migration Agency is using the preexisting subsistence minimums established each year by the Enforcement Authority (Swe. "Kronofogdemyndigheten"). For the year of 2021, the said income requirements are as follows:
- Single Adult: SEK 5,016 per month
- A couple living together as spouses or cohabiting partners: SEK 8,287 per month for two adults
- Children up to the age of 6 years: SEK 2,662 per month per child
- Children age 6-18 years: SEK 3,064 per month per child