Family life can wait - An examination of family reunification in the Act (2016:752) on temporary limitations of the opportunity to be granted residence permit in Sweden and its proposed extension
(2019) LAGM01 20191Department of Law
Faculty of Law
- Abstract
- In the peak of the 2015 refugee crisis, Sweden stipulated a new law in order to give the system respite while recovering from the pressure that followed from the 162 877 asylum applications Sweden received that year. The Act (2016:752) on temporary limitations of the opportunity to be granted residence permit in Sweden entered to force on 19 July 2016 to apply for three years. The law constitutions an adaption for Sweden’s provisions on, among others, residence permits and family reunification to an EU minimum level where family reunification for subsidiary protection beneficiaries is not allowed at all, with the motivation that the stress the Swedish system was under justifies the separation of families. Three years later and despite wide... (More)
- In the peak of the 2015 refugee crisis, Sweden stipulated a new law in order to give the system respite while recovering from the pressure that followed from the 162 877 asylum applications Sweden received that year. The Act (2016:752) on temporary limitations of the opportunity to be granted residence permit in Sweden entered to force on 19 July 2016 to apply for three years. The law constitutions an adaption for Sweden’s provisions on, among others, residence permits and family reunification to an EU minimum level where family reunification for subsidiary protection beneficiaries is not allowed at all, with the motivation that the stress the Swedish system was under justifies the separation of families. Three years later and despite wide criticism from national and international bodies, the law is proposed to be extended for two more years due to the lack of solutions made by the Swedish government on the lasting issue.
This thesis examines the current legislation’s compatibility with international standards relating to the principle of family unity and the proposed adjustments made together with the proposal of extension. The Temporary Law, in its current form, includes a right to family reunification for individuals with refugee status, but not for subsidiary protection beneficiaries. The principle of family unity, where the best interests of the child is an important component, are protected in several documents, both within the EU and on an international level. The conclusion reached by this thesis is that the exclusion of subsidiary protection beneficiaries is not in line with Sweden’s international and regional obligations. It also raises issues on legal certainty, equal treatment in similar situation and so does the proposed extension. The proposed extension will entail further uncertainty when introducing a criterion that before has not been applied on this status for international protection. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/8978104
- author
- Nilsson, Evelina LU
- supervisor
- organization
- course
- LAGM01 20191
- year
- 2019
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- EU law, migration law, family unity
- language
- English
- id
- 8978104
- date added to LUP
- 2019-07-08 11:12:33
- date last changed
- 2019-07-08 11:12:33
@misc{8978104,
abstract = {{In the peak of the 2015 refugee crisis, Sweden stipulated a new law in order to give the system respite while recovering from the pressure that followed from the 162 877 asylum applications Sweden received that year. The Act (2016:752) on temporary limitations of the opportunity to be granted residence permit in Sweden entered to force on 19 July 2016 to apply for three years. The law constitutions an adaption for Sweden’s provisions on, among others, residence permits and family reunification to an EU minimum level where family reunification for subsidiary protection beneficiaries is not allowed at all, with the motivation that the stress the Swedish system was under justifies the separation of families. Three years later and despite wide criticism from national and international bodies, the law is proposed to be extended for two more years due to the lack of solutions made by the Swedish government on the lasting issue.
This thesis examines the current legislation’s compatibility with international standards relating to the principle of family unity and the proposed adjustments made together with the proposal of extension. The Temporary Law, in its current form, includes a right to family reunification for individuals with refugee status, but not for subsidiary protection beneficiaries. The principle of family unity, where the best interests of the child is an important component, are protected in several documents, both within the EU and on an international level. The conclusion reached by this thesis is that the exclusion of subsidiary protection beneficiaries is not in line with Sweden’s international and regional obligations. It also raises issues on legal certainty, equal treatment in similar situation and so does the proposed extension. The proposed extension will entail further uncertainty when introducing a criterion that before has not been applied on this status for international protection.}},
author = {{Nilsson, Evelina}},
language = {{eng}},
note = {{Student Paper}},
title = {{Family life can wait - An examination of family reunification in the Act (2016:752) on temporary limitations of the opportunity to be granted residence permit in Sweden and its proposed extension}},
year = {{2019}},
}