@misc{9227413,
  abstract     = {{This thesis examines the legal conditions for granting extended residence permits to young adults who were previously granted residence permits as children on the basis of family ties to a parent residing in Sweden. The purpose is to analyse the legal developments that have led to the phenomenon of “teenage deportations” and the outcomes produced by current legal practice. The Migration Court of Appeal’s judgment MIG 2026:2 constitutes an important part of the thesis.

The thesis demonstrates that the legal scope for granting continued residence permits to young adults after the age of 18 is limited. The grounds for residence permits applicable to children cease once the child reaches the age of majority, and the provisions that thereafter become applicable are exceptional in nature and applied restrictively. A long period of lawful residence and actual integration into Swedish society are not, in themselves, sufficient grounds for granting a residence permit.

In MIG 2026:2, the Migration Court of Appeal refers to case law from the European Court of Human Rights concerning family reunification and situat-ions in which family members do not live together in the host state, without further addressing the parallel line of case law concerning young adults who continue to live with their parents and who have not yet formed families of their own. According to this line of case law, the European Court of Human Rights does not require additional elements of dependency in order for family life to exist. The court’s failure to more clearly account for this legal development risks giving lower courts an incomplete understanding of the scope of the Convention’s protection and may result in the application of a higher threshold than is actually required under Article 8 of the European Convention on Human Rights.

The analysis presented in the thesis suggests that the current legal situation is likely the result of deliberate legislative choices rather than an unintended gap in the legal framework. The situation highlights the difficulties that arise when young adults who have spent their formative years in Sweden fall between two regulatory frameworks without their actual integration and family ties being accorded independent significance. The analysis further demonstrates that the current legal framework only partially addresses the challenges identified in the thesis.}},
  author       = {{Melvinger, Sara}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Tonårsutvisningar - När rätten till uppehållstillstånd som barn upphör}},
  year         = {{2026}},
}