Track change abolished and rules on statutory limitation period changed

The system of changing tracks has meant that those whose asylum applications have been rejected, and who have worked during their asylum process in Sweden, under certain circumstances can have their application for a residence permit on the basis of work examined without having to leave the country. This means that they have been exempted from the main rule that applications for residence and work permits must be made from the home country or other country in which the person has the right to stay. The Parliament has now decided to abolish the possibility of changing tracks. The new rules will enter into force on 1 April without transitional provisions.

’Without transitional rules, the new legislation will also have consequences for people who are currently working and supporting themselves,’ says Hanna Geurtsen, Deputy Task Manager, Work Permits.

The abolition of track changes means that it is no longer possible to apply for an extension of existing permits.

’We will examine whether there are other grounds for a residence permit or whether there are grounds for not enforcing deportation. But most people who have been granted a residence permit on the basis of work through a so-called change of track will have to leave Sweden when their current permit expires,’ says Hanna Geurtsen.

Those covered by the change in the law are all persons who have applied for or been granted a residence permit on the basis of work after their asylum application has been rejected, as well as their family members. The Swedish Migration Agency estimates that it affects around 4,700 people.

Changes to the rules on the statute of limitations

At the same time, the Parliament has decided to change the rules on statutory limitation periods and re-entry bans. From 1 April, decisions on expulsion or deportation will be valid for five years from the date the person leaves the country in accordance with the decision, which in most cases also includes leaving the territory of EU countries and the Schengen area. The difference from before is that the statutory limitation period then started to run from the date the decision entered into force, regardless of whether the person had left Sweden or not, and applied for four years.

– The incentive to avoid enforcement of a refusal of entry or expulsion decision in order for the statute of limitations to begin, and then reapply, disappears. For this reason, the Migration Agency generally views the legislative amendment of the limitation periods favourably, as it can have a positive impact on the work with return, says Elin Svensson, Task Manager, Return.

9,000 people have open return cases

The Swedish Migration Agency has difficulty in assessing exactly how many people are affected by the changed rules on the statute of limitations.

‘The Migration Agency can look at the number of open return cases, but we don't have exact figures on the cases that have been handed over to the police for enforcement,’ says Elin Svensson.

The Migration Agency currently has around 9,000 people with open return cases that will not become statute-barred before the change in the law comes into force.

The new rules on statutory limitation periods will apply from 1 April and there are no transitional rules. This means that the new rules apply to persons who have a rejection or expulsion decision that has not expired by 31 March 2025.

The new amendments also introduce the possibility for the Swedish Migration Agency to decide on a longer re-entry ban than before, if a person has not left the country when the deadline for voluntary departure has expired.