Changed rules for statute of limitations, re-entry ban and track change
On 1 April, several legislative changes will be introduced that affect those who have applied for asylum. The rules for when a decision to leave Sweden reaches its statute of limitation changes, re-entry bans may become longer, and the possibility of changing track disappears. The changed rules affect you if your application for asylum has been, or will be, rejected.
Until the last of March 2025, the statutory limitation period (how long a decision to leave Sweden is valid) was four years from the date the decision gain the force of law. People who had received a decision that they must leave Sweden (a decision on rejection or expulsion) were able to apply for asylum again after four years, regardless of whether they had left Sweden or not.
On 1 April, the statutory limitation period for rejection and deportation decisions will be changed to five years, starting from the day the person leaves Sweden in accordance with their decision. This means that if you receive, or have received, a deportation or expulsion decision, you must leave Sweden in accordance with your decision for the limitation period to start counting. In most cases, this means leaving the territory of the EU countries and the Schengen area.
The rules also apply to you who have received a decision
The new rules on statutory limitation come into effect on 1 April and there are no transitional rules. This means that the new rules also apply to you who received a decision to leave Sweden that had not reached its statute of limitation on or before the last of March 2025.
The decision to leave Sweden has not reached its statute of limitation if, on 31 March, less than 4 years had passed since the decision gained the force of law. If so, the decision is still valid and you must leave Sweden in accordance with your decision for the five-year limitation period to start counting.
Can I apply to come back to Sweden?
If you do not have a valid re-entry ban, you can apply to come back to Sweden for example for studies or work. The main rule is that you must apply for such a residence permit from your home country or another country where you are allowed to stay, and that the permit must be ready before you enter Sweden.
More legislative changes that enter into force on 1 April
If your application for asylum is rejected, you are sometimes given an amount of time to leave Sweden in accordance with your decision, a so-called deadline for voluntary departure. The time limit can vary and what applies to you is stated in your decision. If you have not left the country within that time, the Swedish Migration Agency can decide on a re-entry ban. As of 1 April, the Migration Agency can decide on a longer re-entry ban than before.
Another change is that the possibility of changing tracks will disappear. This affects you if you have applied for a work permit after your application for asylum has been rejected.