European Migration Network EMN Policy Report 2013 Sweden Co-funded by the European Union
EMN Policy Report 2013: Sweden Migrationsverket (Swedish Migration Board), 2014 Diarienummer: 111-2012-39362 Editor: Bernd Parusel E-mail: bernd.parusel@migrationsverket.se Graphic design: Idermark och Lagerwall Reklam AB, Annika Hector This publication can be downloaded from www.emnsweden.se
EMN Policy Report 2013 Sweden
Table of contents Executive summary and overview... 7 1 Introduction... 11 2 Organisational structure of asylum and migration policy... 12 3 Overview of asylum and migration policy developments... 14 3.1 Political developments...14 3.2 Overall developments and debates concerning asylum and migration...14 4 Legal migration and mobility... 16 4.1 Students and researchers...16 4.2 Economic migration...18 4.3 Family reunification...20 4.4 Information provision to potential migrants...21 4.5 Validation of qualifications obtained abroad...22 4.6 Citizenship and naturalisation...22 4.7 Managing migration and mobility...22 5 International protection including asylum... 24 5.1 Applications for international protection and asylum procedures...24 5.2 Reception of asylum seekers...26 5.3 Asylum decisions...27 5.4 Integration of persons who are granted protection...28 5.5 Resettlement...29 6 Unaccompanied minors and other vulnerable groups... 30 6.1 Unaccompanied minors...30 6.2 Other vulnerable groups...31 7 Trafficking in human beings... 32 8 Migration and development... 33 9 Irregular migration... 34 10 Return... 35 Annex A: Methodology and definitions... 37 Executive summary and overview 5
List of tables Table 1: Overall immigration trend First-time residence permits granted in 2012 and 2013 7 Table 2: First-time residence permits granted for study reasons, main nationality groups, 2012-2013 17 Table 3: Work permits granted to workers from abroad, 2012-2013 (largest employment categories) 19 Table 4: Residence permits granted for family reasons, 2013, main citizenship groups 21 Table 5: Asylum seekers, main nationality groups, 2012-2013 25 Table 6: First-instance decisions in asylum cases, main nationality groups, 2013 28 Table 7: Unaccompanied minors applying for asylum, age and gender, 2013 30 List of figures Figure 1: Overall immigration trend First-time residence permits granted in 2013 8 Figure 2: Timeline - All first-time residence permits granted, 2005-2013 8 Figure 3: First-time residence permits granted for study reasons, 2006-2013 16 Figure 4: First-time residence permits granted to researchers, 2005-2013 18 Figure 5: Asylum seekers, 2003-2013 24 Figure 6: Asylum seekers, main nationality groups, 2012-2013 25 Figure 7: Voluntary return, main citizenship groups, 2013 35 6
Executive summary and overview This report aims to outline the most significant developments in the area of migration and asylum in Sweden in 2013 and to comment on relevant public debates, also in the context of European policy development and its impact on the national level. Overall trend By the end of 2013, more than 116 000 individuals had been granted first-time work and residence permits in Sweden. 1 This represents the highest annual figure to date in Sweden and an increase of approximately five per cent compared to 2012. Table 1 (absolute numbers) and figure 1 (percentages) show the main categories of residence permits that were granted in 2013. As in the year before, persons who immigrated to Sweden on the basis of family reunification, or on other family-related grounds, constituted the largest category in 2013 (approximately 40 000 persons). Residence permits issued for humanitarian reasons, such as to refugees, persons in need of subsidiary protection or with other humanitarian needs, represented the second largest group (28 438). Regarding this category, a strong increase can be seen as compared to 2012 (+68 %). One of the main reasons for this is the high number of asylum seekers coming to Sweden in 2013, especially from Syria. Persons moving to Sweden from within the EU and the EEA, who registered their stay, were the third largest group (20 712), followed by labour immigrants (employment reasons) and international students from third countries. Table 1: Overall immigration trend First-time residence permits granted in 2012 and 2013 Reasons 2012 2013 Family reasons and adoptions 41 156 40 026 Free movement rights (EU/EEA) 25 501 20 712 Employment reasons 19 936 19 292 Humanitarian reasons/protection* 16 893 28 438 Education reasons 7 092 7 559 Other reasons** 512 560 Total 111 090 116 587 * This includes refugees, resettlement and residence permits granted due to exceptionally distressing circumstances. ** This includes persons who were found not to be in need of protection but who could not be returned. Source: Swedish Migration Board 1 These figure includes individuals who were granted permits to work, study, reunite with family members or who have needed protection. EU/EEA citizens who registered their stay in Sweden are also included. 7
Figure 1: Overall immigration trend First-time residence permits granted in 2013 7% 24% 34% Family reasons and adoptions Free movement rights (EU/EEA) Employment reasons Humanitarian reasons/protection Education reasons 17% 18% Source: Swedish Migration Board Figure 2 below shows the granting of residence and work permits in a longer-term perspective. It can be seen that in 2013, the overall higher level of immigration, as compared to 2012, is mainly the result of a strong increase in residence permits granted on humanitarian grounds. All other categories remained stable or decreased in numbers. Within the period from 2005 to 2013, the immigration of international students was strongest in 2010. The granting of residence permits due to humanitarian reasons reached peaks in 2006 and 2013. In 2006, this was mainly due to a temporary measure to reassess cases of persons whose asylum applications had been rejected and who had lived in Sweden for several years in spite of the fact they had been ordered to leave. In 2013, by way of contrast, the high number can mainly be attributed to many asylum seekers coming to Sweden, especially from Syria. Both residence permits granted for employment reasons, residence rights for persons moving within the EU and family-related immigration reached high levels in 2012. In 2013, these groups declined slightly in numbers. Figure 2: Timeline - All first-time residence permits granted, 2005-2013 140 000 120 000 100 000 80 000 60 000 40 000 20 000 Other reasons Study reasons Humanitarian reasons Employment reasons Free movement EU/EES Family reasons 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 Source: Swedish Migration Board 8
International protection In a European perspective, Sweden remains a primary destination and recipient country for asylum seekers. In 2013, this was especially true regarding the conflict in Syria. Sweden also continued to receive a very high number of unaccompanied minors compared to other EU Member States. When looking at the overall number of individuals who were granted residence permits, persons in need of protection increased the most during 2013 compared to 2012. More than 28 400 individuals were granted protection, which is an increase of 68 % compared to 2012. 2 The number of asylum seekers also increased significantly from 43 887 in 2012 to 54 259 in 2013, representing an increase of almost 24 %. During the second half of 2013, the number of asylum seekers reached an average figure of approximately 5 900 individuals per month. Most asylum seekers in 2013 came from Syria (30 %) or were stateless persons (13 %). Other large nationality groups were persons from Eritrea (9 %), Somalia (7 %) and Afghanistan (5 %). More unaccompanied minors Sweden faced a continued increase in the numbers of unaccompanied asylum seeking minors (UAM). In 2013, over 3 800 unaccompanied minors applied for asylum in Sweden, as compared to approximately 3 500 in 2012. As in previous years, Afghanistan was the most important country of origin of UAM coming to Sweden, followed by Somalia, Syria, Eritrea and Morocco. Among the Swedish municipalities, which are responsible for the reception of these children, there were considerable shortages of housing and care available for UAM. Some municipalities were reluctant to accommodate UAM due to the costs arising from the provision of care, integration measures, schooling, health care and other measures. This situation has been an issue of concern for several years, and in 2013, in order to provide adequate reception for the increasing number of UAM in Sweden, the Swedish Migration Board was given extended possibilities to assign UAM seeking asylum to municipalities, even in the absence of a reception agreement between the Board and a municipality. Stable levels of immigration for family reasons Slightly more than 40 000 individuals received work and residence permits on the grounds of close family ties in 2013. Thus, immigration for family reasons was almost at the same quantitative level as in 2012, when around 41 000 such permits were granted. Family-related immigration constitutes, in terms of figures, the largest group of persons who were granted first-time residence permits in 2013. This has been the case for many years. In 2012, however, the number of residence permits granted for family reasons had increased strongly in comparison to the year before. In 2013, the processing times for first-time applications for residence permits for family reasons were rather long, as compared to earlier periods. While the average processing time was 152 days in 2012, it was 183 days in 2013. One of the reasons for this was that, in 2013, the processing of asylum applications was prioritised over certain other procedures within the Swedish Migration Board. No major quantitative changes in labour immigration The dynamics of labour immigration to Sweden also changed little as compared to 2012. While 19 292 residence permits for work reasons were granted in 2013, the number was 19 936 in 2012. Seasonal workers, such as berry-pickers, represented the largest professional group among all labour-related immigrants (5 915), followed by computing specialists (3 477). The Swedish system for labour immigration from third countries, and especially allegations of wage- 2 This group also includes individuals (1 328) who were granted a residence permit on grounds of particularly distressing circumstances. 9
dumping and exploitation of foreign workers, was a topic of frequent debate in 2013, both in the political sphere, mass media and among trade unions and employers associations. By the end of the year, the Swedish government proposed a range of measures aimed at preventing abuse of the system by untrustworthy employers. On 1 August 2013, the implementation of the EU Blue Card Directive 3 in Swedish law entered into force. Until the end of the year, however, only two EU Blue Cards were granted. This should be seen against the background that Sweden has an open system for labour immigration, and that, in many cases, third-country nationals find it easier to obtain a residence permit for work reasons in accordance with pre-existing national rules, than an EU Blue Card. For most applicants, the Blue Card does not offer many substantial advantages as compared to a national residence permit for labour immigration. Students In 2013, 7 559 students from third countries were granted residence permits for the purpose of studying in Sweden. This number included almost 1 000 doctoral students. The overall number represents a modest increase compared to the year before: In 2012, 7 092 residence permits were granted for study reasons. Overall, however, the number of international students coming to Sweden from third countries has been at a comparatively lower level during the past three years. In 2010, before tuition fees were introduced for incoming students from third countries, more than 14 000 such permits had been granted. As in previous years, Swedish higher education institutions voiced concerns over the modest numbers and advocated new incentives for international students to come to Sweden. Few changes in migration and asylum policy, legislation and practice As mentioned above, the transposition of the EU Blue Card Directive initially did not have any greater impact on immigration to Sweden. In addition to this, however, a few other changes were made to the Swedish Aliens Act. For example, the Swedish Migration Board was given extended possibilities to assign UAM seeking asylum to municipalities, even in the absence of a reception agreement between the Board and a municipality. A corresponding law was enacted by the Swedish Parliament in 2013 and entered into force on 1 January 2014. As far as the transposition of EU legislation is concerned, also the Sanctions Directive, aiming at preventing the employment of workers who stay in the EU on an irregular basis, was implemented in Sweden. In September 2013, the Swedish Migration Board made an important decision concerning asylum seekers from Syria. The Board decided that applicants from Syria who are in need of protection shall normally be granted permanent residence permits, irrespective of whether they are found to be refugees in accordance with the Geneva Convention, or persons in need of subsidiary or humanitarian protection. The new judicial position assessed the safety situation in Syria as extreme and characterised by general violence, and also included the assumption that this was not likely to change in the foreseeable future. The decision triggered a sharp rise in the number of asylum seekers from Syria coming to Sweden. Also, many Syrian refugees who had previously been granted a temporary permit now applied for a new permanent residence permit. 3 Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. 10
1 Introduction In accordance with Article 9(1) of Council Decision 2008/381/EC establishing the EMN, each National Contact Point of the EMN is required to provide every year a report describing the migration and asylum situation in the Member State, which shall include policy developments and statistical data. The report is structured so as to present relevant information on each aspect or dimension of migration and asylum. The EMN Annual Policy Report 2013 consists of two parts and a statistical annex. Part I was designed as a questionnaire and is primarily intended to inform policy-makers within the European Commission about national developments that are relevant to them when analysing and evaluating the impact of EU legislation and policies. The Swedish contribution to Part I was completed on 16 December 2013 and delivered to the Commission. Due to its rather technical nature and limited use for the general public, it remains unpublished but is available from the Swedish EMN NCP upon request. 4 The same is true for the statistical annex to Part I of the Swedish Annual Policy Report. This report represents Part II of the Swedish Annual Policy Report for 2013. This document is primarily intended for audiences that are interested in an overview of the asylum and immigration situation in Sweden and specific national audiences, such as policy-makers, researchers, the media and the general public. It will be published on the national website of EMN Sweden. 5 Section 1 introduces the report. Section 2 provides an overview of asylum and migration policy developments, to set a general context for the developments to be described in more detail further below. It includes an overview of the general political developments, as well as main policy and legislative debates, broader developments in asylum and migration, plus institutional developments. Sections 2-10 describe specific developments in the main areas of asylum and migration. Some sections are sub-divided into more specific, thematic sub-sections. The report covers the period 1st January to 31st December 2013. It is the tenth in a series of such EMN annual reports. 4 Please contact emn@migrationsverket.se to obtain the report. 5 www.emnsweden.se. 11
2 Organisational structure of asylum and migration policy In Sweden, the government sets out the general guidelines for migration policy by proposing bills. It is the responsibility of the Riksdag (Swedish Parliament) to pass or reject proposed bills and amendments. The government can also supplement the laws with ordinances. The Ministry of Justice is the government body responsible for migration policy. The Swedish Migration Board and the Swedish Police report to the Ministry of Justice and there is considerable cooperation at various levels between the ministries and the authorities. However, the authorities are formally subordinated the government as a whole and not a single Ministry. 6 Within the area of migration and asylum, the Swedish Migration Board is the responsible administrative agency concerning residence permits, work permits, visas, the reception of asylum seekers, return, acquisition of citizenship and repatriation. Also active in the area of migration are the migration courts, the Migration Court of Appeal, the police authorities, the Swedish Prison and Probation Service, the Swedish missions abroad and the Employment Agency (Arbetsförmedlingen). In addition, the County Administrative Boards negotiate with the municipalities on the reception of individuals in need of protection. Legal provisions pertaining to the tasks of the Swedish Migration Board are found primarily in the Aliens Act, the Aliens Ordinance and the Ordinance with Instructions for the Swedish Migration Board. The government also manages the Swedish Migration Board by means of annual budget appropriation directives that specify the operational budget and objectives. The Swedish Migration Board has the main responsibility for the reception of asylum seekers, from the date on which an application for asylum has been submitted until the person has been received by a municipality after being granted a residence permit or has left the country, if notified that the application has been rejected. The integration of recognised refugees or persons otherwise in need of protection is a responsibility of the Employment Service Arbetsförmedlingen and the Swedish municipalities. The Swedish Police is the main responsible authority in Sweden for border control. The Swedish Customs and the Coast Guard are required to assist the police in the control of third country nationals entry and exit and the Swedish Coast Guard shall control the vessel traffic at sea borders. According to the instruction for the Swedish National Police Board, the Board is the national contact point for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex). The Ministry of Employment is responsible for integration policy. The legal system pertaining to migration in Sweden is governed by the Aliens Act (Utlänningslagen, Statute 2005:716), and emanating from that law, the Aliens Ordinance (Utlänningsförordningen, Statute 2006:97). The current Aliens Act took effect on 31 March 2006 and has subsequently been amended many times. The Administrative Judicial Procedure Act (Statute 1971:291) governs with regard to appeals. The Administrative Procedure Act (Statute 1986:223) contains certain general statutes that govern all administrative agencies. The Swedish migration system and asylum procedures are also regulated by the Reception of Asylum Seekers and Others Act (Statute 1994:137) and the Reception of sylum Seekers and Others Ordinance (Statute 1994:361). 6 The Swedish system is based on independent administrative authorities. No public authority or minister may determine how an administrative authority is to decide in a particular case involving the exercise of public authority vis-à-vis a private subject or a local authority, or the application of law. 12
Border control is governed by the Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). 13
3 Overview of asylum and migration policy developments 3.1 Political developments As far as overall political or institutional developments with a broader impact on immigration and asylum are concerned, there were no major changes during the year 2013. For example, there were no national or local elections, the government minister responsible for immigration and asylum, Tobias Billström, remained in his position, and there were no major institutional changes. The general organization of political and administrative responsibilities, as mentioned in the previous section, remained the same, as well. In November 2013, the government decided to appoint a committee for migration studies (Delegation för migrationsstudier). 7 The committee s mandate will be to provide input, on the basis of new research, analysis of existing Swedish and international research and evaluations of official Swedish policies, on how Swedish migration policies can be further developed. 3.2 Overall developments and debates concerning asylum and migration Internal identity checks on foreigners During the first months of 2013, there was an intensive debate in Sweden about identity checks on foreigners carried out by the Swedish Police, especially in the public transport system of Stockholm. According to media reporting, persons with an immigrant background sometimes felt discriminated against by these checks, and there were allegations that checks were carried out on the basis of the skin colour or other external characteristics suggesting that a person may be a foreigner. The Swedish police clarified that internal identity checks on foreigners require a well-founded suspicion and objective criteria, such as investigation results, observations by police officers or other trusted sources. Internal controls could also be undertaken in connection to an arrest, a criminal investigation or traffic controls. The external appearance of a person and his/her name or language were by themselves no reason for an identity check. 8 Internal identity checks on foreigners may be carried out anywhere in the country. They are seen as a compensatory measure to the fact that Sweden does not have any external land borders. All neighboring countries are members of the Schengen area. Misuse of the Swedish labour immigration system Throughout 2013, the Swedish system for labour immigration that was introduced in 2008 has frequently been the subject of public debate, both in Parliament, society and the media. While some argued that the Swedish system had proven to be demand-driven, effective and open, others claimed that there was wide-spread abuse by untrustworthy employers who misuse the system to dump wages and exploit foreign workers. In May 2013, the Swedish Trade Union Confederation (LO) published a report on the effects of the Swedish labour immigration system, highlighting vulnerabilities and weaknesses of the system from a trade union perspective, and giving policy recommendations. 9 In December 2013, the Confederation of Swedish Enterprise also published a report, emphasising the positive aspects of the labour immigration system. 10 7 Kommittédirektiv, Delegation för migrationsstudier, Dir. 2013 :102, Stockholm, 2013-11-21. 8 Information by the Police of internal identity checks on foreigners: http://polisen.se/aktuellt/nyheter/stockholm/jan-mars/ Hur-hanterar-vi-den-inre-utlanningskontrollen/ 9 Landsorganisationen i Sverige (2013): Fusk och utnyttjande om avregleringen av arbetskraftsinvandringen. 10 Svenskt Näringsliv (2013): Utmaningar kring regelverket för arbetskraftsinvandring från tredje land. 14
Also in December 2013, the Swedish National Contact Point of the EMN organised a national network seminar on labour immigration in order to present the Swedish contribution 11 to the EMN study on Attracting highly qualified and qualified third-country nationals 12 and to discuss the outcomes of the study with representatives of the Trade Union Confederation, the Confederation of Swedish enterprise and the Swedish Ministry of Justice. To address issues such as misuse of the system and exploitation of foreign workers, the government envisages the introduction of stricter control measures regarding work permits. A respective proposal was published in September 2013. 13 Reception of asylum seekers As the number of asylum seekers coming to Sweden continued to increase in 2013, this trend became, to a certain extent, the subject of public debate, both at national and local levels. Among other issues, the rising numbers put considerable pressure on the reception system for asylum-seekers. Throughout the year 2013, and especially from August 2013 onwards, the number of persons that were registered in the general reception system for asylum seekers increased rapidly. The Swedish Migration Board found it difficult to arrange housing, the distribution of asylum seekers across the Swedish territory became more unequal, and some municipalities complained that the Migration Board rented accommodation without involving local administrations. 14 As one measure to address the difficulties arising from the arrival of many new asylum seekers and other migrants, the government proposed in August 2013 to reward municipalities hosting more newlyarrived immigrants than others by providing increased funds. 15 The government also decided that the Swedish Migration Board should be able to refer unaccompanied minors (UAM) to a municipality even in cases where no agreement between a municipality and the Migration Board on accommodation and care for UAM exists. 16 Normally, the accommodation of UAM is based on voluntary agreements between individual municipalities and the Board. For several years, however, the number of places offered by municipalities was not sufficient to meet the increasing demand. Both government bills were enacted by Parliament and took effect on 1 January 2014. 11 Migrationsverket (2013): Attracting highly qualified and qualified third-country nationals to Sweden, Report from EMN Sweden 2013:1. 12 European Commission (2013): Attracting Highly Qualified and Qualified Third-Country Nationals, European Migration Network Study 2013. 13 Regeringskansliet, Justitiedepartementet (2013): Åtgärder mot missbruk av reglerna för arbetskraftsinvandring, Ds 2013:57. 14 For an overview of some challenges and problems observed, see Sveriges kommuner och landsting (2013): Ett hållbart asyl- och flyktingmottagande, PM 2013-04-18, Stockholm; «Hotar med rivningar för att slippa asylboende», SVT Nyheter, 6 October 2013. 15 Regeringskansliet/Arbetsmarknadsdepartementet (2013): Åtgärder för jämnare mottagande av flyktingar och rättvisare ersättning till kommunerna, Promemoria 2013-08-26, Stockholm. 16 Migrationsverket (2013): Direktanvisning till kommun för alla ensamkommande barn, pressmeddelande 2013-09-19. 15
4 Legal migration and mobility 4.1 Students and researchers Third-country national students The entry and stay of international students from third countries has been an important channel of legal migration to Sweden. Migration for study reasons is seen very positively, not least because international students contribute to the internationalisation of the Swedish higher education system and help to make Sweden known abroad. Between 2005 and 2010, study-related immigration increased strongly and steadily, from 6 837 residence permits granted for study reasons in 2005 until 14 188 in 2010. In 2011 and 2012, however, the number of third-country nationals who were granted a residence permit for study reasons was at a much lower level. In 2011, 6 836 permits were granted, and 7 092 were granted in 2012. In 2013, the arrival of international students increased, see Figure 3 below. The main explanatory factor behind this development is that Sweden introduced tuition fees for students from outside the EU and EEA area in 2011. In the same year, residence permit cards with biometric identifiers were introduced, 17 which may also have contributed to the decline in the number of third-country students to some extent. Figure 3: First-time residence permits granted for study reasons, 2006-2013 16 000 14 000 12 000 10 000 11 186 13 487 14 188 8 000 6 000 7 331 8 920 6 836 7 092 7 559 4 000 2 000 0 2006 2007 2008 2009 2010 2011 2012 2013 Source: Swedish Migration Board As Table 2 below shows, the most important nationality group among international students in Sweden were Chinese, both in 2013 and the year before. The second and third largest nationalities in 2013 were India and the USA. 17 Cf. Regeringens proposition 2010/11:123, Biometriska kännetecken i uppehållstillståndskort. 16
Table 2: First-time residence permits granted for study reasons, main nationality groups, 2012 and 2013 Nationality 2012 2013 China 1 602 1 679 India 355 574 USA 402 502 Turkey 455 395 Singapore 316 350 Canada 346 345 Australia 355 310 Iran 338 308 South Korea 284 268 Pakistan 221 260 Other 2 418 2 568 Total 7 092 7 559 Source: Swedish Migration Board The number of students from EU Member States increased strongly in 2012, but decreased in 2013. While approximately 3 500 EU nationals came to Sweden for study reasons in 2011, this number was almost 6 000 in 2012. In 2013, Sweden received 4 889 students from EU Member States. These students are not included in Table 2, since they do not need a residence permit to come to Sweden. Students from other EU countries do not need to pay tuition fees in Sweden. Researchers The number of third-country national researchers coming to Sweden under the EU Researchers Directive 18 has increased substantially throughout recent years, see Figure 4 below. In 2012, 1 219 researchers were granted a residence permit in Sweden. In 2013, this decreased to 1 129. In 2008, however, the number of residence permits granted for research purposes had only been about half as large (613). The main citizenships of researchers coming to Sweden in 2013 were China (272), India (155), Iran (114), the USA (112), and Japan (43). 18 Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research. 17
Figure 4: First-time residence permits granted to researchers, 2005-2013 1 400 1 200 1 000 933 1 219 1 129 800 883 870 600 613 400 200 341 377 396 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 Source: Swedish Migration Board 4.2 Economic migration The Swedish framework for labour immigration Since December 2008, when new rules on labour immigration came into force, Sweden has pursued a liberal and demand-driven approach to immigration of third country nationals for employment purposes. With the coming into force of the 2008 reform, the previous agency-based labour market test was phased out. The overall point of departure is now that it is the individual employer who best knows the recruitment needs of his or her business. The possibility to recruit foreign workers has been significantly facilitated. Provided that the working conditions are in line with Swedish collective agreements or established practice and that certain additional conditions are met, the employer can now recruit anyone, regardless of nationality or profession. The rules also provide opportunities for migrants to get a permanent residence status after four years of stay with a work permit in Sweden. Since the new rules have entered into force, the number of residence permits that were granted for employment purposes has gradually increased, from 14 259 residence permits in 2008 to 19 936 in 2012. In 2013, the number of permits granted for work reasons was almost the same as in 2012 (19 292). Migrants coming to Sweden as seasonal workers, for example in the berry-picking industry, represented the largest employment category in 2012 as it had done in 2012. The second most important group were computing professionals, followed by housekeeping and restaurant service workers, see Table 3 below for details. 18
Table 3: Work permits granted to workers from abroad, 2012 and 2013 (largest employment categories) Employment category 2012 2013 Agricultural, fishery and related labourers 5 708 5 915 Computing professionals 3 259 3 477 Housekeeping and restaurant services workers 861 830 Helpers in restaurants 570 470 Architects, engineers and related professionals 558 415 Helpers and cleaners 553 397 Forestry and related workers 160 303 Personal care and related workers 257 282 Physical and engineering science technicians 412 267 Machinery mechanics and fitters 168 202 Total 19 936 19 292 Source: Swedish Migration Board Reinforced control and verification measures to prevent exploitation In order to address misuses of the system by untrustworthy employers and to prevent workers from countries outside of the EU/EEA area from being exploited, the Swedish Migration Board has been applying stricter control measures for work permit applications within certain businesses since January 2012. The stricter control measures mean that companies in the cleaning, hotel and restaurant, service, construction, staffing, commerce, agriculture and forestry and automobile repair sectors as well as all new enterprises, amongst other must be able to prove that they are able to actually pay salaries during the foreseen employment period. Similar requirements were previously introduced for the berrypicking sector. As a result of the new control measures that were introduced in 2012, a reduction could be observed in the number of work permits granted within sectors which had been overrepresented with regard to attempts to circumvent the system. Since reports on cases of exploitation have continued, however, the government proposed in September 2013 to introduce stricter control measures regarding residence permits for work reasons. Among other things, it proposed to improve post-arrival checks on whether employers really adhere to commitments made at the time of offering a third-country national employment in Sweden. The most common nationality groups engaging in labour market-related migration to Sweden in 2013 were Thailand (6 167), India (3 031), and China (884). While these three countries have been the most relevant ones in the context of labour immigration to Sweden, Syria emerged as another important nationality group in 2013, with 657 residence permits for work reasons issued. Implementation of the EU Blue Card Directive On 1 August 2013, some amendments to the Swedish Aliens Act and three other Acts entered into force, implementing the EU Blue Card Directive 19 into Swedish law. 20 The amendments introduced a new residence and work permit for highly-skilled labour immigrants, called EU Blue Card, in Sweden. 19 Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment. 20 Regeringens proposition 2012/13:148, Genomförande av blåkortsdirektivet, Stockholm, 2013-04-11. 19
In order to be granted such a permit, a third-country national has to earn a salary which is at least one-and-a-half times as high as the average gross annual wage in Sweden. He or she also has to hold a higher education degree or possess five years of relevant professional experience. Applicants have the right to appeal any decision by the Swedish authorities not to grant, or to withdraw, an EU Blue Card. Blue Card holders have the right to be joined by family members. Moreover, third-country nationals who hold an EU Blue Card in Sweden may, under certain conditions, be credited any stays in other EU Member States (with a Blue Card issued there) in order to qualify as long-term residents in Sweden. In terms of numbers, the implementation of the EU Blue Card Directive has so far had a limited effect in Sweden. In 2013, only two Blue Cards were granted. This should be seen against the background that in many cases, it is easier for a third-country national to obtain a residence permit for work reasons in accordance with national law, than an EU Blue Card. It should also be noted that the Blue Card, for most applicants, does not offer many substantial advantages as compared to a national residence permit within the overall Swedish framework for labour immigration. 4.3 Family reunification In Sweden, as in many other EU member states, immigration on the basis of family ties accounts for a large share of the overall immigration flows. About 34 % of all residence permits granted by Sweden in 2013 were granted for family reasons. The provisions governing the right to immigrate to Sweden on family grounds have not undergone any major changes in recent years, apart from the fact that Sweden introduced a financial support requirement in the Aliens Act as a condition for family reunification in 2010. According to this requirement, the sponsor has to show sufficient income to support himself/herself and suitable accommodation for the family members who want to settle in Sweden. There are several exemptions from this requirement, however, for instance when a child is involved, or when the sponsor is a refugee or a person eligible for subsidiary protection. Exemptions also apply when the sponsor has spent at least four years in Sweden with a permanent residence permit, or where there are other special reasons. In Sweden, the general rule is that a residence permit by virtue of family ties should be applied for and granted before entry. However, certain derogations are enshrined in Swedish law, one of them targeting applicants who are considered to have strong ties with another person residing in Sweden and who cannot reasonably be required to travel to another country to submit the application there. In order to ensure the principle of the best interests of the child and preserve the unity of the family, the Aliens Act was amended in 2010. It is now explicitly stated that when deciding whether derogation from the general rule applies, the consequences for a child of being separated from his or her parent should be considered especially. One particular feature in Sweden is that unmarried partners enjoy the same rights as married couples as far as the granting of a residence permit for family reunification is concerned. An unmarried partner who has co-habited with the sponsor in the home country, and can prove this, has the same right to family reunification as a spouse. Persons arriving for the purpose of family reunification have the right to receive language tuition (Swedish for Immigrants), and municipalities are obliged to offer social orientation and may also extend other introduction activities to this group. It should also be noted that the Swedish regulations pertaining to third country national workers and international students are family-friendly. International students and labour migrants, for example, may enter the country with close relatives. In the case of labour immigration, there is no requirement for third-country nationals to financially support their family members. In 2013, the Swedish Migration Board and the Swedish missions abroad granted 18 784 first-time resi- 20 20
dence permits for family reunification. 21 This means a decrease of roughly 18 % compared to the year 2012, when 22 965 such permits were granted. Table 4 below shows all residence permits that were granted for family reasons in 2012 and 2013. In addition to the 18 784 permits that were granted for family reunification (shown in the left column), the table also displays the number of permits granted to dependents of incoming refugees or persons otherwise in need of protection, persons immigrating for employment reasons and third country national students. As compared to 2012, the number of persons that were granted residence permits as family members of refugees increased substantially, from 7 897 in 2012 to 10 673 in 2013. While the most prominent nationality groups among the persons immigrating for family reasons in 2012 were Somalia, Iraq, and Thailand, Syria was number two in 2013, and India number three. Somalia continued to be the main country of nationality of persons coming to Sweden for family reasons. 22 Table 4 also shows that immigration to Sweden for family reasons is rather different for different nationality groups. While most Somali family members came as dependents of refugees and persons otherwise in need of protection, most Syrian and Indian nationals came as family members of labour immigrants. Most Iraqi nationals joined relatives already living in Sweden for various reasons, for example persons that had been granted protection in earlier years. Table 4: Residence permits granted for family reasons, 2013, main citizenship groups Nationality Family reunification Family members of refugees Family members of labour immigrants Family members of international students Total (all immigration for family reasons) Somalia 472 6 910 0 0 7 382 Syria 265 718 1 848 6 2 837 India 150 1 1 881 62 2 094 Iraq 1 167 204 446 43 1 860 Afghanistan 384 1 181 53 3 1 621 China 616 6 731 124 1 477 Iran 578 109 414 185 1 286 USA 697 1 393 8 1 099 Turkey 625 10 371 10 1 016 Stateless 323 454 86 10 873 Other 13 507 1 079 3 402 493 18 481 Total 18 784 10 673 9 625 944 40 026 Source: Swedish Migration Board 4.4 Information provision to potential migrants Informing potential immigrants about legal ways to migrate to, and reside in Sweden is widely considered a priority. In June 2013, the Swedish Migration Board finalised the project New Way In (Ny väg 21 This figure does not include family members of refugees, other persons in need of protection, workers or students who come to Sweden. It does include adopted children. 22 Figures for Family reunification in the Table include both persons that have joined a family member living in Sweden in order to continue a relationship that had already existed in the country of origin or a third-country and persons who have established a new relationship with a person living in Sweden. 21
in), which was co-funded by the European Integration Fund. Within this project, a research study was conducted with the purpose of improving knowledge about the motives and driving forces of migrants. Special attention was directed towards finding ways of better informing potential migrants about the various possibilities of legal migration. The research study that was produced within the project indicated that migrants often receive information about migration opportunities not from government authorities but from their social networks. This opens up for misunderstandings, incorrect information and for the involvement of more or less trustworthy middle hands and agents, which can sometimes be problematic. 4.5 Validation of qualifications obtained abroad The process and importance of validating academic and professional qualifications obtained in other countries was also attributed much significance in 2013. In order to create a more coherent validation chain and help skilled immigrant job seekers to find employment, the Swedish government brought together the assessment of foreign credentials under a new agency, Universitets- och högskolerådet (University and Higher Education Council). It began its operations on 1 January 2013. The Swedish National Agency for Higher Vocational Education, which is the responsible authority for coordinating and supporting a national framework for validation of foreign professional qualifications, has developed a web portal (www.valideringsinfo.se), which is an important part in efforts to coordinate and support a national structure for validation. A tool for validation guidance is under development and will be integrated into the web portal, which is also targeted at individuals with a need for assessment of foreign qualifications. 4.6 Citizenship and naturalisation In April 2013, the Citizenship Enquiry, which was established in 2012 by the Swedish government, presented its report and recommendations. It concluded, among other issues, that municipalities should be obliged to organise citizenship ceremonies for new citizens, easier procedures for children born in Sweden to automatically acquire Swedish citizenship, and to reduce the length of residence in Sweden, which is a condition for obtaining citizenship, by one year for every citizenship applicant who has successfully achieved a certain level of knowledge of the Swedish language. These proposals are being considered by the Swedish government offices. As far as statistical trends pertaining to citizenship and naturalization is concerned, approximately 31 000 persons acquired Swedish citizenship through naturalization in 2013. In 2012, this figure was roughly 30 000. 4.7 Managing migration and mobility 4.7.1 Visa Policy and Schengen Governance In 2013, Swedish authorities have progressively developed and improved the national Visa Information System (VIS). The VIS allows Schengen States to exchange visa data. It consists of a central IT system and of a communication infrastructure that links this central system to national systems. VIS connects consulates in non-eu countries and all external border crossing points of Schengen States. It processes data and decisions relating to applications for short-stay visas for visiting or transiting purposes. The system can perform biometric matching, primarily of fingerprints, for identification and verification purposes. In 2013, Sweden started to replace old biometric stations at its consular missions abroad with biometric stations of a new generation. Swedish authorities have also developed and started to outsource the handling of visa applications and the capture of biometric identifiers. 22
Sweden also signed some new representation agreements with other Schengen countries. France now represents Sweden in the Central African Republic, Italy represents Sweden in Eritrea and Congo-Brazzaville, Norway in the Philippines, and Germany in Taiwan. Also since 2013, Sweden has been representing Norway, Denmark and Switzerland in Zambia and Spain in Gaza. As far as statistical trends regarding the issuing of visas for visiting purposes are concerned, Sweden issued 174 457 Schengen type C visas and 4 219 national type D visas. Type C visas allow the holder to a total stay of up to 90 days within a period of 6 months for purposes such as tourism or business. National visas are used, for example, when the reason for travelling to Sweden does not correspond to purposes outlines in the EU Visa Code, or when a foreign national wishes to stay in Sweden for more than 90 days. Generally, Sweden issues visas for visiting purposes and residence permits for immigration purposes. As compared to 2012, the number of C-visas issued decreased by 9 % in 2013, while the number of D- visas increased by 19 %. 4.7.2 Border Monitoring Sweden carries out checks on persons both at the EU external borders and in the form of checks of aliens throughout Swedish territory. Due to Sweden s geographical position, however, there are no external Schengen land borders, and most irregular migrants who arrive in Sweden have either travelled via another Member State, or by plane. In 2013, 180 persons travelling irregularly were refused entry into Sweden at the external borders. Compared to other EU Member States, this represents a small figure. It was, however, higher than in previous years. During the years 2008-2012, between 35 and 155 persons were refused entry each year. In 2013, camera surveillance was improved at Stockholm Arlanda airport, Sweden s biggest international airport. He aim was to achieve a larger area of surveillance in order to prevent and detect crimes associated with border control. By way of contrast, Sweden has not introduced electronic border gates ( e-gates ) at its airports yet, which is due to the fact that the passenger flow at Swedish border crossing points is not regarded as being high enough to justify the introduction of such a system. 4.7.3 Cooperation with regard to border control As far as co-operation with other Member States in the area of border control is concerned, Sweden has, in 2013, contributed to Joint Operations by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU (Frontex) in Spain (Operations Minerva and Focal Point Sea), Latvia (Focal Point Sea), Hungary (Focal Point Land), France (Focal Point Air), Greece (Attica, Poseidon Sea), Hungary and Croatia (Neptune) and Italy (Hermes). 23
5 International protection including asylum In 2013, Sweden took various measures to increase capacity in the national asylum system due to a high number of new asylum seekers. These measures regarded the examination of asylum applications, the reception of asylum seekers and the settlement and integration of persons who were granted protection in municipalities. 5.1 Applications for international protection and asylum procedures Throughout recent years, Sweden has been one of the principal destination countries for asylum seekers within the European Union. In 2013, a total of 54 259 applications were registered in Sweden. This represents the highest number since 1992, when 84 018 applications were received, mainly due to the war in former Yugoslavia. In 2012, Sweden received 43 887 applications. Figure 5: Asylum seekers, 2003-2013 60 000 54 259 50 000 40 000 36 207 31 819 43 887 30 000 20 000 23 161 24 322 24 353 24 194 29 648 10 000 17 530 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Source: Swedish Migration Board The big increase during 2013 was mainly due to the war in Syria and increased instability throughout the Middle East and North Africa. The deteriorating situation in Syria also resulted in an increase in the number of stateless asylum seekers. Syria was the single largest country of origin of asylum seekers during the year (16 317), followed by stateless asylum seekers (6 921). The third biggest group was from Eritrea (4 844), followed by applicants from Somalia and Afghanistan. Asylum seekers from these three groups combined constituted almost 70 per cent of all individuals receiving protection in Sweden in 2013. Table 5 and Figure 6 below display the main countries of origin of asylum seekers during 2012-2013. 24