Migration law
Our migration law expertise gives clients confidence and stability in challenging legal situations.
We help you if you want to stay in Sweden
Our immigration lawyers have extensive experience and a high level of expertise in asylum and residence permits. We will help you through the asylum process, from initial application to any appeals. Whether you are seeking protection from persecution, war or other difficulties in your home country, we are at your side to ensure that your rights are respected and that you receive the best possible legal representation.
We have particular expertise in helping individuals from the Middle East, the rest of Asia and Africa. We understand the unique challenges that can arise for people from these regions and offer tailored advice and support.
If you intend to apply for asylum, you are usually entitled to a public counsel paid for by the State. At the first contact with the authority, you can always request a lawyer from Rubinstein & Khoury. We work to give you the best possible support throughout the process.
In addition to asylum cases, we also work with issues related to residence permits, such as work permits, residence permits on the basis of family ties, permanent residence permits, Swedish citizenship and visas. Our broad expertise allows us to offer comprehensive support and advice regardless of the type of residence permit you need help with.
We also represent those who are at risk of deportation or who have received a deportation decision, both in contacts with the authorities and in court. With our in-depth knowledge of immigration law and our experience of handling complex cases, we work to give you the best opportunities to stay in Sweden. We understand that the migration process can be both stressful and overwhelming. That's why we make it a point to be accessible and communicative, so you can always feel confident that you have a knowledgeable and dedicated lawyer by your side.
Contact us today for a free consultation, and we will help you navigate through your specific migration law case. We are here for you, every step of the way.
We can assist in
- Work permit
- Asylum
- Swedish citizenship
- Residence permit
- Visum
Important to remember
If you are an employee who has been separated from your employment, it is important that you are aware that the limitation rules/time limits for taking legal action under the Employment Protection Act (1982:80) are very short.
So don't wait too long to contact us if you have been made redundant or dismissed.
Frequently asked questions in Migration Law
Find answers to frequently asked questions about employment law and our service. Browse through to get clarity on everything from employment conditions to dismissals and much more. If you can't find what you're looking for, feel free to contact us for personalized advice and support
How can I get a faster decision from the Swedish Migration Agency?
If you have waited more than six months for a decision, you have the right to request in writing that the Swedish Migration Agency decide your case as soon as possible. Once such a request has been received, the Migration Agency must either grant your request or reject it within four weeks. If your request is rejected, you can appeal the decision to the Administrative Court (Migration Court). If you need help with your appeal, you are welcome to contact us at Rubinstein & Khoury.
Can you apply for asylum outside Sweden?
No, it is not possible to apply for asylum outside Sweden. To apply for asylum you must
befinna dig antingen i Sverige eller vid gränsen till Sverige. Om du anländer via flygplatsen
it is important that you inform the authorities immediately at passport control that you wish to
apply for protection.
However, there is another possibility for some people to be granted a residence permit in Sweden
before they arrive. These people are called quota refugees and they are designated by the UN
A quota refugee is an individual who has fled their home country and has been identified by the UNHCR as being in need of resettlement.
Can a residence permit be revoked?
Yes, a residence permit can be revoked. The Swedish Migration Agency can revoke your residence permit if you are convicted of a crime and the court decides that you should be deported. Deportation on the grounds of a crime is decided by the court hearing the criminal case. When assessing whether a foreigner should be expelled, the court must take into account the foreigner's connection to Swedish society, and in particular the foreigner's living conditions, whether the foreigner has children in Sweden and how the child's contact with the foreigner would be affected by an expulsion decision, the foreigner's other family circumstances and how long the foreigner has lived in Sweden. In other cases
If the alien had been in Sweden with a permanent residence permit for at least four years when the charges were brought or if he or she had been resident in Sweden for at least five years at that time, an expulsion order may only be issued if it is particularly justified on grounds of public order and security.
Can you apply for a residence permit from within Sweden?
The main rule is that if you plan to settle with someone in Sweden, you should apply for a residence permit from your home country or from the country where you are currently authorised to live. It is important that the residence permit is granted before you enter Sweden. However, there are some exceptions to this rule. In some situations you can apply for a residence permit while you are already in Sweden, without having to leave the country. These exceptions may apply to you who already have another residence permit, parents or future parents of children born in Sweden, or if you want to change to another permit. Note, however, that for asylum you must always apply from within Sweden.
When can you apply for asylum?
To apply for asylum in Sweden, you must be in Sweden in person and submit
your application either directly to the Finnish Immigration Service or to the border police upon your arrival in
the country. It is also possible to contact the United Nations High Commissioner for Refugees (UNHCR) to find out about the possibilities to apply for asylum before coming to Sweden. You can find their contact details in the following link: unhcr.org
Please note that if you have previously received a refusal of entry or expulsion order, you can apply again after four years.
Can you work when you apply for asylum in Sweden?
When it comes to work permits for third-country nationals who want to work in Sweden, the main rule is that they need to apply for and be granted a work permit before entering the country. However, there are exceptions to this rule.
If you apply for asylum and have proven your identity, you will usually be allowed to work during the asylum process without needing a work permit. This is the main rule for people seeking asylum in Sweden.
When can you apply for Swedish citizenship?
If you want to apply for Swedish citizenship, there are a number of requirements that must be met. Firstly, you must be able to prove your identity. In addition, you must be over 18 years old and have a permanent residence permit in Sweden. For those who are stateless or refugees, you are required to have lived in Sweden for at least 4 years, while for other foreigners with a residence permit, you are required to have lived in the country for at least 5 years. Furthermore, you are expected to have had and continue to have an honest way of life.
It is worth noting that in certain situations, children of a parent who obtains Swedish citizenship may also be entitled to citizenship, provided they are unmarried and under 18 years of age.
For a child to become a Swedish citizen from birth, at least one of the parents must be a Swedish citizen. In addition, Swedish citizenship can be acquired through adoption
When can you submit an application for a disability certificate?
An obstacle to enforcement means that there is something preventing you from returning to your home country. If you have applied for asylum and received a deportation decision that cannot be appealed, you can, as a last resort, apply to the Swedish Migration Agency for a stay of execution. An impediment to enforcement means that there are obstacles to deporting you to your home country. In order to make such an application, new circumstances must have arisen that were not dealt with earlier during your asylum investigation. These may include, for example, an increased need for protection, if the receiving country (your home country) cannot accept you, medical obstacles, a change in your family situation or other specific reasons.
What is the difference between refugees, beneficiaries of subsidiary protection and other beneficiaries of protection?
There are three categories of persons in need of protection in the Aliens Act: refugees, persons in need of subsidiary protection and other persons in need of protection.
A refugee is an alien who is outside the country of his or her nationality because of a well-founded fear of being persecuted for reasons of race, nationality, religion, political opinion, sex, sexual orientation or membership of a particular social group and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country.
A subsidiary protection applicant is an alien who is not a refugee but who is outside the country of his or her nationality because there are reasonable grounds for believing that, if returned to his or her country of origin, he or she would be in danger of being subjected to the death penalty, corporal punishment, torture or other inhuman or degrading treatment or punishment, or who is at serious and personal risk of harm as a result of an armed conflict/war in his or her country of origin.
Other persons in need of protection means an alien who is not a refugee or a beneficiary of subsidiary protection but who is outside his or her country of nationality because he or she needs protection due to an internal or external armed conflict or other serious internal disturbances and has a well-founded fear of being subjected to serious harm, or cannot return to his or her country of nationality due to an environmental disaster.
What is the difference between a residence permit and a right of residence?
Right of residence means a right for EU/EEA citizens and their family members to stay in Sweden for more than three months without a residence permit. They can therefore enter Sweden and stay here without any permits, provided they have a passport or are exempt from the passport requirement.
If you want to stay in Sweden and you are not an EU/EEA citizen or a relative of such a citizen, you need a residence permit in Sweden. There are four main grounds for a residence permit: need for protection, connection, work, study or other means of support, and exceptional circumstances. Usually, you are required to be granted a residence permit before you travel to Sweden.
What happens if I get a travel ban?
A re-entry ban prohibits an alien from entering all Schengen States. If there are special reasons attributable to the alien's personal circumstances for not issuing a re-entry ban, such a ban shall not be issued. For example, the alien may have children or other close relatives in Sweden or in another Schengen state whom he or she cannot see if a re-entry ban is issued. It may therefore be wise to consult a lawyer to appeal a decision on a re-entry ban.
What should I consider when appealing a decision by the Swedish Migration Agency?
When you are considering appealing a decision from the Swedish Migration Agency or a court, there are several important factors to consider. First and foremost, it is important that you understand the meaning of the decision and clearly identify which decision you are appealing and how you wish it to be changed. It is also important to specify the evidence you wish to rely on and explain how each piece of evidence supports your case.
The appeal should be made in writing and submitted within 3 weeks of receiving the decision. It is wise to seek the advice of an experienced lawyer for guidance and help in formulating your appeal correctly. A lawyer can also help you assess which evidence and arguments are most relevant to your situation and increase your chances of success in the appeal process.
Am I always entitled to a public defender?
In certain cases, applicants for a residence permit in Sweden have the option of receiving legal assistance from a public counsel paid for by the authorities. A public counsel can be a lawyer, assistant lawyer or other person deemed suitable for the task.
In asylum cases where the applicant has expressed a need for protection and risks deportation or expulsion, the main rule is that a public counsel must be appointed. This also applies in detention cases.
However, not everyone who applies for a residence permit is automatically assigned a public counsel. The Finnish Immigration Service may choose not to appoint a public counsel if it is deemed that there is no need for a counsel. A public counsel is not usually appointed for applications for a residence permit on the basis of connection or work.
How do I get long-term resident status in Sweden?
In order to be granted long-term resident status in Sweden, a person must have lived in Sweden with a residence permit for at least five years and must also be able to support themselves and their family. A person with long-term resident status in Sweden who leaves Sweden to settle in another country has the right to return and settle here again without applying for a residence permit, unless they have lost their long-term resident status.
Legal assistance on migration law
At Rubinstein & Khoury, we are fully equipped to support you with concrete and relevant services in migration law. We are ready to ensure that your migration-related needs are handled in a professional and efficient manner.
We are dedicated to helping you navigate through the complex challenges of migration law and create a safe and secure environment for all parties involved. Fill in the form below and let us be your trusted partner when it comes to migration matters.