Utanpapper

Questions about school
Questions about healthcare
More on living as an undocumented person
Rules for asylum seekers
Family and next of kin
More on leave to remain
Police and detention
Deportation
Other questions

Where do the questions you answer come from?
Answer: Most of the questions come from a helpline Save the Children ran for a couple of years. We edit the questions we publish a little so that nobody can identify the person who asked the question and so that the answer can help others with similar problems.

I who have responded to the questions am Sanna Vestin. I used to be the editor of this site. Unfortunately we cannot answer any more questions for the moment. To contact Save the Children, see ‘Links’ in the left-hand menu.

Questions about school

We were asylum seekers but our application was rejected. Can the police catch me if I go to school?
Answer: It may happen that you and your family are picked up by the police if your application has been rejected. But it depends on the rejection and it is not very likely that the police would pick you up at school of all places. Going to school is not a crime! Schools are allowed to continue to let children without leave to remain attend. Teachers are not allowed to tell on the children. It is much better to go to school rather than not having anything to do so I absolutely think you should continue to go if they let you.

You have written that it is possible to go to school even if one’s application for asylum has been rejected. I am in the seventh grade. Why does my head teacher say I have to quit?
Answer: It is hard to say. Maybe the head teacher thinks that it is wrong that you are allowed to keep attending or that it is dangerous for you. Maybe all the head teacher wants to say is that you have to leave the school if you go back to your country of origin. But it is absolutely not forbidden for the school to let you attend for as long as you remain in Sweden. Sweden has promised the UN that all children are to be entitled to an education. However, Swedish law does not say that every school must accept children without leave to remain. That is why the head teacher can say no. If you end up staying in Sweden for a while you have to ask again if you can keep attending, or ask to be admitted to a different school. These things usually work out.

I would like to become a lawyer and help people who have suffered injustice. How does one become a lawyer in Sweden?
Answer: First you need to achieve good grades from a High School offering courses in Swedish, history and social sciences. Then you choose the Law course at a university. The course is four-and-a-half years long. After that you need to train, for example by working at a court, before you can be called to the bar and admitted to the Bar Association.

I go to school in Stockholm. My class is going on a trip and I really want to go with them. Can I travel to Värmland even though I don’t have a passport?

Answer: Värmland is in Sweden. There is no need for a passport to travel inside Sweden so that is not likely to be a problem. That which may pose a problem if you don’t have leave to remain is that you are not insured (that is, there is no one who has promised to pay if an accident happened during the drip). Usually it is possible to go anyway, but speak to your teacher in advance so that he or she knows how important it is to you.

I am in ninth grade but don’t have leave to remain. Can I apply to upper secondary school anyway?

Answer: If you are an asylum seeker there should be no problem, as long as you have not turned 18. If your application has been rejected or you have not been an asylum seeker it may be more difficult but upper secondary schools may decide to accept foreign students. It says so in the Upper secondary school regulation. Because it is up to the school it is best that a parent (or your responsible adult or teacher) speaks directly to, for instance, the principal or the assistant principal at the school you want to apply to.

Questions about healthcare

We are in Sweden without leave and have had a child here. Can our daughter have vaccinations and healthcare?
Answer: If your daughter has been an asylum seeker she is entitled to full health care, including visits to the child health centre and vaccinations. If your daughter has never been an asylum seeker the health care system is not legally required to provide her with anything beyond necessary emergency care. You may also be required to pay considerably more than others. Nevertheless, you should definitely ask. It is important that all children are vaccinated and in many places the health care institutions receive all children without making any distinctions.

I moved to my aunt in Sweden when I was orphaned, but I don’t have leave to remain. Now I’m pregnant. Will I be allowed to give birth at a hospital?
Answer: I’m sure you will. Delivery is considered emergency treatment. In the worst case scenario you could be denied pre-natal care, i.e. the check-ups done during the pregnancy. But in most places even undocumented individuals can receive pre-natal care. You have to be aware that you may have to pay the full cost of both pre-natal care and the delivery itself, not just the normal patient fees. If you need more advice, contact one of the healthcare networks for undocumented individuals.

My mother is ill but now that we are no longer asylum seekers she has stopped seeing the doctor. What should I do to help her?

Answer: It is good that you want to help your mother, but you shouldn’t have to on your own. Those whose asylum applications have been rejected are not always given the same help as others when they are ill, but it should absolutely be possible to arrange. If you see a doctor or a nurse, for instance at school, whom you could ask for advice, do so. You can also advise your mother to check the site with links for healthcare for undocumented individuals here on Utanpapper.nu. There you will find phone numbers she can ring.

My head hurts when I read and my teacher says I need glasses. Can you get glasses if you don’t have leave to remain?

Answer: Anybody can buy glasses. The problem is that it can be expensive. If you are an asylum seeker, or if you or your family usually receive money from the Migration Board, your parents or your responsible adult can apply for extra money. A doctor or an optician needs to examine you to see which kind of glasses you need and then it is usually fine. If you are not an asylum seeker and have no money it will be more difficult. Then you may have to ask some voluntary organisation for advice.

More on living as an undocumented person

We live in Sweden but do not have leave to remain. Now we are expecting a child. Will the child become a Swedish citizen if it is born here?
Answer: No, that is not how it works. The child can be registered in the same way as other children so that there are documents showing that it exists and that you are the parents. But the child will not be considered Swedish. If you are undocumented the child will be too. You can apply for asylum on the child’s behalf. In that case you will be allowed to remain in Sweden legally while the application is pending. Most commonly the child will receive the same reply as you did if you have previously applied for asylum.

They are organising a disco at my school. It says that all Swedes and immigrants are welcome. Can I go to the disco despite not having leave to remain?
Answer: Maybe you should ask the organisers but probably there is no problem. The term “immigrant” is sometimes used exclusively for those with leave to remain while different terms, such as “asylum seekers” and “undocumented” are used for those without. But “immigrant” usually mean all those who come from a different country. If the organisers of the disco write “Swedes and immigrants” they probably mean that all are welcome, not to exclude anyone.

Our application has been rejected but we have not been expelled. We have a three-year-old who suffers from always being at home with us. Can the boy attend day-care?
Answer: You are probably right that it would be good for your boy. It is not forbidden to admit an undocumented child in day-care but it may be difficult to find a day-care centre with places available. It might be easier to access a drop-in pre-school or some other drop-in service for children. If you are still in contact with your case officer at the Migration Board, with social services or with some NGO, perhaps they could help you find a place.

My teacher said that I can’t swim and that it is dangerous for me to be by the water. Is it forbidden to go in the water if you don’t have leave to remain?
Answer: No. But it’s dangerous to go in the water if you can’t swim. Most people who live in Sweden have learned to swim and many children jump into deep water. It looks easy but it can be life-threatening if you can’t swim. If you can’t, stay in shallow water or ask an adult to teach you. There may be a swim school you could join.

Rules for asylum seekers

My family has to go to Greece. Everybody says it is because of Dublin. What is Dublin?
Answer: The Dublin regulation is an EU law which applies in most countries in Europe. According to this law you may not apply for asylum in the country of your choice. The country which has let the persons in[to the EU] should deal with the application for asylum. If you are to be sent to Greece it is probably because you travelled on Greek visas or that you were in Greece before coming to Sweden. (Dublin is a city in Ireland where the ministers sat when they agreed to this rule).

We have applied for asylum and our application has twice been rejected. Our lawyer says that it is not possible to appeal any further. Why can some appeal many times?
Answer: Most of those whose asylum applications are rejected appeal to the Migration Csourt. It is possible to appeal also to the Migration Court of Appeal but that court decides for itself which questions to deal with so most do not get a new reply. After that it is not possible to appeal any further. However, if something new happens which was not considered when the application was rejected, and which prevents your expulsion, that new thing can be assessed. Many try to argue this but most are given the answer that ‘no, that is nothing new, you will not be given a new assessment.’

My parents are going to an interview because we have applied for asylum. I do not want to talk about what happened in my country of origin. Do I have to attend the interview?
Answer: Your parents can declare that they do not want you to be interviewed. That may, however, not be such a good idea. It may be important for those who make the decision, or at least your lawyer, to know what happened to you in your country of origin. Have you thought about if there is something which would make it easier for you to attend? You may want to know in advance exactly what will happen. Or you may wish to speak to the lawyer in private first. Or you may want someone in particular to be there with you. You may only want to be interviewed by a woman (or a man). Talk to your parents or some other adult about what you would want; that way they have a chance to help you!

I am 16 years old and applied for asylum in Sweden alone. The case officer has written that I am 18 and that I have to manage on my own. Can I appeal in order to be allowed to stay with the youths?
Answer: It is not possible to appeal to a court to ‘reclaim’ one’s age. What you can do is to go back to your case officer and try to explain that there has been a mistake. You can request a medical examination but they are rarely allowed. It may help if you can get hold of papers from your country of origin attesting to your age, or if an adult who knows you could testify about you. If you have previously had a personal representative who believes you perhaps he or she would like to keep helping you.

Our application has been rejected but our son became ill while we were waiting. Could the removal decision be re-assessed because our son needs treatment?
Answer: There is no provision for a re-assessment of the asylum decision due to illness. On the other hand, the Migration Board can decide to postpone the removal for emergency treatment or medical evaluation. The Migration Board has occasionally been known to vacate the removal decision entirely but this is rare since it has to be a very serious illness for which the child could receive no treatment whatsoever in the country of origin but for which treatment is available here.

Family and next of kin

I am in Sweden and have applied for asylum with my dad. My younger siblings, however, are in a different country where they are in danger. Can my siblings join us in Sweden?
Answer: If you have ended up in different EU countries applying for asylum, the children should join you and apply for asylum in the same place. However, if your siblings’ applications have already been determined or if they are in another, non-EU, country they unfortunately have to wait. Your father first has to be granted leave to remain before the children can apply to join him.

I grew up in an orphanage in my country of origin but spent my summers with a family in Sweden. Can I stay with them if they adopt me?
Answer: When a court (tingsrätten) has approved an adoption the Migration Board is bound to grant leave to remain – if the child is under 18. Your summer parents can apply to adopt you if they want to care for you and raise you. If, however, the court thinks the main objective of the adoption is for you to live in Sweden it will be rejected. An alternative is for you, when you grow up, to continue visiting your summer parents on a visitors’ visa or to apply to be admitted to an educational programme in Sweden.

I’m seeing a guy who is an asylum seeker and we want to found a family. His application has just been rejected. Will my boyfriend get leave to remain if we are married?
Answer: Yes and no. If you are married you are entitled to live together and, therefore, you are entitled to leave to remain. Even if you are not yet married your boyfriend may be granted leave to remain following an inquiry by the Migration Board to verify that you really are a couple and that neither of you is under-age. However, applications for leave to remain on the basis of marriage should be made from abroad. The removal will therefore not be halted. Your boyfriend has to attend a Swedish embassy or consulate and reapply.

We have lived in Sweden for several years. Me and mum have been granted leave to remain but my sister who is 21 is still waiting. Could my big sister be removed although I have been allowed to stay?
Answer: Commonly, if the parents are granted leave to remain the children too can stay – and if the children are granted leave to remain, so will the parents. However, from the age of 18 you are considered and adult and have to have your own grounds for being granted leave to remain. For that reason it is possible that your sister will be removed. But it will not necessarily happen. If those who make the decision are of the opinion that she has the same grounds as your mother then she will also be granted leave to remain.

My little sister is visiting us in Sweden. She has a lot of problems and cannot return. Can she apply for asylum even though we did not mention it when she applied for her visa?

Answer: Your sister can apply for asylum in Sweden. She will be asked questions about why you did not mention everything and then she has to explain exactly how it is. It is not possible to apply for asylum from the country of origin and the Migration Board knows that. You need to bear in mind that if her application is rejected she may be prevented from visiting you again. But if she genuinely is in need of protection she can apply for asylum and then it is important that she does as soon as possible after her arrival in Sweden.

More on leave to remain

All our relatives have leave to remain in Sweden but our applications were rejected. We are from the same country, why were we not allowed to stay?
Answer: Simply coming from a certain country is almost never enough to be allowed to stay in Sweden. There has to be some specific reason. First, the Migration Board assesses the reasons and if it rejects them a court usually reassesses them. It may be that your family does not have the exact same reasons as your relatives – but it may also be that those who have decided your individual cases have come to different conclusions. Sometimes, during a period, many people from the same country are allowed to stay. After a while the Migration Board and the courts may form the opinion that it has become easier to go back to that country. From then on many more applications may be rejected despite the individuals thinking they have roughly the same reasons.

I have lived in Sweden for a year. Can I stay here if I am admitted to an educational programme?
Answer: In order to be allowed to study in Sweden you first have to apply and be admitted to the educational programme. You have to dispose of at least 36,500 SEK per six months to support yourself during your studies, or someone has to promise to support you. If you fulfil the requirements you may be granted leave to remain for the duration of your education. The leave will be renewed as and when you pass your courses. You may have to leave Sweden to apply for the new leave to remain from abroad. However, if, for whatever reason, you have already been given temporary leave to remain in Sweden you should be able to apply from Sweden. There are special rules for EU citizens. Read more on the Migration Board web page!

My family have applied for asylum but the lawyer says that it will most likely be rejected. Could we get to stay if my dad has a job?
Answer: If an application for asylum is rejected it is possible to apply for a work visa instead. This, however, requires a real, permanent job with a regular salary on which you pay tax. The application also has to be made immediately after the final decision on the asylum application: after two weeks it will be too late. You had better ask the Migration Board about the rules.

My little cousin was allowed to stay in Sweden because he was ill. We have also applied for asylum. If I become ill or die, will my parents be allowed to stay?
Answer: Do not think like that! No-one is allowed to stay in Sweden because someone has died. Sometimes someone with a serious disease which cannot be treated in the country of origin gets to stay. However, you cannot decide yourself to become seriously ill. Flourishing and doing well at school in Sweden constitute better grounds for staying! The Migration Board assesses first and foremost the situation in your country of origin – not you. Consequently, it does not depend on you whether you get to stay.

My family came to Sweden last year. We still live in a caravan but mum cleans in the evenings and I go to school. Can we be removed even though we’re from an EU country?
Answer: You cannot be removed if you’re mum is employed. The EU Member States have promised each other that people should be allowed to move freely between them. In order to be allowed to stay for longer than three months the adults have to work or look for work, unless they have other means of supporting themselves. However, if you have some kind of legitimate job an EU citizen cannot be removed simply for not having a full-time job, having little money or not having found a flat.

Police and detention

We have been given notice of expulsion and are travelling to the country of origin from Sweden. Do we have to travel with Swedish police?
Answer: That should not be necessary. In reality, when you have been notified the idea is that you should return by yourself. If you do not, you will be called to a meeting. At the meeting you can agree how to effect the return. However, if the Migration Board has already handed over your case to the police you need to let the police know that you intend to return. If, on the contrary, they believe that you intend to stay in Sweden in hiding rather than return, they may not let you travel by yourselves.

I arrived in Sweden as an au-pair. My time is up. Will the police take me if I stay?
Answer: It is unlikely that you will be arrested straight away. However, you are liable to be arrested at any point, for instance in conjunction with a routine traffic control. In addition you may have problems if you were to fall ill or be the victim of a crime. If you have come to Sweden legally and would like to stay, in the first instance you should attempt to get another job or apply to some educational programme entitling you to remain or to leave and come back legally.

A few of my classmates know that my family is undocumented and they say that I am illegal. Can you be sent to prison for not having leave to remain?

Answer: No. You are not a criminal. Not having leave to remain is not a crime in the same way as committing theft or assault; it only means that you have not been given permission to live in Sweden. If you are apprehended by the police you will not be sent to prison. You may, however, be forced to leave Sweden. There are also special places called “detention centres” where you can be locked in, for instance while the police organise the trip from Sweden. But that isn’t the same as being sent to prison.

I have lived in hiding at my girlfriend’s but now I intend to return to my country of origin. We will try to reunite later. The problem is that the police have my passport and if I collect it they will find out that I have been her illegally. Can the police make a note in the passport that I am not allowed to return to Sweden?

Answer: No, only the Migration Board or a court can impose an interdiction to return to Sweden. If you are the subject of an expulsion order it will say whether you are the subject of an interdiction to return. But the police cannot add it.

You have written that you will not be sent to prison for not having leave to remain but that you can end up in detention. I think that seems like the same thing. Can children be locked up in detention?

Answer: Detention centres are not like prisons you see in TV films. It is more like a youth hostel or a hospital with bedrooms, a canteen, a TV room and such like. However, the front doors are locked and naturally many find this disturbing, especially if you are afraid of returning to the country of origin. Children can be placed in detention but only if it is not possible to organise the expulsion in any other way. Children who have come to Sweden with their parents cannot be placed in detention without one of the parents. It is also forbidden to keep children in detention for longer than six days.

Deportation

I came to Sweden alone without my parents and applied for asylum. Now my application has been rejected. I am 16 years old. Can they send me back to the country of origin even though I am not an adult?
Answer: That may happen. The Department of Migration must provide information on how you are to be received. They will first look for the parents. If it is impossible to find a parent the Department of Migration should investigate whether children could receive help in some other way in your country of origin. They may, for instance, say that you have other family in the country of origin or that there are orphanages available. If the Department of Migration does not think that you can receive help in the country of origin it may be that you can stay in Sweden until you turn 18.

We have been notified of expulsion and wonder if we are allowed back to Sweden. For how long is the expulsion decision valid?
Answer: The Migration Board or the Migration tribunal’s decision on expulsion expires after four years. Time runs from the date at which the decision can no longer be appealed – that is a few weeks after the decision was notified. That does not mean that you will be granted leave to remain after four years, only that it will be possible to reapply. If you have applied all the way to the Supreme Migration Tribunal time runs from the date of the ruling of the Supreme Migration Tribunal.

I have been to Greece where I spent time in prison before coming to Sweden to apply for asylum. Can Sweden return me to Greece?

Answer: That depends on how old you are. If you came alone to Sweden before you turned 18 you should not be returned to Greece. (Children can be sent to another EU-country if they submitted an asylum application there, but at the moment not to Greece.) If you have turned 18 you will probably be returned. It is very rare for the Migration Board to make an exception. If the Greek police have noted that you are an adult, Swedish authorities will assume that that is the case. If, however, you were mistreated in Greece do tell those who interview you. It is important that all such information comes to light.

I am 16 years old and came with my father. We don’t have leave to remain and now he wants to return to our country of origin. What will happen to me if I stay in Sweden when my father returns?

Answer: If you have applied for leave to remain and been rejected that applies to you also. The Migration Board will say that you can go to your father. If you have been in Sweden without applying for leave to remain you are still in Sweden illegally. It isn’t easy to manage as an undocumented person and there are many who seek to exploit young people. There is a significant risk that you will fare badly if you stay behind alone. If for some reason it is completely impossible for you to go with your father you should speak to an adult about it and find out if there are any alternatives.