Summary

This article explains how Sweden’s new family reunification rules, taking effect on 1 October 2026, affect family members of persons who hold long-term resident status in another EU country and are moving to or already living in Sweden.

It focuses on three key issues: why the new two-year waiting requirement does not apply where the family member is considered under the special VABO family-member rules, the new maintenance requirement that is to apply to this category, and how the maintenance requirement is also intended to apply when continued residence permits are examined.

There are three important issues to distinguish: the new two-year residence requirement, the new maintenance requirement, and the position of family members who are already living in Sweden and apply for a continued residence permit.

1. Does the New Two-Year Waiting Rule Apply?

No, not where the family member qualifies for and is considered under the special rules for persons with long-term resident status in another EU country.

The new two-year residence requirement is introduced through 5 kap. 3 i § Utlänningslagen and applies within the specified family reunification framework under Chapter 5 of the Aliens Act.

Importantly, the Government expressly states:

“Kravet ska inte gälla vid tillämpning av regler om anhöriginvandring utanför 5 kap. utlänningslagen.”

Prop. 2025/26:301, section 6, p. 76.

In English, this means that the requirement is not to apply when rules on family immigration outside Chapter 5 of the Aliens Act are applied.

The proposition also explains that certain categories of persons with residence permits are covered by parallel or special family migration frameworks and that an assessment should, in the first instance, be made under an applicable special provision. Persons who hold long-term resident status in another EU Member State are covered by a separate framework based on the EU Long-Term Residents Directive, commonly referred to in Sweden as the VABO framework (the special rules concerning persons with long-term resident status in another EU Member State and their qualifying family members).

For qualifying family members, the relevant special provisions include 4 kap. 16 a § Utlänningsförordningen. Therefore, where the family member qualifies for and is considered under the special VABO family-member provisions outside Chapter 5 of the Aliens Act, the new two-year residence requirement in 5 kap. 3 i § Utlänningslagen does not apply.

This distinction is important. The fact that a person has a temporary Swedish residence permit does not automatically mean that their family members are subject to the two-year waiting requirement. The legal provision governing the family member’s application must first be identified.

2. What About the Maintenance Requirement?

Before 1 October 2026

The new VABO maintenance requirement introduced by the 2026 reform has not yet entered into force.

This does not mean that the special VABO route is without conditions. The existing requirements concerning the long-term resident’s residence in Sweden and the family member’s eligibility under the applicable special provisions must still be fulfilled.

From 1 October 2026

This is where an important change is introduced.

Prop. 2025/26:301 contains a specific discussion concerning persons who hold long-term resident status in another EU Member State. Under the heading:

“Ett försörjningskrav införs för personer med ställning som varaktigt bosatt i en annan EU-stat”

The government states:

“Ett försörjningskrav bör gälla som villkor för anhöriginvandring enligt 4 kap. 16 a § utlänningsförordningen.”

Prop. 2025/26:301, section 7.4, p. 100.

This is direct support for the government’s position that a maintenance requirement is to be introduced for family reunification under the special VABO family-member route. The proposition explains that Article 16.4 of the VABO directive permits a second Member State to impose a resources requirement in connection with family reunification.

The government further explains that the requirement should be designed with reference to the requirement in 5 kap. 2 § Utlänningslagen for obtaining long-term resident status in Sweden. The maintenance assessment concerns whether there are sufficient resources to meet the family’s fundamental needs for subsistence and housing (uppehälle och bostad).

The important distinction is, therefore, the following:

The new two-year waiting requirement does not apply where the special VABO family-member provisions govern the application, but the reform introduces a maintenance requirement for this route. The detailed rules are implemented through the ordinance.

There is an important legal qualification.

The proposition establishes the government’s position that a maintenance requirement should apply under 4 kap. 16 a § Utlänningsförordningen, but the detailed operative provisions for this VABO category are to be implemented through amendments to the Utlänningsförordningen.

Accordingly, the precise application and calculation of the new requirement must be read together with the final implementing provisions. For that reason, a specific SEK threshold should not be stated until the final ordinance provisions and calculation method have been confirmed.

3. What If the Family Members Are Already Living in Sweden?

This is particularly important for families who already live in Sweden under the VABO framework. The new maintenance requirement is not intended to concern only first-time applications.

The proposition’s general discussion of continued residence permits states:

“Försörjningskravet bör därför som utgångspunkt gälla även vid en ansökan om fortsatt uppehållstillstånd.”

Prop. 2025/26:301, section 7.3, p. 94.

The proposition explains that, when a continued residence permit is considered, the assessment remains forward-looking. It also explains that the income of the applicant and other family members belonging to the household may be taken into account, subject to the applicable requirements concerning the nature and durability of the income.

More importantly for this article, the proposition specifically addresses the VABO category and provides that the maintenance requirement should also apply to continued residence permit applications under this framework.

Therefore, family members who are already living in Sweden under the special VABO route should be aware that the maintenance requirement is intended to apply when an application for a continued residence permit is examined.

4. What About an Extension Application Submitted Before 1 October 2026?

This issue requires a separate and more cautious assessment. The proposition provides specific transitional protection concerning the new two-year residence requirement. That protection should not automatically be treated as extending to the new VABO maintenance requirement.

For a VABO family member whose extension application was submitted before 1 October 2026 but remains pending when the new rules enter into force, the position should therefore be determined by reference to the final amendment to Utlänningsförordningen and any transitional provisions applicable to that amendment.

Accordingly, it would not be appropriate at this stage to state categorically either that

• submitting the application before 1 October 2026 automatically exempts the applicant from the new maintenance requirement; or
• every VABO extension application pending on 1 October 2026 will automatically become subject to the new requirement.

The applicable ordinance-level implementation and transitional provisions must first be considered.

5. Can an Exception Be Made to the Maintenance Requirement?

The proposition also provides for the possibility of exceptions in appropriate circumstances. The government’s VABO discussion indicates that an exception from the maintenance requirement should be possible where there are special reasons (särskilda skäl).

Accordingly, the maintenance requirement should not be understood as an absolute requirement without any possibility of exception. Whether an exception applies must be determined under the applicable provision and by the circumstances of the individual case.

In Short

For persons who have long-term resident status in another EU country and are moving to or already living in Sweden, the position for their qualifying family members can be summarised as follows:

• Two-year waiting requirement: No, where the family member qualifies for and is considered under the special VABO family-member provisions outside Chapter 5. The new Chapter 5 two-year residence requirement does not apply in that situation. Prop. 2025/26:301, section 6, p. 76.
• Before 1 October 2026: The new VABO maintenance requirement introduced by the 2026 reform has not yet entered into force.
• From 1 October 2026: Under the reform, a new maintenance requirement is to apply to family reunification under the special VABO framework. Prop. 2025/26:301 expressly links that requirement to 4 kap. 16 a § Utlänningsförordningen. Prop. 2025/26:301, section 7.4, p. 100.
• Family members already living in Sweden: The proposition provides that the maintenance requirement is also intended to apply when an application for a continued residence permit is examined.
• Extensions submitted before 1 October 2026 but still pending: The final amendment to Utlänningsförordningen and any applicable transitional provisions must be considered before determining whether the new VABO maintenance requirement applies to the pending application.
• Possible exemption: An exception may be possible where there are special reasons (särskilda skäl).

Key Takeaway

No new two-year waiting period for qualifying family members whose applications are governed by the special VABO family-member provisions, but the reform introduces a new maintenance requirement for this category from 1 October 2026. The maintenance requirement is also intended to apply at the continued-residence stage.

The proposition states that the legislative changes are intended to enter into force on 1 October 2026.

Legal references: 5 kap. 3 i § Utlänningslagen | 5 a kap. 2 § Utlänningslagen | 4 kap. 16 a § Utlänningsförordningen | Directive 2003/109/EC (VABO Directive) | Prop. 2025/26:301, sections 6, 7.3 and 7.4 | Official Prop. 2025/26:301, Sveriges Riksdag

Disclaimer: This article provides general legal information only. It is not legal advice. Every immigration case is different, and the outcome depends on the individual facts, evidence and the law applicable at the time the decision is made.