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On 13 August 2026, the Swedish Parliament (Riksdag) approved significant changes to Sweden’s rules on family reunification. The Riksdag approved the government’s legislative proposals in Proposition 2025/26:301, Skärpta villkor för anhöriginvandring, following consideration by the Social Insurance Committee in Betänkande 2025/26.

The reform changes several important aspects of Swedish family migration law. It introduces a new two-year residence requirement in certain family reunification cases, expands maintenance requirements, applies maintenance requirements in more extension cases, changes the rules affecting certain young adults who previously held residence permits as children, strengthens aspects of the evidential and suitability assessment, and temporarily expands the possibility for certain former child permit holders to apply for another residence permit from within Sweden. The principal legislative changes enter into force on 1 October 2026.

The new rules do not affect every family in the same way. Their application depends on the legal status of the person living in Sweden, the relevant family relationship, the statutory basis for the application and, in some situations, when Migrationsverket received the application.

1. A New Two-Year Residence Requirement

One of the most significant changes is the introduction of a two-year residence requirement in certain family reunification cases. The new Chapter 5 Section 3 of the Aliens Act (utlänningslagen) provides that where the sponsor has a temporary residence permit, residence based on family ties under the relevant provisions may generally be granted only if the sponsor has been living in Sweden with a residence permit for at least two years when the family member’s application is submitted.

The waiting requirement is specifically connected to family applications under Chapter 5, Sections 3 a, 3 f and 3 g, first paragraph 1. This is important because the rule is not a general two-year waiting period for every person who happens to hold a temporary Swedish residence permit. Family migration governed by provisions outside this Chapter 5 framework is not subject to the new waiting requirement merely because the sponsor’s own permit is temporary.

2. Important Exceptions to the Two-Year Requirement

The legislation contains several important exceptions. The two-year residence requirement does not apply in specified circumstances, including:

  • family reunification between an unaccompanied child and the child’s parent;
  • certain cases where the sponsor is a refugee and the relevant family relationship existed before the sponsor entered Sweden;
  • where the applicant is a child born in Sweden and the sponsor is the child’s parent who lives together with the child in Sweden;
  • where the applicant previously held a Swedish residence permit based on family ties to the same sponsor and is under 21 years of age; or
  • where the applicant previously held such a family-based permit, belongs to the same household as the sponsor and there is a particular relationship of dependency between them.

The legislation also permits an exception from the residence requirement where there are special reasons (särskilda skäl). Accordingly, even where an application falls within the provisions to which the waiting rule applies, an exception may still be relevant.

3. Who Can Be a Sponsor Under the New Chapter 5 Structure?

The reform restructures the Chapter 5 family reunification provisions. The legislation now distinguishes more clearly between family reunification with:

  • Swedish citizens;
  • citizens of another Nordic country;
  • persons with permanent right of residence;

and persons who are resident in Sweden with a residence permit.

Under the new Chapter 5 Section 3a, family reunification can, subject to the other statutory conditions, concern a sponsor who is resident in Sweden and has:

  • a permanent residence permit; or
  • a temporary residence permit valid for at least one year together with well-founded prospects of obtaining long-term residence.

The provision contains specific qualifications and exclusions, including separate treatment of certain persons in need of protection. The correct starting point is therefore always to establish the sponsor’s precise legal status and the statutory provision governing the family member’s application.

4. What About Work Permit Holders, Researchers and Students?

This is an important distinction. The government expressly states that the new two-year waiting requirement does not apply to family reunification governed by provisions outside Chapter 5 of the Aliens Act.

Family migration is connected with categories such as certain

  • labour migrants;
  • EU Blue Card holders;
  • ICT permit holders;
  • researchers; and
  • higher-education students

is regulated through separate provisions of the migration legislation.

A person should therefore not assume that a two-year waiting period applies merely because the sponsor holds a temporary work, research or study permit. However, these categories are affected by other parts of the reform, particularly changes relating to maintenance and, in certain circumstances, comprehensive health insurance.

5. Broader and Stricter Maintenance Requirements

The reform also makes significant changes to the maintenance requirement (försörjningskravet). The requirement will apply in more family reunification situations than previously. The government has also concluded that the financial level of the maintenance requirement should be increased. There is an important legal distinction here.

The precise financial level is not fixed directly in the statutory amendments adopted by the Riksdag. The government states in Proposition 2025/26:301 that the level should continue to be regulated at a lower normative level than statute and remain linked to the amount used in connection with the protected amount in wage enforcement (förbehållsbeloppet vid löneutmätning).

Accordingly, applicants should check the applicable regulatory amount when the new system begins to operate rather than relying on a figure stated in the Aliens Act itself.

6. Which Income Can Be Taken Into Account?

The proposition also sets out the government’s approach to the forms of income that should qualify when the maintenance requirement is assessed. The government states that temporary employment-related compensation paid during continuing employment should be treated in the same way as salary.

By contrast, the following should not be taken into account:

  • income from subsidised employment;
  • compensation from unemployment insurance;
  • activity support (aktivitetsstöd); and
  • other compensation resulting from unemployment.

This distinction may be significant for sponsors who currently rely on these forms of income. The legal assessment will therefore concern not only the amount of income but also its source and character.

7. Maintenance Requirements Will Apply to More Extension Applications

A major practical change is the extension of maintenance requirements to applications for continued residence permits. Until now, the maintenance requirement under the general family reunification framework has primarily been assessed when the original application is made.

Under the new framework, it will also apply when certain family members seek an extension. This means that financial circumstances may become relevant again when a temporary family-based residence permit approaches expiry.

Importantly, the assessment at the extension stage can consider not only the sponsor’s income but also, in relevant circumstances, the ability of other household members to support themselves. The assessment remains individual, and the applicable exemptions from the maintenance requirement must also be considered.

8. Exemptions from the Maintenance Requirement

The reform restricts certain exemptions from the maintenance requirement. The applicable rules vary according to the type of family relationship and the status of the sponsor.

The reform also addresses situations involving refugees and the possibility of family reunification in a third country with which the sponsor or applicant has a particular connection. In extension cases, the government emphasises that the assessment must remain individual. This is particularly important because refusal of an extension can ultimately require a family member who has already established family life in Sweden to leave the country. The right to family life, the circumstances of affected children and Sweden’s international obligations therefore remain relevant to the assessment.

9. New Rules for Young Adults Who Have Turned 18

The reform contains an important change for young people who previously obtained residence permits as children but subsequently turned 18. A person who previously held a residence permit based on family ties to the same sponsor may, subject to the statutory requirements, qualify under the new provisions where the person is under 21 years of age.

The legislation also addresses situations where the person remains part of the same household as the sponsor and there is a particular relationship of dependency between them. For the relevant extension-type situation, the dependency relationship does not have to have arisen in the country of origin.

This change addresses the legal difficulties that can arise when a person who originally qualified as a dependant child becomes legally adult. However, turning 18 does not automatically create a right to continued residence under the new provisions. The statutory requirements must still be satisfied in the individual case.

10. Temporary Possibility for Certain Applicants to Apply from Within Sweden

The Riksdag also adopted temporary provisions expanding the possibilities for certain people who previously held family-based residence permits as children to apply for another residence permit from within Sweden.

The temporary framework can also apply in specified circumstances to individuals who have an enforceable expulsion decision. The legislation provides a possibility for Migrationsverket, a Migration Court or the Migration Court of Appeal to order inhibition, meaning that enforcement of the expulsion decision can be suspended while the relevant matter is considered.

Importantly, making an application does not by itself automatically suspend enforcement. Whether inhibition should be granted must be determined in the individual case.

The temporary provisions enter into force on 1 October 2026 and cease to apply on 1 January 2028. Older provisions will continue to apply to appeals against decisions made under the temporary rules before they expire.

11. Changes Affecting Work, Research and Other Special Categories

Although the two-year Chapter 5 waiting requirement does not generally extend to family migration regulated outside Chapter 5, the reform makes other changes affecting several special categories.

For example, maintenance requirements at the extension stage are introduced or adjusted for family members connected to certain:

  • EU Blue Card holders;
  • ICT permit holders; and
  • persons holding national residence permits for work.

The reform also introduces a maintenance requirement for family members of researchers.

For researchers, the requirement is structured as a requirement that the family member have sufficient means for their maintenance during the permit period. Those means may come from the sponsor and do not necessarily have to be the family member’s own income. Separate changes also concern family members of persons with long-term resident status in another EU Member State.

12. Health Insurance Requirements in Certain Cases

The reform also introduces or adjusts requirements concerning comprehensive health insurance for certain family members connected with work, research and study-related residence. Under the relevant provisions, comprehensive health insurance is required in specified circumstances where the intended stay will be no longer than one year. The exact requirement depends on the immigration category involved.

This is another reason why family migration involving workers, researchers and students should be assessed under the specific statutory provisions governing those categories rather than automatically under the general Chapter 5 rules.

13. Violence and Serious Violations of Personal Integrity

The reform also strengthens the assessment of risks affecting the sponsor or another family member. In the cases covered by the relevant provision, particular consideration must be given to whether there is reason to believe that the applicant would commit violence or another serious violation of the freedom or personal integrity of the sponsor or another family member if a residence permit were granted. This forms part of the wider suitability and conduct assessment in family migration cases.

14. Stricter Evidential Requirements and DNA Analysis

The reform also changes the rules concerning proof of biological family relationships. Under the amended Chapter 13 provisions, Migrationsverket must provide the applicant and sponsor with an opportunity to undergo DNA analysis in specified family reunification cases where:

  • the applicant has not been able to establish the claimed biological relationship through other evidence; and
  • it is not obvious that the claimed biological relationship does not exist.

DNA analysis does not need to be offered where the application must be refused for reasons unrelated to insufficient evidence of the family relationship.

DNA testing requires informed written consent. Under the statutory provision, the State bears the costs of sampling, transportation of samples and analysis. The government expects the higher evidential threshold to result in DNA analysis being used in more cases.

15. Does Everyone Now Have to Wait Two Years?

No. This is the most important point to understand about the new waiting requirement.

The legislation does not say that everyone holding a temporary residence permit must wait two years before their family can join them in Sweden. The new rule is contained in Chapter 5 Section 3 i of the Aliens Act. It applies where the sponsor has a temporary residence permit and the family member seeks residence under the relevant provisions of:

  • Chapter 5 Section 3 a, concerning specified family reunification with persons holding residence permits in Sweden;
  • Chapter 5 Section 3 f, concerning certain intended marriages or cohabiting relationships; or
  • Chapter 5 Section 3 g first paragraph 1, concerning certain other close relatives who belonged to the same household and have a particular dependency relationship.

Where Section 3 i applies, the general rule is that the sponsor must have lived in Sweden with a residence permit for at least two years when the family member submits the application. But even within this statutory framework, important exceptions exist.

These include specified situations involving:

  • unaccompanied children and their parents;
  • refugees where the relevant family relationship existed before entry into Sweden;
  • certain children born in Sweden;
  • certain applicants under 21 who previously held family-based residence permits;
  • specified dependency relationships; and
  • cases where special reasons justify an exception.

Furthermore, the Government expressly states that the waiting requirement does not apply to family reunification regulated outside Chapter 5. This distinction is important for labour migration, research, EU Blue Card, ICT and other special migration categories.

Therefore, the following statement is legally incorrect:

“From 1 October 2026, everyone with a temporary residence permit must wait two years before bringing their family to Sweden.”

The correct legal analysis requires several questions:

  1. What type of residence permit does the sponsor hold?
  2. Which statutory provision governs the family member’s application?
  3. Does Chapter 5 Section 3 i apply to that application?
  4. Does one of the statutory exceptions apply?
  5. When did Migrationsverket receive the application?

Only after answering those questions can the two-year waiting requirement be assessed correctly.

16. Applications Submitted Before 1 October 2026

The transitional provisions are particularly important. The legislation expressly provides that the new residence-time requirement in Chapter 5 Section 3 i does not apply where the residence permit application was received by Migrationsverket before the legislation enters into force on 1 October 2026.

Therefore: if Migrationsverket receives the relevant application before 1 October 2026, the new two-year waiting requirement does not apply to that case.

The legislation provides a second specific protection.

The waiting requirement also does not apply to an application to extend a temporary residence permit based on family ties that was granted under the previous rules.

There is also a transitional provision concerning withdrawal of family-based residence permits granted before the new legislation takes effect. However, there is no general transitional rule stating that every pending application will be assessed entirely under the old legislation.

The government considered requests for broader transitional protection but chose specific transitional rules instead. Consequently, an application submitted before 1 October is expressly protected from the new two-year waiting requirement, but that does not necessarily mean that every other new provision is excluded from a case pending when the legislation enters into force.

17. What Should Families Do Before 1 October 2026?

Anyone considering family reunification should identify the precise legal basis of the case before deciding how the reform affects them.

The principal questions include the following:

  1. What is the sponsor’s exact residence status?
  2. Under which provision of the Aliens Act was the sponsor’s permit granted?
  3. Under which provision will the family member apply?
  4. Does Chapter 5 Section 3 i apply?
  5. Has the sponsor already completed the required two-year period?
  6. Does one of the statutory exceptions apply?
  7. Does the maintenance requirement apply?
  8. Which income can be taken into account?
  9. Is the application a first application or an extension?
  10. Is the applicant a young adult who previously held a family-based residence permit as a child?
  11. Do the temporary rules allowing an application from within Sweden apply?
  12. Is comprehensive health insurance required?
  13. Will Migrationsverket receive the application before or after 1 October 2026?

For families who would otherwise fall within the new two-year waiting requirement, the last question can be particularly important because the transitional provision expressly protects applications received before the legislation enters into force.

Conclusion

The Riksdag’s decision of 13 August 2026 represents a substantial reform of Swedish family migration law. From 1 October 2026, a new two-year residence requirement will apply to specified family reunification applications involving sponsors with temporary residence permits. Maintenance requirements will apply more broadly, including in more extension cases.

The reform also introduces important provisions affecting young adults who previously held permits as children, temporary possibilities for certain applicants to apply from within Sweden, and changes concerning special migration categories, health insurance, conduct assessments and DNA evidence.

However, the reform does not create a universal two-year waiting period for everyone holding a temporary residence permit. The scope of the waiting requirement is defined by the specific provisions of Chapter 5 of the Aliens Act. It contains express exceptions and does not generally extend to family migration regulated outside Chapter 5.

The transitional rules are equally important. The new two-year requirement does not apply where Migrationsverket receives the relevant application before 1 October 2026, nor does it apply to specified extensions of family-based temporary permits granted under the previous rules.

The practical effect of the reform will therefore depend heavily on the legal basis of each individual case.

The central question is not simply: “Do I have to wait two years before my family can join me?”

The correct question is: “Does the new Chapter 5 Section 3 i waiting requirement apply to my particular family reunification case?”

Legal Sources

  • Swedish Parliament (Riksdag) Betänkande 2025/26, Skärpta villkor för anhöriginvandring. Decision adopted 13 August 2026.
  • Government Proposition 2025/26:301 Skärpta villkor för anhöriginvandring.
  • Swedish Aliens Act (2005:716) Including the amendments to Chapter 5 and related provisions adopted by the Riksdag on 13 August 2026 and entering into force principally on 1 October 2026.

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.

Rashid Mehmood