Divorce can significantly impact your legal status in Sweden if your residence permit is based on your relationship with a Swedish citizen or someone legally residing in Sweden. Understanding how the Swedish Migration Agency handles such cases is crucial to maintaining your right to stay in the country.
Effect of Divorce on Residence Permit
If you were granted a residence permit based on your relationship—such as marriage, registered partnership, or cohabitation—with someone in Sweden, that permit may become invalid upon the dissolution of the relationship. This includes divorce, legal separation, or breaking off a cohabiting relationship. However, the effect of the divorce depends on the length of time you’ve already lived in Sweden and your current personal circumstances.
If the Relationship Lasted Less Than Two Years
If your relationship ended before you had lived together in Sweden for at least two years, your residence permit will generally not be extended unless there are exceptional circumstances. These may include:
-
You have custody of children in Sweden.
-
You are at risk of being subjected to abuse or violence if you return to your home country.
-
You have strong ties to Sweden through employment, education, or social networks.
The Swedish Migration Agency will examine each case individually and take into account humanitarian considerations, such as your integration into Swedish society.
If the Relationship Lasted Two Years or More
If your relationship lasted two years or longer while you were living in Sweden, you may apply to extend your residence permit independently. In these cases, the Migration Agency may allow you to remain in Sweden based on your personal ties, your ability to support yourself, or your integration into society. You may also be eligible to apply for a residence permit based on work or studies if you meet the criteria.
Children and Custody
If you have children with your former partner who are residing in Sweden, this could strengthen your case to remain in the country. Shared custody or primary responsibility for the child may provide grounds for continuing your residence permit. The Swedish Migration Agency prioritizes the well-being of the child and aims to ensure family stability.
What You Should Do After a Divorce
It is crucial to inform the Swedish Migration Agency as soon as your relationship ends. You will be required to submit updated information and supporting documents related to your current situation. Failure to report changes in your circumstances may lead to the revocation of your residence permit.
If you believe you have strong reasons to remain in Sweden after the end of your relationship, you can submit a new application for a residence permit based on those grounds. Legal advice or assistance from a migration lawyer may also help you strengthen your case.
Final Thoughts
A divorce or separation does not automatically mean you must leave Sweden, but your right to stay will depend on several factors, including how long you’ve lived in Sweden, whether you have children, and your ties to the country. It’s essential to be proactive, honest, and thorough in your communication with the Migration Agency to protect your residency status. For case-specific guidance, visit the Swedish Migration Agency’s website or consult a qualified legal advisor.