Overview of the draft law

"Improving the living conditions of foreigners with temporary protection"

General overview of the draft law

  • Proposal for a law on the registration of foreigners with temporary protection in certain cases.(Proposal for a law on population registration of foreigners with temporary protection in certain cases)
  • Proposal for a law to amend the National Registration Act (1991:481)
  • Proposal for the Law on Amendments to the Law on Aliens ( 2005:716)
  • Proposal of the Law on Amendments to the Social Insurance Code
  • Proposal for an Act on Amendments to the Act (1993:387) on Support and Services for Certain Persons with Disabilities
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Then a general description of the Directive on mass migration and implementation in Sweden, the conditions for population registration, the rules for residence permits after temporary protection, the right to assistance under the social insurance code, the consequences of the adoption of this bill for Swedish society and a constitutional commentary.

The main part of the description of the draft law

According to this, Ukrainians with a residence permit under temporary protection or after temporary protection cannot be registered in the population register for the first 18 months. In practice, this means that Ukrainian refugees will first have a residence permit in Sweden for 12 months, then they must prove that they will spend the next 6 months in the country (what evidence is required - it is not explained), and only after that, if they meet the requirements (first of all, were in the country throughout this time), those Ukrainians will be able to be registered in the population register.

Ukrainians "who have been granted a residence permit with temporary protection until November 1, 2023 must be entered in the population register, if it can be assumed that he or she regularly spends his or her night rest or equivalent rest (daily rest) in the country at least until March 4 2025 inclusive."

That is, if you received a residence permit with temporary protection after November 1, 2023, you still need to wait to fulfill the "18 months" condition.

Here it is precisely said that " a foreigner who has been granted a residence permit with temporary protection, or a residence permit after temporary protection, should not be registered in the population register." However, an amendment to the law proposed by the draft law (2024:000) allows “registration of the population of foreigners with temporary protection in certain cases.” "Certain cases" are not specified, but according to the content of the draft law, these are Ukrainian refugees who received a residence permit under temporary protection until November 1, 2023.

It describes here that the Temporary Protection Residence Permit cannot be valid for longer than the period defined by the Council of the European Union (ie three years ending on 4 March 2025). After that, the permit can be extended for a maximum of two years for a person participating in a return preparation program. This permit will be called a residence permit after temporary protection. What will happen after two years is an open question, to which neither the Swedish government nor the EU has given an answer. That is, the uncertain future for thousands of Ukrainians continues.

As written in the draft law , "Everyone who comes to Sweden and can be assumed to stay here for more than one year is considered as a resident of this country. This does not apply, however, to special reasons against it. A foreigner who has a residence permit for temporary protection or a residence permit after temporary protection, according to Ch. 21 § 2, 3, 4 or 6 of the Law on Foreigners (2005:716). is not considered a resident here."

According to the new draft law , Ukrainian refugees "who have been granted a residence permit under temporary protection and who are registered in the state register are covered by the circle of persons in the act (2017:584) on providing some newly arrived immigrants with compensation for establishment efforts (establishingsinsatser) and compensation for settling new arrivals (etableringsersättning) The Employment Service is responsible for the establishment program, which is a labor market policy program and aims to ensure that new arrivals who are 20 years old but under 66 years old and who have a temporary residence permit receive the necessary assistance.

In practice, this means that Ukrainian refugees aged 20 to 66 who are registered in the population register can receive financial assistance from the state (from the Employment Service) in the amount of SEK 308 per day, instead of the current financial assistance from the Migration Agency in the form of SEK 71 or 61 crowns per day. There is also "the possibility of receiving housing benefit for those who live alone and if you pay more than SEK 1,800 per month for your housing. You can receive a maximum of SEK 3,900 per month.” (Försäkringskassan)

There are no changes here. That is, people who needed additional help - people with disabilities, will no longer receive this help. Once again, foreigners who have a valid residence permit under temporary protection or a residence permit after temporary protection were restricted, without amending this law. I repeat - the problems remain the same.

"A foreigner who has a valid residence permit under temporary protection or a residence permit after temporary protection, in accordance with Chapter 21 Sections 2, 3, 4 or 6 of the Law on Foreigners (2005:716) is not entitled to assistance under this Law "

This is followed by an overview of the Temporary Protection Directive, which was first introduced in 2022, and what minimum conditions it offers for refugees. The past dates of the extension of the Directive are also indicated. Some problematic living conditions of Ukrainians with temporary protection, which should be improved, are minimally described.

In particular, these are daily payments of SEK 71 per day, lack of entitlement to assistance under the Social Services Act (bistånd enligt socialtjänstlagen (2001:453)), housing costs (bostadskostandras (1 § andra stycket LMA)), insufficient medical care (lagen (2008:344) om hälso- och sjukvård åt asylsøkde)

Chapter 4 explains why foreigners with temporary protection should have the opportunity to enter the population register earlier. :185, p. 121).” It is also reiterated that a foreigner who has a residence permit with temporary protection or a residence permit after temporary protection must first live in the country for at least 18 months to be able to register.

"After twelve months, a foreigner with temporary protection is entered in the national register if it can be assumed that he or she spends his or her 24-hour holiday in Sweden for at least another six months."

From the latter, it is not entirely clear what proof regarding "24-hour rest" should be presented. Employment contract? Teaching? Residence permit?

The conditions for registering children in the population register are also mentioned. Briefly: if the parents have permission to register in the population register, the children also have it.

"Children granted temporary protection after birth must be registered if the mother is registered. The same shall apply if the father of the child according to Part 1. Section 9 of the parental code is entered in the state register and he or she is the guardian.”

Ukrainians "who have been granted a residence permit with temporary protection until November 1, 2023 must be entered in the population register, if it can be assumed that he or she regularly spends his or her night rest or equivalent rest (daily rest) in the country at least until March 4 2025 inclusive."

That is, if you received a residence permit with temporary protection after November 1, 2023, you still need to wait to fulfill the "18 months" condition.

Chapter 5 sets out clearer rules for residence permits after temporary protection (for now, proposals)

In particular, the possibility to apply for a residence permit after temporary protection and receive it after entering Sweden. "A foreigner who has been granted a residence permit after temporary protection must also be issued a work permit for the duration of the residence permit."

Important clarification!

A work permit is not a work visa, although in Swedish it means the same word - arbetsstånd. Because of this, even with a permanent employment contract, Ukrainians will no longer be able to switch from a residence permit under/after temporary protection to a residence permit for work (a so-called work visa) while in Sweden.

"A foreigner who has a valid residence permit under temporary protection or a residence permit after temporary protection should not be considered a resident here in accordance with the Social Insurance Code."

What does this mean in practice? Child allowance (barnbidrag), assistance compensation (assistansersättning), support for the elderly (äldreförsjöningsstöd) and housing allowance (bostadsbidrag), parental allowance at the minimum and basic levels (föräldrapenning på åräänivä och grundnivä) (Chapter 5 § 9 SFB) Ukrainians, according to the new draft law, we can NOT receive any more.

In order to be able to receive benefits based on the place of residence, a person is required to be considered a resident of Sweden according to the rules of the Social Insurance Code, which this bill prohibits. Also, the government considers it "impractical to introduce special provisions that mean that foreigners who have been granted a residence permit with temporary protection become insured to receive benefits based on residence."

Section 7 describes eligibility for certain work-related benefits under the Social Security Code.

Although Ukrainians will still not be considered residents here according to the Social Insurance Code, working parents “are entitled to receive parental benefits at the basic level or the amount of sickness benefits and temporary parental benefits for parents of children who have received residence permit with provision of temporary protection."

Section 8 describes the right to intervention for special support and special services (LSS)

Ukrainian refugees with autism and similar diseases will no longer be able to receive assistance under the new draft law. "A foreigner who has a valid residence permit under temporary protection or a residence permit after temporary protection shall not be entitled to intervention under the Law on Support and Services for Certain Persons with Disabilities."

This includes assistance such as: personal assistance (personlig assistans), escort service (ledsagarservice) or contact person assistant (kontaktperson). ).

"A foreigner who needs support and effort, without obstacles and in accordance with the rule contained in § 1 second paragraph of the LMA, can receive assistance under the Social Services Act, which means the possibility of achieving better living conditions."

That is, the assistance that Ukrainian refugees could or could not receive under the conditions of a residence permit under temporary protection will or will not be able to receive under the conditions of a residence permit after temporary protection.

  • What is the difference between LSS (the Act on support and services for certain disabled persons) and SoL (the social services act)?

Most importantly, according to section 4 § 1 first paragraph of the SoL and § 1 LSS, everyone can receive assistance under the SoL. It can be old, sick or someone who needs help. However, only certain circles of people benefit from the right to LSS assistance. These groups of people include, among others, people with autism, autistic-like conditions (which include Asperger's syndrome), with developmental disabilities, acquired brain damage, and some other groups.

Next in the draft law is the section on entry into force and transitional provisions. Changes to the law will enter into force on November 1, 2024 (if adopted by the parliament).

According to the draft law , "a foreigner who has been granted a residence permit under temporary protection until November 1, 2023 must be entered in the population register if he or she can prove that he or she will regularly spend his or her 24-hour rest in this country at least until March 4, 2025 inclusive It is necessary to submit an application for registration in the population register to the Swedish Tax Administration within four weeks from the date of entry into force of the law."

The consequences of the adoption of this draft law are indicated in a separate section. In particular, “the bill means that the costs of state compensation of municipalities and regions for costs related to municipal reception, as well as for compensation programs and policies of the labor market and efforts, are increased.

The bill also results in a small increase in the temporary costs of parental and childcare benefits at the sickness benefit or basic level. At the same time, the costs of daily allowances and accommodation in housing provided by the Migration Service are reduced.

The state reimburses municipalities and regions for expenses related to the reception of asylum seekers and new arrivals. The proposals mean that municipalities and regions are no longer reimbursed for asylum-seekers but can instead apply for benefits that apply to new arrivals.

In total, costs to the state will increase by approximately SEK 80 million in 2024 and by approximately SEK 890 million in 2025. The increase in costs will be financed by international aid payments."

The last section contains constitutional comments to the draft law.

The content of the draft law was worked out.

Now let's summarize:

The bill proposes the following positive changes:

 

Changes to accommodation:

  • Ukrainian refugees, after three years of temporary protection, receive two years of post-temporary protection, which is part of the European return program, but the details of which are still unknown
  • instead of a one-year residence permit, which Ukrainian refugees renewed every year, a residence and work permit for two years will be granted
  • Ukrainians with a residence permit under a temporary permit or after a temporary permit, after 12 months of residence in Sweden and proof of residence for an additional six months, can be registered in the population register and receive a social insurance number

Changes in medical care:

  • Ukrainian refugees with a social security number will be able to receive medical care on a par with other residents of Sweden

Changes in social assistance:

  • Ukrainian refugees who work and are registered in the population register will be able to receive financial assistance for caring for a sick child (VAB)

Changes in everyday life for Ukrainian refugees with a social security number:

  • the possibility of using BankID and Swish
  • use of electronic services and applications
  • simplified process of opening a bank account
  • the opportunity to stand in line for communal housing, to sign a contract first hand

Changes in financial aid:

  • the social insurance number provided to Ukrainian refugees will allow refugees aged 20 to 66 to participate in labor service programs and receive 308 kroner per day, instead of 61 or 71 kroner per day

The draft law does not further solve the following problems:

 

The problem of financial support:

  • Ukrainian refugees after the age of 66, even with a social security number, will not be able to receive a pension from the state (äldreförsjöningsstöd), therefore, not falling under the labor service program, they will continue to receive daily payments from the state service - 61 or 71 kroner per day
  • Ukrainian refugees who are guardians of minors, even with a social security number, will not be able to receive child benefit (barnbidrag), so they will continue to receive only child establishment benefit while participating in the program from the employment service (etableringstillägg). For children aged 0-10, you get SEK 800 per month. For older children, you get SEK 1,500 per month. You can get support for a maximum of three children. This means that the institution surcharge can amount to a maximum of SEK 4,500 per month. That is, parents will receive 26 crowns per day for a child under 10 years old, and 50 crowns per day for a child under 20 years old
  • Ukrainian refugees with a social security number who are between the ages of 18 and 20 cannot participate in the program from the labor service, so they will continue to receive daily payments from the public service - 61 or 71 crowns per day

The problem of social assistance:

  • Ukrainian refugees with disabilities, autism and similar diseases, despite registration in the population register, will not receive assistance under the LSS

The following remains unclear after reading the law:

 

  1. Are Ukrainian refugees finally allowed to change their residence permit under temporary protection or, after temporary protection, change to a residence permit based on work, family reunification, marriage, or education? Currently, this feature is not available.
  2. The possibility of transition of Ukrainian refugees from a residence permit under temporary protection to a residence permit as an asylum seeker is also not mentioned. This is still not available, despite the fact that the Directive itself mentions the possibility to seek asylum in the country at any time during the stay under temporary protection.
  3. The draft law also does not say anything about the possibility of receiving financial assistance during higher education (CSN), being registered in the population register with a residence permit under temporary protection or after temporary protection.

The bill needs changes that could improve the situation of mothers with children, pensioners and refugees with disabilities.

Given that most Ukrainian refugees are single mothers with children, they will receive less assistance from the Swedish government than those who arrived without children.

A mother with three minor children will receive only 308 kroner for herself, according to the labor service program, and 37-50 kroner (according to the age of the child) for her children. While a married couple without children will have many times better financial security.

The same applies to pensioners who will not be able to participate in the program from the labor service after the age of 66.

Conclusion

The draft law on improving conditions:

  • Provides information on the future residence permit in Sweden, a residence permit after temporary protection that is valid for two years and is part of the European return program, the implementation of which is not currently described.
  • Describes opportunities that become available to Ukrainians after registration in the population register: social security number, use of BankID, Swish, simplified process of using banking services, increase in available medical services, opportunity for refugees from 20 to 66 years old to participate in labor exchange programs and receive payments in the amount of 308 kroner per day, gives working parents the opportunity to receive payment from the state for caring for sick children.
  • Does not improve the living conditions for Ukrainian refugees with special needs, autism, limiting their access to professional and appropriate help, leaves the same daily payments to pensioners, children and refugees from 18 to 20 years old who cannot participate in the program from the labor exchange and receive 308 kroner per day, and cannot receive any other financial assistance from the Swedish state, apart from daily payments from the Migration Agency. That is, the most sensitive strata of the population will continue to face daily economic problems.

 

That is, Ukrainian refugees will be able to be registered in the population register and have a social insurance number, but their rights will be further limited.

Sources

Improved living conditions for foreigners with temporary protection (draft legislative council referral)

https://www.regeringen.se/rattsliga-dokument/departementsserien-och-promemorior/2024/02/forbattrade-levnadsvillkor-for-utlanningar-med-tillfalligt-skydd-utkast-till-lagradsremiss/

Compensation for those who participate in the establishment program at the Employment Service

https://www.forsakringskassan.se/privatperson/arbetssokande/ersattning-for-dig-som-deltar-i-etableringsprogrammet-hos-arbetsformedlingen

The Government Office's legal databases

https://rkrattsbaser.gov.se/sfst?bet=2005:716

Act on the National Registration Act (1991:481)

Act on the Aliens Act (2005:716)

Act on the Social Insurance Code

Act on the Act (1993:387) on support and services for certain disabled persons

COUNCIL DIRECTIVE 2001/55/EC of 20 July 2001 on minimum standards for providing temporary protection in the event of massive influxes of displaced persons and on measures to promote a balance between Member States' efforts to receive these persons and bear the consequences thereof

https://eur-lex.europa.eu/legal-content/SV/TXT/PDF/?uri=CELEX:32001L0055

Overview of the draft law "Improving the living conditions of foreigners with temporary protection" (in Ukrainian)

Overview of the bill "Improved living conditions for foreigners with temporary protection" (in Swedish)

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