Applying for a residence permit based on attachment to a parent when the child is over 18 is a more complex process than for minors. When a child reaches the age of 18, they are considered adults according to the Immigration Act, which means that family connection to a parent does not automatically give the right to a residence permit.

What does connection mean when the child is over 18?

When the child is of legal age, different rules apply for residence permits than for minors. Attachment to a parent in Sweden must meet strict requirements, as adults are expected to be able to live an independent life. This means that:

1. The right to family reunification decreases: As a rule, an adult is not seen as dependent on his parents.
2. Special reasons required: There must be strong and specific circumstances which mean that a residence permit can still be granted.

Requirements for a residence permit

In order for an adult to receive a residence permit due to connection to a parent in Sweden, it is required that:

1. A special dependency relationship exists
   The person applying for a residence permit must show that he has a close and special dependent relationship with his parent. It can be about:
   • That the child is dependent on the parent’s daily care and support.
   • That there are medical or psychological circumstances which mean that the child cannot cope without their parent.
2. The supply requirement is met
   The parent in Sweden must meet a support requirement. This means that the parent must be able to support both himself and the child and have a home that meets the Swedish Migration Agency’s requirements.
3. Permanent residence permit or citizenship
   The parent in Sweden must have a permanent residence permit, Swedish citizenship or the right to stay in Sweden on other grounds.

When can special reasons be invoked?

It is rare that a residence permit is granted for adult children, but it can happen in situations where there are special reasons:

• Medical reasons
  If the child suffers from a serious illness or disability and is completely dependent on their parent’s support and care. Medical certificates must then prove this dependency.
• Psychological or emotional reasons
  In some cases, psychological or emotional factors can be taken into account, especially if the child has experienced trauma or if separation from the parent would worsen an already vulnerable situation.
• Cultural and social reasons
  In some cultures, it is common for adult children to live at home and depend on their parents. This can be taken into account, but it is required that the dependency relationship is considered stronger than normal.

Children who have turned 21

For a long time, the Swedish Migration Agency has had exceptions for children who have just turned 18. But after an adult child reaches the age of 21, the circumstances become more difficult and the rejection rate increases sharply.

Summary:

Although residence permits based on affiliation are primarily aimed at children under the age of 18, exceptions can be made depending on the relationship to the parent. When the child turns 21, however, it becomes more challenging, as the Swedish Migration Agency usually considers that adults are expected to be able to support themselves. Depending on the circumstances, it may still be possible to argue for a continued residence permit.

It can be stated with certainty that each application has its own merits (each case is unique), which means that the possibility of succeeding with an application for a residence permit for an adult child has entirely to do with the information and documentation available to the Swedish Migration Agency. For example, it could be: rental agreement, proof of cohabitation abroad, proof of cohabitation in Sweden, certificate from school or educational institute, personal letter, medical certificate, etc. It can be recommended that a consultation with a lawyer takes place before an application in order to more closely review the documentation you intend to send to the Swedish Migration Agency.

Processing times vary greatly and you should not worry if the Swedish Migration Agency takes longer than expected to make a decision on the matter. It is recommended to regularly contact the Swedish Migration Agency to ask about status. Once the decision has been made, a copy of the decision is usually sent by post to the applicant who is either granted a residence permit or denied a residence permit. In the event that the Migration Agency rejects the application, the decision can be appealed to the Migration Court.

Do you need help with an application or do you just have questions about a residence permit?

Välkommen att kontakta Askari Juristbyrå Askari juristbyrå Stockholm – Qualitative legal advice

info@askarijuristbyra.se  08-58625862

You can find more information about residence permits due to affiliation here:  Residence permit for parent or other family member – Migration Agency