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IMPACT – MEDIUM
What is the change? A Swedish Migration Court of Appeal has ruled that cross-border commuters can be granted an extension to a work and residence permit even if they do not live in Sweden. Prior to this ruling, Swedish residency was a requirement.
What does the change mean? Commuters applying for certain work and residence permits will no longer be rejected simply for not residing in Sweden.
Background: Thousands of people commute between Denmark and Sweden every day, living in one country and working in the other. Swedish immigration law stipulates that a “stay” in Sweden is required for a work and residence permit, leaving it unclear whether cross-border commuting was permissible for non-EU nationals. Up until now, the Migration Agency had rejected work and residence permit extensions where the individuals concerned did not reside in Sweden.
Analysis & Comments: The new approach is welcome news that reflects the reality of modern work and could have a widespread impact given the thousands of people who commute between Denmark and Sweden.
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