Today we will talk about the right of family members of EU citizens to free movement within the EU. This is called right of residence (uppehållsrätt) and is often confused with a “residence permit” (uppehållstillstånd). These are different things, and due to this confusion people either apply through the wrong procedure or, on the contrary, do not make use of a right they already have. Unfortunately, the Migration Agency often contributes to this confusion as well.

So what is it?

Uppehållsrätt is the right of an EU/EEA citizen to stay in Sweden for more than three months without applying for a residence permit. It is not a residence permit, but a right that arises automatically if the conditions set out in Chapter 3a of the Aliens Act and the Free Movement Directive 2004/38/EC are fulfilled.

Who has uppehållsrätt (for EU/EEA citizens)?

According to Chapter 3a, Section 3 of the Aliens Act, an EU citizen or certain family members have the right to stay in Sweden if the EU citizen:

– is employed in Sweden, or self-employed, or
– is looking for a job and has a genuine chance of finding one, or
– is studying and has sufficient financial means and comprehensive health insurance, or
– has sufficient financial means for themselves and their family and comprehensive health insurance.

For students and those who are not working, sufficient financial resources are required. There is no fixed amount. The basic principle is that the person should not become a burden on the social assistance system. The assessment is always individual and may include income, savings, pension, or family support.

EU citizens and their family members may exercise the right to free movement. Family members then have a derived right of residence (härledd uppehållsrätt), meaning that if the EU/EEA citizen has uppehållsrätt, family members who accompany or join them in Sweden may also have the right of residence.

Family members include:

– spouse or cohabiting partner,
– children under 21 (or older if dependent),
– parents (if dependent), and other family members (in such cases dependency, shared household, or serious medical grounds usually need to be demonstrated).

If the family member is not an EU/EEA citizen, they should normally apply for a residence card (uppehållskort), not a residence permit. The residence card confirms an already existing right — it does not create it.

Migration courts have emphasized that uppehållsrätt and residence permits are two independent and parallel legal regimes (see MIG 2016:9).

Please note: the Establishment Programme.

If you switch from temporary protection to uppehållsrätt as a family member of an EU/EEA citizen, you will usually no longer be eligible to participate in the Arbetsförmedlingen establishment programme. This may mean losing access to certain support measures, but other rights and opportunities will apply instead.

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The Empower HUB project is implemented by HUG together with partners and is co-financed by the European Union through the Asylum, Migration and Integration Fund (AMIF).