Sweden: Migration Court of Appeal rules that identity documents issued by the country of origin are not required for recognised refugees to obtain long-term resident status 

   

On 18 March 2026, the Migration Court of Appeal (Migrationsöverdomstolen) annulled the decisions of the Malmö Administrative Court and the Swedish Migration Agency which had rejected a refugee’s application for long-term resident status on the grounds that he had not proven his identity.

The applicant, already granted refugee status, a permanent residence permit, and a Swedish travel document, had applied for long-term resident status in June 2023. The Swedish Migration Agency and the Administrative Court in Malmö had both found that he had not submitted sufficient documentation to prove his identity. The applicant challenged this requirement, noting that, as a refugee, he could not return to his home country to obtain identity documents.

The Migration Court of Appeal held that Swedish law and the EU Long-Term Residents Directive 2003/109/EC do not impose a requirement of proven identity for refugees who already hold a permanent residence permit and a travel document. It clarified that Member States may grant long-term residence permits on more favourable terms than those provided for in the Directive. However, such permits do not confer a right of residence in other Member States. Therefore, the Court annulled the previous decisions and referred the case back to the Migration Agency for further consideration.

Unofficial translation by the EWLU team. From the ELENA - weekly legal update - 27 March 2026

Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.