Improvements and setbacks: The inquiry into migration rules for doctoral students and undergraduates

English version below.

Earlier in December, the investigation was presented Better migration law rules for researchers and students (Ds 2024:31). The report contains proposals that improve conditions for foreign doctoral students and researchers, but also proposals that aim to reduce the risk of residence permits for studies being abused. In short, we are positive about the former proposals that improve conditions for doctoral students, but critical of the latter because they entail restrictions for students. 

One of the reasons for the investigation is that changes were made to migration legislation in 2021, which made it more difficult for doctoral students and researchers to obtain permanent residence permits. It was a major deterioration, and it is something that SFS and SFS DK has been actively working on since then. 

In this blog post, we will go over the various proposals in detail. 

The investigation's proposal

The investigator has had mission to focus on two parts:

  • Improve and make it easier for doctoral students and researchers to work in Sweden. 
  • Review the regulations for residence permits for studies and reduce the risk of residence permits being abused.

The investigation itself is therefore also divided in this way. Here we will go through the two sections one at a time.  

Suggestions to improve and facilitate for foreign doctoral students and researchers

The report's proposals for doctoral students and researchers focus on improving the possibility of obtaining a permanent residence permit. This is important both for Sweden's skills supply in general, and especially for the individual who can then remain here and build a life in Sweden. 

We are generally positive about the proposals in this section. It is good that the inquiry has taken our and the higher education sector's problem description into account! 

  • One of the most important proposals is that doctoral students and researchers should be able to apply for a permanent residence permit after three years. Currently, you have to wait four years. It should also be possible to revoke a temporary residence permit in favor of a permanent one. Today, you have to wait until the temporary residence permit expires before you can be granted a permanent one. 
  • Another improvement is that doctoral students will be able to be granted a residence permit for research, which means, for example, better opportunities for mobility and better conditions for accompanying family members. This applies to doctoral students who enter into a reception agreement with the research principal (for example, the university). Today, doctoral students can only be granted a residence permit for studies, and it will continue to be possible to apply for this type of residence permit for those who do not have a reception agreement.  
  • SFS is actually against a means-tested requirement (which means that you must have a good means-tested income – 80 percent of the current median wage – to get a work permit). However, it is good that scholarship funding is proposed to be seen as means-tested income, which it is not currently. 
  • It will also be easier to temporarily leave Sweden while the application for an extension of residence permit is being processed by the Swedish Migration Board, by allowing you to apply for a so-called national visa. Today, you are not allowed to leave the country during the processing period, which means that doctoral students cannot, for example, participate in international conferences or go home to see their family, which has a negative effect on both their career and private life. 

The inquiry therefore proposes several positive proposals, and we hope that the government will move forward with these. 

Proposals to reduce the risk of residence permits for studies being misused 

The inquiry's proposals in this section aim to reduce the risk of residence permits for studies being misused.

This is fundamentally a good thing. Of course, students should not abuse the system by using their residence permit for studies as a way to come to Sweden and work instead. However, the vast majority of students do the right thing. A review of The National Audit Office (published at the end of November, just a few weeks before this investigation) finds no support for widespread abuse of residence permits for studies. However, the investigation's proposals will affect all students with residence permits for studies, even though the vast majority do not abuse their residence permits. 

It is important to point out here that the proposals apply to students with a residence permit for studies. This means that doctoral students with such a residence permit are also covered, except in cases where exceptions are proposed. (The investigation also proposes that doctoral students should be able to apply for a residence permit for research, which we discuss in the section above. These doctoral students are not covered by the proposals here, provided that both proposals are implemented.) 

So what is being proposed? Here we will go through some of the proposals. 

  • On the one hand, it is proposed that the possibility of working alongside studies should be limited to a maximum of 15 hours per week. For those who work more than that, the residence permit should be revoked or not extended. Here, certain exceptions are also proposed for work that includes education, administration, internships, research or artistic research and that is either carried out at the higher education institution or is related to the education that the foreigner is pursuing. This is, among other things, so that doctoral students (who have a residence permit for studies) can have departmental duties, which often comprises 20 percent of the doctoral student position. 
  • It is also proposed to tighten requirements for acceptable progress in studies, that is, how many higher education credits the student must take each academic year (unless there are special reasons). Today, a student with a residence permit for studies must pass a quarter of the credits (15 credits) during their first academic year and around half in the second year (22,5 credits) and the third year (30 credits). The inquiry wants to change this to 62,5 percent in the first academic year (37,5 credits) and 75 percent (45 credits) thereafter. This is the same requirement that applies to the study grant. The number of credits taken is the basis for considering an extension of the residence permit. 
  • Another proposal is to limit the possibility of changing from a residence permit for studies to a work permit after entering Sweden. Currently, one needs to have completed studies equivalent to 30 higher education credits or completed one semester of postgraduate education.. This changes to two semesters of study. 
  • The inquiry also proposes that accompanying family members of a person who has a residence permit for studies should no longer be exempt from the obligation to pay registration fees or tuition fees. 

Overall, the investigation presents several proposals that in various ways entail restrictions for people with residence permits for studies, and which SFS therefore opposes.

Improvements and Setbacks: The Inquiry on Migration Rules for Doctoral Students and Students

Earlier in December, the inquiry Better migration law rules for researchers and students (Ds 2024:31) (Better migration legislation for researchers and students) was presented. The inquiry includes proposals that aim to improve conditions for international doctoral students and researchers, as well as proposals intended to reduce the risk of study residence permits being misused. In short, we are positive about the proposals in the former category, which improve the situation for doctoral students, but we are critical of the latter as they impose restrictions on students.

One of the reasons for this inquiry is the changes made to migration legislation in 2021, which made it more difficult for doctoral students and researchers to obtain permanent residence permits. This was a major setback, and something that SFS and SFS-DK have been actively working on ever since.

In this blog post, we provide an overview of the different proposals.

The Inquiry's Proposals

The inquiry was spoon with focus on two areas:

  • Improving and facilitating conditions for doctoral students and researchers to work in Sweden. 
  • Reviewing the regulations for study residence permits to reduce the risk of misuse.

The inquiry itself is therefore divided into these two sections. Below, we discuss each section one at a time.

Proposals to Improve Conditions for International Doctoral Students and Researchers

The proposals for doctoral students and researchers focus on improving the ability to obtain permanent residence permits. This is crucial both for Sweden's long-term supply of highly-educated labor and, especially, for the individual who can then remain here and build a life in Sweden.

We are generally positive about the proposals in this section. It is encouraging that the inquiry has taken on board our and the higher education sector's description of the problems!

  • One of the most important proposals is that doctoral students and researchers should be able to apply for permanent residence permits after three years. Currently, one must wait for four years. It will also be possible to withdraw a temporary residence permit in favor of a permanent one. Today, one must wait until the temporary permit expires before being granted a permanent one.
  • Another improvement is that doctoral students will be able to obtain residence permits for research, which provides better opportunities for mobility and improved conditions for accompanying family members. This applies to doctoral students who enter into a hosting agreement with a research institution (such as a university). Currently, doctoral students can only be granted residence permits for studies, and this option will remain available for those who lack a hosting agreement.
  • While SFS is generally opposed to a maintenance requirement (which mandates a sufficient income – 80% of the current median salary – to obtain a work permit), it is positive that stipend-based funding will be recognized as income, which is not the case today.
  • It will also become easier to temporarily leave Sweden while an extension application for a residence permit is being processed by the Migration Agency. This will be achieved through the option of applying for a so-called national visa. Today, one cannot leave the country during the processing period, which prevents doctoral students from participating in international conferences or visiting their families, negatively affecting both their careers and personal lives.

In summary, the inquiry proposes several positive measures, and we hope that the government proceeds with them.

Proposals to Reduce the Risk of Misuse of Study Residence Permits

The proposals in this section aim to reduce the risk of misuse of study residence permits.

This is fundamentally a good intention. Of course, students should not misuse the system by using a study residence permit as a means to come to Sweden to work instead. However, the vast majority of students follow the rules. A review by the Swedish National Audit Office (published at the end of November, just weeks before this inquiry) found no evidence of widespread misuse of study residence permits. Nevertheless, the inquiry's proposals will affect all students with study residence permits, even though the overwhelming majority do not misuse them.

It is important to note that these proposals apply to students with study residence permits. This means that doctoral students with such permits are also affected, except in cases where exceptions are proposed. (The inquiry also proposes that doctoral students should be able to apply for residence permits for research, which we discussed in the section above. These doctoral students will not be affected by the proposals here, provided that both proposals are implemented.)

What exactly is being proposed? Here, we review some of the proposals:

  • Limiting the ability to work alongside studies to a maximum of 15 hours per week. For those who work more than this, the residence permit could be revoked or not extended. Certain exceptions are proposed for work related to education, administration, internships, research, or artistic research carried out at the higher education institution or connected to the student's education. This is partly to ensure that doctoral students (with study residence permits) can engage in institutional duties, which often account for 20% of a doctoral position.
  • Tightening the requirements for acceptable academic progress. This refers to the number of credits a student must complete each academic year (unless there are special circumstances). Currently, a student with a study residence permit must complete one-quarter of the credits (15 ECTS) during the first year, and around half in the second year (22.5 ECTS) and third year (30 ECTS). The inquiry proposes increasing this to 62.5 percent (37.5 ECTS) in the first year and 75 percent (45 ECTS) thereafter. This aligns with the requirements for student financial aid. The number of credits completed will form the basis for evaluating whether a residence permit can be extended.
  • Restricting the ability to switch from a study residence permit to a work permit after entering Sweden. Currently, students need to have completed studies equivalent to 30 ECTS or one semester of doctoral studies. This is now being changed to two semesters of study.
  • Requiring accompanying family members of a person with a study residence permit to pay the application and tuition fees.

In summary, the inquiry presents several proposals that in various ways impose restrictions on individuals with study residence permits, which SFS opposes.