Improvements and setbacks: The investigation into migration rules for doctoral students and students

English version below.

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

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

In this blog post, we go through the various proposals in general. 

The investigation's proposal

The investigator has had in 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 go through the two sections one at a time.  

Proposals to improve and facilitate foreign doctoral students and researchers

The investigation's proposal for doctoral students and researchers focuses on improving the possibility of obtaining a permanent residence permit. It is important both for Sweden's skills supply in general, and especially for the individual who can then stay here and build a life in Sweden. 

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

  • 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 must 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 should 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 those doctoral students who enter into a reception agreement with the research principal (e.g. the university). Today, doctoral students can only be granted a residence permit for studies, and it will still be possible to apply for this type of residence permit for those who do not have a reception agreement.  
  • SFS is actually against a livelihood requirement (which means that you have to have a good livelihood – 80 percent of the current median wage – to get a work permit). On the other hand, it is good that scholarship funding is proposed to be seen as livelihood, which it does not do today. 
  • It should also be easier to temporarily leave Sweden during the time the residence permit extension application is processed by the Swedish Migration Agency, by being able to apply for a so-called national visa. Today, you are not allowed to leave the country during the processing time, 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 career and personal life. 

The investigation therefore proposes several positive proposals, and we hope that the government will proceed with these. 

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

The investigation's proposal in this section aims to reduce the risk of residence permits for studies being misused.

It's basically good. Of course, students should not abuse the system by using their residence permit for studies as a way to come to Sweden to work instead. The vast majority of students, on the other hand, do the right thing for themselves. A review of The National Audit Office (which was published at the end of November, just a few weeks before this investigation) finds no support that there is widespread abuse of residence permits for studies. However, the committee's proposal will affect all students with residence permits for studies, despite the fact that the vast majority do not abuse their residence permits. 

Here it is important to point out 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 an exception is proposed. (The investigation also proposes that doctoral students should be able to apply for a residence permit for research, which we go into in the section above. These doctoral students are not covered by the proposals here, provided both proposals are implemented.) 

So what is being proposed? We go through some of the proposals here. 

  • In part, it is suggested that the opportunity to work alongside studies should be limited to a maximum of 15 hours per week. For those who work more than that, the residence permit must be revoked or not extended. Here, certain exceptions are also proposed for work that includes education, administration, practice, research or artistic research and that is either carried out at the institution of higher education or is connected to the education that the foreigner pursues. This is, among other things, so that doctoral students (who have a residence permit for studies) can have institutional service, which often comprises 20 percent of the doctoral employment. 
  • It is also proposed to tighten requirements on acceptable progress in the studies, i.e. 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 complete a quarter of the credits (15 credits) in their first year of study and around half in the second year (22,5 credits) and third year (30 credits). The investigation wants to change this to require that you have passed 62,5 percent in the first year of study (37,5 credits) and then 75 percent (45 credits). The same requirements apply to the study aid. How many points you get is the basis for examination of the extension of the residence permit. 
  • Another proposal is to limit the possibility of changing from a residence permit for studies to work after entering Sweden. Today, you need to have completed studies that correspond to 30 higher education credits or completed one semester of postgraduate education. It is changed here to two semesters of study. 
  • The investigation 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 the registration fee or study fee. 

All in all, the investigation presents several proposals which in various ways entail restrictions for persons with a residence permit for studies, and which SFS is therefore opposed to.

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 tasked with focusing 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.