Swedish Citizenship Act

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Acquisition of Swedish citizenship by birth

Section 1

A child acquires Swedish citizenship by birth if

1. the mother is a Swedish citizen,

2. the father is a Swedish citizen and the child is born in Sweden,

3. the father is a Swedish citizen and is married to the child's mother,

4. the father is deceased but at the time of his death was a Swedish citizen

and the child is born in Sweden, or

5. the father is deceased but at the time of his death was a Swedish citizen

and married to the child's mother.

Section 2

Any foundling discovered in Sweden shall be considered to be a Swedish

citizen until any indication to the contrary is discovered.

Acquisition of Swedish citizenship by adoption

Section 3

A child under twelve years of age who is adopted by a Swedish citizen

becomes a Swedish citizen on adoption if

1. the child is adopted in Sweden, Denmark, Finland, Iceland or Norway, or

2. the child is adopted by virtue of a foreign adoption decision which has been

approved or is otherwise valid in Sweden under the Act on International Legal

Procedures relating to Adoption (1971:796) or which is valid under the Act

concerning Sweden's Accession to the Hague Convention on Protection of

Children and Cooperation in Respect of Intercountry Adoption (1997:191).

Acquisition of Swedish citizenship by the marriage of the parents

Section 4

When a Swedish man marries a woman who is an alien, any child of theirs

that was born before their marriage and has not acquired Swedish citizenship

under Section 1 becomes a Swedish citizen if the child is unmarried and

under eighteen years of age.

Acquisition of Swedish citizenship by notification

Section 5

A child that was born abroad and has not acquired Swedish citizenship under

Sections 1 or 4, but whose father has held Swedish citizenship since the birth

of the child, acquires Swedish citizenship on notification by the father of the

desire to that effect before the child reaches the age of eighteen.

If the child has reached the age of twelve and holds foreign citizenship,

the child is required to give its consent in order to acquire Swedish

citizenship. Consent is not required, however, if the child is prevented from

1 SFS 2001:82.

giving his or her consent due to a long-term impediment such as a mental

disorder or similar.

The child's guardian or guardians must consent to the acquisition of

Swedish citizenship.

Section 6

A child that was born in Sweden and has been stateless since birth acquires

Swedish citizenship on notification by the guardian or guardians of the child if

the child holds a permanent residence permit and is domiciled in Sweden.

Notification must be made before the child reaches the age of five.

Section 7

A child that does not hold Swedish citizenship acquires Swedish citizenship

on notification by the guardian or guardians of the child if the child

1. holds a permanent Swedish residence permit, and

2. has been domiciled in Sweden for five years or, if the child is stateless,

three years.

Notification must be made before the child reaches the age of eighteen.

If the child has reached the age of twelve and holds foreign citizenship,

the child is required to give its consent in order to acquire Swedish

citizenship. Consent is not required, however, if the child is prevented from

giving his or her consent due to a long-term impediment such as a mental

disorder or similar.

Section 8

An alien who has reached the age of eighteen but who is not yet twenty

acquires Swedish citizenship on notification if he or she

1. holds a permanent Swedish residence permit, and

2. has been domiciled in Sweden since reaching the age of thirteen or, if the

child is stateless, fifteen.

Section 9

A person who has reached the age of eighteen and who has lost or been

released from his or her Swedish citizenship may recover it on notification if

he or she

1. holds a permanent Swedish residence permit,

2. was domiciled in Sweden for a total of ten years before reaching the age of

eighteen, and

3. has been domiciled in Sweden for the past two years.

Section 10

If an alien becomes a Swedish citizen in accordance with Sections 5,7,8 or 9,

his or her unmarried children who are domiciled in Sweden and who have not

yet reached the age of eighteen also acquire Swedish citizenship if the said

alien

1. has sole custody of the child, or

2. has joint custody with the other parent, and the other parent is a Swedish

citizen.

If the parents of an unmarried child who is domiciled in Sweden and

who has not reached the age of eighteen become Swedish citizens at the

same time under Sections 5,7,8 or 9, and if they share custody of the child,

the child also acquires Swedish citizenship.

Acquisition of Swedish citizenship after application (naturalisation)

Section 11

An alien can apply for and be granted Swedish citizenship (be naturalised) if

he or she

1. has provided proof of his or her identity,

2. has reached the age of eighteen,

3. holds a permanent Swedish residence permit,

4. has been domiciled in Sweden

a) for the previous two years in the case of Danish, Finnish, Icelandic or

Norwegian citizens,

b) for the previous four years in the case of a stateless person or one who is

considered to be a refugee under Chapter 3, Section 2 of the Aliens Act

(1989:529),

c) for the previous five years for other aliens,

and

5. has led and can be expected to lead a respectable life.

Section 12

If the requirements in Section 11 are not met, and unless paragraph 2

provides otherwise, the applicant may still be naturalised if

1. the applicant has formerly held Swedish citizenship,

2. the applicant is married to or living in conditions resembling marriage with a

Swedish citizen, or

3. there are other special reasons for granting citizenship.

An applicant who cannot provide proof of identity in accordance with

Section 11, sub-section 1 may be naturalised only if he or she has been

domiciled in Sweden for at least the previous eight years and can give the

authorities reason to believe that the stated identity is correct.

Section 13

In a decision concerning naturalisation it shall also be decided whether the

applicant's unmarried children under the age of eighteen shall acquire

Swedish citizenship.

Loss of Swedish citizenship

Section 14

A Swedish citizen loses his or her Swedish citizenship on reaching the age of

twenty-two if he or she

1. was born abroad,

2. has never been domiciled in Sweden, and

3. has never been here under circumstances that indicate a link with Sweden.

However, permission to retain citizenship may be granted if an

application is made before the Swedish citizen has reached the age of

twenty-two.

When a person loses his or her Swedish citizenship under the first

paragraph, his or her child also loses its Swedish citizenship if the citizenship

was acquired as a consequence of the parent's Swedish citizenship.

However, the child does not lose its citizenship if the other parent still holds

Swedish citizenship and the child also derives its Swedish citizenship from

him or her.

The loss of Swedish citizenship does not apply if it would result in the

person becoming stateless.

Release from Swedish citizenship

Section 15

A person who is or wishes to become a foreign citizen may on application be

released from his or her Swedish citizenship. Release shall be granted if the

applicant is not domiciled in Sweden. Release may be denied a person who is

domiciled in Sweden only if special grounds exist.

If the applicant is not already a foreign citizen the release shall be

conditional on his or her acquisition of citizenship of another country within a

certain period of time.

Certain provisions concerning the Nordic countries and other EEA

Countries

Section 16

The Government may, following agreement with Denmark, Finland, Iceland or

Norway, prescribe the application of one or more of the provisions in Sections

17-19. The term "contracting state" in these provisions means a state with

which Sweden has entered into such an agreement.

Section 17

The provisions contained in Section 14, paragraph 1 do not apply to a person

who has been domiciled for a total of at least seven years in a contracting

state.

Section 18

A citizen of a contracting state acquires Swedish citizenship on notification if

he or she

1. has acquired the citizenship in the contracting state by a means other than

application,

2. has reached the age of eighteen,

3. has been domiciled in the country for the previous five years, and

4. has not been sentenced to imprisonment during that period.

When citizenship is acquired in this way, Section 10 applies to the

citizen's children.

Section 19

A person who has lost his or her Swedish citizenship and has thereafter

without interruption been a citizen of a contracting state may recover his or

her Swedish citizenship on notification if he or she has become domiciled in

Sweden. When citizenship is acquired in this way, Section 10 applies to the

citizen's children

.

Section 20

The provisions contained in this act concerning the requirement for a

permanent residence permit does not apply to citizens of Denmark, Finland,

Iceland or Norway.

When applying this act in cases concerning citizens of other countries

in the European Economic Area (EEA), a time-restricted residence permit of

at least five years is equivalent to a permanent residence permit.

Declaration

Section 21

A declaration of a person's Swedish citizenship may be issued on application

if there is a risk that this might be in doubt.

Provisions concerning procedure

Section 22

The Swedish Migration Board examines matters covered by this act except in

cases to which paragraphs 2 and 3 relate.

Notifications in accordance with Sections 7-9, 18 or 19, which apply to

citizens of Denmark, Finland, Iceland or Norway, are examined by the county

administrative board in the county where the person making the notification is

registered as resident.

The Aliens Appeals Board examines matters concerning declarations

according to Section 21.

Section 23

A person who has reached the age of eighteen may make an application or

notification in accordance with this act even if he or she has a legal guardian.

Section 24

The authority to which notification is made shall issue a decision whether or

not the notification has resulted in Swedish citizenship.

Section 25

The Swedish Migration Board or the Aliens Appeals Board may forward a

matter such as is referred to in Section 11, Section 12, Section 14, paragraph

2 or Section 15 to the Government if it is considered to be of particular

importance for guidance on the application of this act that the matter be

examined by the Government.

If the Swedish Migration Board forward a matter referred to in the first

paragraph, the Government shall, unless the matter is extremely urgent,

consult the Aliens Appeals Board before deciding on the matter. The

Government may also forward the matter to the Board for a decision.

Section 26

A decision by the Swedish Migration Board under this act may be appealed to

the Aliens Appeals Board except in cases referred to in the second paragraph

and Section 27.

A decision by a county administrative board or the Swedish Migration

Board according to Sections 5-9, by a county administrative board according

to Section 18 or Section 19, or by the Aliens Appeals Board according to

Section 21 may be appealed to a public administrative court. Leave to appeal

is required for appeals to an administrative court of appeal.

A decision by the Aliens Appeals Board may not be appealed other

than in cases referred to in the second paragraph.

Section 27

A decision by the Swedish Migration Board may be appealed to the

Government if it concerns a security matter. A decision of this type may also

be appealed by the National Police Board.

A security matter is a matter in which the National Police Board has

recommended to the Swedish Migration Board that an application be rejected

on grounds concerning the safety of the realm or public safety.

In a security matter, the acquisition of Swedish citizenship is valid from

the day on which the decision becomes legally binding.

Section 28

A municipal social services committee shall, at the request of the

Government, the Swedish Migration Board or the National Police Board,

supply information concerning an alien's personal circumstances if the

information is needed in a matter concerning Swedish citizenship.

1. This act enters into force on 1 July 2001, when the Citizenship Act

(1950:382) shall cease to apply. Consequent upon this, Section 13,

paragraph 1 of the Act concerning the Acquisition and Loss of Swedish

Citizenship (1924:130) shall also cease to apply. Until 1 July 2002, Section 7

of the 1950 Act shall be applied in cases concerning Swedish citizens who

become citizens of another country bound by the provisions on reduction of

cases of multiple nationality (Chapter I) in the1963 European Convention on

Reduction of Cases of Multiple Nationality and Military Obligations in Cases of

Multiple Nationality.

2. A child who is born in Sweden before the new act enters into force, and

who would have become a Swedish citizen if Section 1 of the new act had

been applicable at the time of the child's birth, acquires Swedish citizenship if

a) the father is still a Swedish citizen,

b) the father notifies the Swedish Migration Board before 1 July 2003

of his desire for Swedish citizenship for the child, and

c) the child has not reached eighteen years of age at the time of the

notification.

If the child has reached the age of twelve and holds foreign citizenship

the child is required to give its consent in order to acquire Swedish

citizenship. Consent is not required, however, if the child is prevented from

giving his or her consent due to a long-term impediment such as a mental

disorder or similar.

The child's guardian or guardians must consent to the acquisition of

Swedish citizenship.

3. A child who is adopted before the new act enters into force and who would

have become a Swedish citizen if Section 3 of the new law had been

applicable at the time of adoption acquires Swedish citizenship if

a) the adoption was approved on 1 July 1992 or later,

b) the person or persons who have guardianship of the child notify the

Swedish Migration Board before 1 July 2003 of the desire for Swedish

citizenship for the child, and

c) the child has not reached the age of eighteen at the time of

notification.

If the child has reached the age of twelve and holds foreign citizenship,

the child is required to give its consent in order to acquire Swedish

citizenship. Consent is not required, however, if the child is prevented from

giving his or her consent due to a long-term impediment such as a mental

disorder or similar.

4. A person who has lost his or her Swedish citizenship under Section

7 of the Citizenship Act (1950:382), but who would have retained it if the new

act had been applicable at the time of the loss, recovers Swedish citizenship

if he or she notifies the Swedish Migration Board before 1 July 2003 of the

desire to that effect. This does not apply, however, to persons who have been

eligible to recover their Swedish citizenship under transitional regulations

contained in the Act (1979:139) amending the Citizenship Act (1950:382).

If at the time of the notification the person is under the guardianship of

another, notification is made by the guardian or guardians instead.

If the notification concerns a child that has reached the age of twelve

and holds foreign citizenship, the child is required to give its consent in order

to acquire Swedish citizenship. Consent is not required, however, if the child

is prevented from giving his or her consent due to a long-term impediment

such as a mental disorder or similar.

5. Section 24 and Section 26, paragraph 2 of the new act apply in

matters concerning notification under subsections 2-4.

6. Earlier provisions shall be applied in matters concerning notifications

in accordance with Section 2 a of the Citizenship Act (1950:382) made before

the new act comes into force. The same applies in matters concerning

notifications in accordance with Section 3 of the 1950 act made before the

new act comes into force, unless the application of the new act is more

advantageous for the person. The 1950 act shall also be applied in matters

forwarded to the Government under Section 9 a of the act.

7. The supplementary article to the Treaty of Friendship, Trade and

Shipping between Sweden and Argentina entered into on 17 July 1885

continues to be applicable notwithstanding this act.