Changes to the Swedish Immigration Legislation – New EU Blue Card Directive Implementation and Proposed Stricter Rules for Family Reunification

Overview

The Swedish government has decided on a legislative proposal aimed at improving Sweden's ability to attract and retain highly qualified employees. The government proposes legislative changes to implement the new EU Blue Card Directive, replacing the Blue Card Directive from 2009. The legislative changes are proposed to come into effect on the 1st of January 2025.

In addition, the Swedish government has appointed a special investigator to evaluate the existing immigration legislation concerning family reunification. The aim is to implement a more restrictive regulation that is still aligned with EU legislation and international conventions. The evaluation is expected to be presented to the government by the 25th of August 2025.

Background

EU Blue Card Directive
An EU Blue Card is a combined residence and work permit that can be granted to foreigners with employment contracts for highly qualified work in Sweden. Although having been available for several years, the permit type has been more popular in other European countries than Sweden. 

On 15th of August, the Swedish government submitted a legislative proposal to the Council of Legislation that aims to implement the new EU Blue Card Directive, which replaces the 2009 Blue Card Directive. The proposed changes are planned to come into effect on the 1st of January 2025. The proposal contains suggestions to promote the immigration of highly qualified labour and aims to simplify and promote the use of the so-called EU Blue Card in Sweden and with this improve the opportunities to attract and retain highly qualified employees in Sweden and in the EU.

Family Reunification
The conditions for granting a residence permit due to family reunification in Sweden are based on the individual’s right to stay in the country and whether their residence permit is temporary or permanent. The Swedish government wants to reform the immigration regulations concerning family reunification, where the purpose is to achieve a more sustainable immigration and address increasing social exclusion and integration challenges. To further this goal, the government has appointed a special investigator to evaluate and provide suggestions for new immigration legislation. The evaluation is expected to be presented to the government by the 25th of August 2025.

Proposed changes

The two new directives are comprehensive and cover various aspects. In the following summary, Deloitte outlines the most relevant points for employment related immigration. 

EU Blue Card Directive – Facilitation of process for High Skilled Labour
Reforming the rules concerning labour immigration is an important part of the government's paradigm shift in the field of migration. Sweden aims to be an attractive destination for highly qualified labour, and these proposals constitute an important step in facilitating and improving the conditions for this category. The proposal includes the following: 

• For an EU Blue Card to be granted, the applicant must have an employment contract for highly qualified employment with a duration of at least six months and a salary of at least 1.25 times the average gross annual salary in Sweden (currently SEK 47 875). Previous requirements have been employment for at least one year and a salary threshold of 1.5 percent of the national average gross salary. The current criteria states that the applicant must have a degree of at least 180 higher education credits or 5 years of relevant work experience remains. 
• In the event of high demand for employees within certain industries, the salary threshold may be lowered, but must not fall below 1.0 percent of the national average gross salary.
• To be granted an EU Blue Card, the applicants should be able to support themselves and accompanying family members. As such, the Swedish government wants to introduce a maintenance requirement for this category. 
• A possibility to accumulate residence permit periods to reach the 5 years required to be granted status as a long-term resident in Sweden is introduced. An EU Blue Card holder should be able to include permits and residence periods in other EU states, both with an EU Blue Card and with other types of permits as long as the latest 2 years of permit time took place in Sweden. 
• The scope is expanded so that more individuals may be eligible for an EU Blue Card. For example, it is proposed that individuals with ICT permits, family members of EU citizens and Swiss citizens, and individuals with protection status in Sweden (for example, refugees) may be granted an EU Blue Card. These categories are not covered by the 2009 Blue Card Directive.
• Opportunities to switch from other types of residence permits to an EU Blue Card from within Sweden are expanded. With this, the possibility to apply for and be granted an EU Blue Card after entry to Sweden is also expanded. The main rule is still that the application should be filed and approved before entry to Sweden. 
• If an individual with an EU Blue Card wants to change employer or change occupation, the individual will no longer need to apply for a new EU Blue Card. Instead, under certain conditions, it will be sufficient for the individual to report the change of employer or changes affecting the conditions of the permit to the Swedish Migration Agency.
• For stays up to one year, the individual applying for an EU Blue Card must demonstrate that they have, or have applied for, comprehensive health insurance to be granted an EU Blue Card. The current requirement for comprehensive health insurance, which applies for three months from entry into Sweden regardless of the length of stay, will be removed.
• Someone who has been granted an EU Blue Card by another EU state may enter Sweden and conduct business activities for up to 90 days during a 180-day period. 
• A foreign national who has held an EU Blue Card in another EU state for at least twelve months may, under certain conditions, apply for an EU Blue Card in Sweden with a somewhat simplified procedure.
• If an EU Blue Card holder becomes temporarily unemployed, the time to find new employment is proposed to be extended under certain conditions. Currently, an EU Blue Card holder has three months to find new employment in the event of unemployment, regardless of the previous permit duration. The proposal includes an extension to six months for applicants that have held a permit for more than two years. 

Family Reunification – Stricter Rules
The government has highlighted that the current national immigration legislation is more generous compared to EU and international standards, leading to inconsistency and misalignment with other EU countries. The review conducted by the special investigator will mainly focus on family reunification for individuals living in Sweden with a residence permit, but it also addresses family members to Swedish and Nordic citizens. However, conditions for family reunification in these cases should not be worse compared to family reunification to individuals holding residence permits in Sweden. In addition, consideration must be given to the possibility of having more favourable rules for this category, considering Swedish citizens' unconditional right to stay in Sweden, as well as Sweden's need to attract international talent.

The evaluation will not include individuals seeking family reunification with EU members living in Sweden, Swiss nationals living in Sweden, diplomats, and consular officers. In short, the special investigator has been instructed to analyse the following: 

• The special investigator should analyse possible limitations for individuals with residence permits in Sweden relating to protection status, to reunite with family in Sweden. This analysis should also include individuals with enforcement obstacles, and individuals with status as long-term residents in another EU state but with residence permits in Sweden.
• The definition of “family member” should be restricted to include only spouse, cohabiting partner, and unmarried children under 18 years of age. The special investigator should analyse in which cases this should be applicable. 
• The Swedish government has already expanded the rules regarding the maintenance requirement, but currently there are several exceptions to this rule. Therefore, the special investigator should analyse in which cases the maintenance requirement for accompanying family members can be expanded, and the exemptions limited. As a specific proposal, the introduction of the maintenance requirement in applications for extension based on family ties is mentioned. Currently, this only applies to initial applications.
• The government also wants to investigate whether a comprehensive health insurance should be introduced as a requirement for family reunification, as EU legislation allows member states to reinforce such a requirement. Currently, there is no such requirement in the Swedish national legislation.

Deloitte’s comments 

The Swedish government is eager to attract highly skilled workers to Sweden, which is reflected by the new directives, both concerning the EU Blue Card as well as previous proposals that are currently being processed. As there is a high demand of certain occupations that are considered highly skilled, Deloitte views the proposed legislative changes positively. From experience, Deloitte has seen that applications for EU Blue Cards have not been as frequent in the past, which likely is due to the permit type not being noticeably more beneficial than ordinary work permits. The proposed changes will likely result in a shift where more applicants choose the EU Blue Card instead of the regular work permit route. 

With the new legislative proposals an EU Blue Card holder will, among other things, have greater freedom of movement and hold a more flexible permit in general which will profit both Sweden as well as the European Union. Deloitte does not see the proposed maintenance requirement linked to the new EU Blue Card Directive as a hindrance to Sweden’s attractiveness as a destination for highly skilled workers, as a prerequisite of the EU Blue Card itself is an income that would exceed a set maintenance requirement. The expansion of the category of individuals eligible for the EU Blue Card is also a sign of Sweden's increased commitment to becoming an attractive employment destination for highly skilled workers. Worth mentioning is that the government has previously proposed to extend the EU Blue Card permit time from two to up to four years as described in our previous alert, the current proposal does not however include any changes to the permit time. 

As the new EU Blue Card directive is planned to be implemented on 1st of January 2025, it remains to be seen whether the legislative changes will have a direct impact on the amount of future EU Blue Card holders in Sweden.  

As for the new plans to change the legislation concerning family reunification, it is still early to predict any exact legislative outcome. Depending on which rules will be implemented, it can affect the possibility to reunite with family members in Sweden for some individuals. However, the government has also clearly expressed that it does not wish to introduce restrictions that affect the influx of international talent to Sweden. Deloitte therefore believes that any changes in this regard will not have any major impact on our clients’ employees or any other highly skilled workers. However, reducing the maximum age limit for accompanying children to under 18 will have an impact on residence and work permit holders as the current maximum age is under 21. This has in the past resulted in practical issues for example with ICT permit holders where the age limit is already lower, since children under Swedish legislation are the responsibility of their parents until they have finished upper secondary school.

Deloitte will continue to follow the developments and present any future legislative changes. 

If you have questions, you are welcome to contact us:

Martina Ogenhammar Conti
Director, Nordic Immigration Offering Lead - Global Employer Services
mogenhammar@deloitte.se
+46 70 080 21 60

Ivana Jaksic Bratel
Assistant Manager, Immigration - Global Employer Services
ijaksicbratel@deloitte.se
+46 70 080 35 21

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