The Swedish Tax Agency has opened up the possibility for individuals that have held temporary protection status in Sweden for more than 2 years to register with the Swedish Population Register

Overview

Following the decision of the Council of the European Union to extend the temporary protection for Ukrainians until March 2026, the Swedish Tax Agency announced on June 14th that an individual who has stayed in Sweden for two years under temporary protection and receives a further extension, bringing the total duration to three years, should be considered equal to other foreigners legally residing in Sweden. This gives Ukrainians holding temporary protection status in Sweden for more than 2 years the possibility to register with the Swedish Population Register and receive a personal identity number. 

Background

On March 4th, 2022, the Council of the European Union activated the Temporary Protection Directive (2001/55/EC), allowing persons fleeing Ukraine due to the 2022 Russian invasion to apply for and be granted residence permits for one year in any European Union Member State. Since 2022, all individuals granted said status have had their permits renewed annually. The directive has enabled Ukrainian nationals fleeing the war to settle in Sweden and gain access to the labour market, healthcare system, housing, social welfare, and education. According to Chapter 21 of the Swedish Aliens Act however, a foreign citizen granted a temporary residence permit or a residence permit under temporary protection should not be registered in the Swedish Population Register if it is assumed that the person will stay in Sweden for less than three years. Since all permits have been granted on a yearly basis, holders of temporary protection status have been unable to obtain a Swedish personal identity number, creating obstacles in navigating Swedish society and administration, such as opening certain types of bank accounts, accessing digital bank ID and banking services etc.

In February 2024, the Swedish Government proposed improvements to the living conditions for individuals granted residence permits with temporary protection. These proposed improvements included earlier registration in the Swedish Population Register than currently allowed, as well as access to work-based parental allowance and temporary parental allowance for those who are employed. This proposal is still under consideration. If accepted, it would take effect on November 1st, 2024. 

On June 13th, 2024, the Council of the European Union accepted the European Commission’s separate proposal to extend temporary protection for Ukrainians until March 2026. Following this on June 14th, the Swedish Tax Agency announced that, with reference to Government bill 2001/02:185, an individual who has stayed in Sweden for two years under temporary protection and receives a further extension, bringing the total duration to three years, should be considered equal to other foreigners legally residing in Sweden. In principle, this means that holders of temporary protection status, whose stay can be assumed to have a certain duration, should be able to register with the Swedish Population Register. Starting yesterday June 17th, this will be the applied approach. 

In practice, the Swedish Tax Agency will assess if an individual has had their domicile in Sweden for the past two years while on a residence permit for temporary protection status. If so, the Swedish Tax Agency will then make a forward-looking assessment to determine if it can be assumed that the individual will stay in Sweden for another year, thereby meeting the three-year requirement per Government bill 2001/02:185. If the stay can be assumed and all other requirements are met, the individual should be registered in the Swedish Population Register. To start the process of registering with the Swedish Population Register, please follow the below steps:

1. Finalize the “Moving to Sweden” form and file this with the Swedish Tax Agency together with proof of your identity (passport, residence cards), your stay in Sweden and your decision letters
2. Book an appointment to visit a service center in person for an identity check

Once registered, individuals will no longer be covered by the Swedish Act on Reception of Asylum Seekers and Others (LMA) or a part of the Swedish Migration Agency’s reception system. This means that individuals who needed help with for example housing will have to turn to the municipalities instead of the Migration Agency. 

Deloitte’s commentary

That the non-existing possibility to obtain a personal identity number would become an issue for individuals holding temporary protection status was clear very early on, and introducing the possibility to register for population purposes is therefore a welcome change. 

The activation of the Temporary Protection Directive by the EU was a crucial step in providing immediate and temporary relief to Ukrainians. However, the limitations regarding the registration in the Swedish Population Register highlight gaps in the directive’s implementation that needed to be addressed. The legal framework as of today (particularly Chapter 21 of the Swedish Aliens Act) works for temporary stays but does not adapt well to prolonged or semi-permanent situations like those faced by Ukrainian refugees. Seeing that the Council’s decision to prolong the temporary protection until March 4th, 2026, came 9 months ahead of the current expiry date recognises the need for a more long-term solution.

The Swedish Tax Agency’s prompt action following the EU Council’s decision underscores the importance of administrative agility in responding to international and national directives. Further, by taking immediate steps to align with the EU Council’s decision, the Tax Agency has taken the necessary actions to speed up the process for Ukrainians holding temporary protection status to obtain personal identity numbers as soon as eligible.  

To read more about the temporary protection status, please refer to Deloitte’s earlier immigration alerts:

Immigration alert: Temporary protection for people fleeing war in Ukraine | Deloitte Sverige
Immigration alert – Extension of the temporary protection for people fleeing war in Ukraine | Deloitte Sverige
Immigration alert – Application for an extension of temporary protection for people fleeing war in Ukraine: must be submitted before March 4th, 2024 | Deloitte Sverige

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

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

Sofia Wennberg
Assistant Manager, Immigration - Global Employer Services
swennberg@deloitte.se
+46 70 080 27 91

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