Do you wonder what applies regarding residence permits for refugee and people in need of subsidiary protection?

If you can’t live safely and securely in your home country, you can apply for asylum as a refugee or a person in need of subsidiary protection. The big difference is that people with refugee status can stay longer in Sweden. But regardless of status, you have the right to appeal if you think the Swedish Migration Agency has given you the wrong status.

If you’re granted residence permit as a refugee

You can be given refugee status if you have had to flee your home country because of it being dangerous to stay there. This has to be because of your ethnicity, nationality, religious or political opinion, gender or sexual orientation. Everyone who has a residence permit in Sweden for at least one year has the right to register here. As a refugee, you get a residence permit for three years. So it’s important that you register yourself in the Swedish population register as soon as you receive your residence permit. This allows you to work here, open bank accounts and receive medical care just as everyone else who’s registered here. If you after the three years can show that you can continue to support yourself in Sweden, you can apply for a permanent residence permit.

If you had to leave your family to flee to Sweden, you have the right to be reunited here. This means that your immediate family members can apply for a residence permit in Sweden as relatives. In some cases, you have to be able to show that you can support yourself and your family. And you have to show that you have accommodation that is large enough and of a good standard where you can all live together.

If you have a residence permit in Sweden and have been registered here for at least three years, you also have the right to vote in elections to both county council and municipality.

If you are granted a residence permit as a person in need of subsidiary protection

Being given the status of person in need of subsidiary protection means that there’s a risk that the person will be punished with death, subjected to corporal punishment, torture or other inhuman or degrading treatment. It can also be that the person is at risk of being injured due to an armed conflict in the home country. As a person in need of subsidiary protection, you receive a temporary residence permit of 13 months. During that time, you have the right to be registered in Sweden. This makes it possible to work here, open bank accounts and receive the same medical care as everyone else who’s registered here.

When the residence permit reaches its end, you can apply to extend the residence permit. The Swedish Migration Agency then checks again whether there are still risks for you in your home country. Or if they think you can return without risk of being killed or harmed in any way.

Even as a person in need of subsidiary protection, you have the right to be reunited with your immediate family in Sweden. However, starting from December 1st 2023, most people have to be able to support themselves and their family members from day one. In this case as well, it’s important that you have accommodation ready that is large enough and of a good standard.

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Are you thinking about which is best, being married or common-law partners?

Have you thought about the legal differences between being married and living together? And how to ensure that you and your partner have good legal protection regardless of which one you choose? There are some differences depending on if you’re married or just living together. But luckily, there are also some legal measures you can take to protect your interests, regardless of your marital status.

When living together, you don’t inherit each other

This is important if you have children. If married, the surviving partner always inherits everything. If you have children together, this will be an advantage as it means that any residences, houses, cars and other assets can remain with the surviving partner. However, if you aren’t married and you have children together, the children will instead inherit the deceased parent in the first place. This means that the surviving parent in many cases needs to sell assets in order to pay out the children’s inheritance. Because of this, many find themselves in a difficult financial situation and are forced to move during a time when the sanctuary of the home and the safety of their own community are most important. To avoid such a scenario, writing a will to regulate the inheritance can be wise.

Joint assets when married or living together

Another important difference between being married or living together is the distribution of your assets. When being married, it’s assumed that everything you own together should be divided equally if you choose to separate. This is also called the right to marital property or community property, meaning that regardless of how much each of you has invested, it doesn’t affect how the assets are divided. Each gets half is what applies. However, if you are common-law partners, only part of your property is regarded as joint. Your home and the things you have bought while living together are considered what you own together. Everything else is considered private property.

Both in a marriage and when living together, however, it’s possible to control who owns what with certain legal documents. As married people, you can write a prenuptial agreement to prevent certain assets from being counted as joint. And as cohabitants, you can sign a cohabitation agreement. Both agreements can be signed before or after you have married/moved in together.

If you want to write a prenuptial agreement or cohabitation agreement, you can do it yourself here on our website. As long as you have a good grasp of your finances and any legal consequences, it’s simple and easy to set it up on your own. Otherwise you can get the help of a lawyer to ensure that the agreements really fulfill your wishes. Sometimes, for example, you may need to supplement your agreements with other documents, such as deed of gift or promissory note. To find out what applies in your case, the best is to consult a lawyer.

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Do you know what you’re entitled to demand if your train is delayed?

According to the Swedish Transport Administration, almost a third of all long-distance trains were late in 2022. Although traveling by train is smooth and easy, it’s not optimal whenever a train is delayed. That’s why it’s good to make sure to know of your rights when booking a trip by long-distance train. So if you’re hit with some bad luck, you’ll be prepared.

When traveling with most long-distance trains, you’re protected by the train regulation. This applies to journeys by train within Sweden where the trip is longer than 15 Scandinavian miles and to trips by train that goes abroad. If your train is delayed or canceled by more than an hour, you have the right to:

• get a full refund of the ticket price or get a refund for the parts of your trip that you can’t use. If the delay makes your journey pointless and you’ve already managed to start your trip, you’re also entitled to a return ticket to the place of your departure.
• get your trip rebooked as soon as possible or to a later date if you prefer.
• to continue the trip. This only applies if the train company doesn’t cancel the train due to the delay.

When you want to rebook your trip

The train company also have to make sure to keep the delay at a minimum. And if your trip needs to be rebooked, they have to present you with a new ticket offer within 1 hour and 40 minutes of the scheduled departure time. If they don’t, you have the right to rebook the trip on your own. In that case, the train company also has to reimburse you for the costs incurred, provided that they are necessary and reasonable. If, on the other hand, you want to rebook your own journey before the 1 hour and 40 minutes have passed, it would be wise to contact the train company before booking a trip. Then you can check with them if they will reimburse you for the costs incurred.

In the event of a rebooking, you have the right to receive a trip that is equivalent to the original trip. What is equivalent can have different meanings depending on the circumstances. However, what applies is that you have the right to a similar trip without being charged anything extra. For instance, if the new trip is in a higher class, the train company has to cover the extra costs. On the other hand, the train company can also book a new trip by bus instead of by train.

Your right to compensation in the event of a delayed train

When you choose to either continue your trip despite the delay or choose to be rebooked, you’re also entitled to a certain amount of compensation. If the train is between 1-2 hours late, you have the right to get 25% of the ticket price back. If the train is more than 2 hours late, you’re instead entitled to 50% of the ticket price back.

Your right to compensation doesn’t apply in certain extreme situations, such as extreme weather conditions, natural disasters and when the delay is due to sabotage. It also doesn’t apply if there is an emergency on board the train or if people have walked on the track. You’re also not entitled to compensation if the train is delayed because of you.

To receive compensation, you have to submit a claim to the train company. The easiest way to do this is to email them and send your ticket information as well as a receipt showing that you have the right documents for the trip. If the compensation you demand is less than 4 euros, the train company doesn’t have to pay you anything, but they can of course do so out of goodwill. Within one month of the train company receiving your request, you should receive your compensation or refund, either as value checks or as cash. The choice is yours to make.

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Contact Kliently lawyer Beatrice Gustafsson when you need a notary public

If you have legal affairs that require parties outside of Sweden to review and/or sign documents, you may have heard of the term notary public. It can be about contexts regarding corporate affairs, real estate affairs, adoption, etc. But what does the term mean and how do you know you’re getting the right help?

A notary public is an authorized official who performs various types of legal and official duties. Most often, it’s in connection with document management and evidence. Their main tasks are to witness and stamp documents, verify signatures, and sometimes also act as witnesses in various legal transactions. What kind of authority and powers they have may vary from country to country, but all of them play an important role in ensuring that legal documents and agreements are authentic and reliable.

Each county in Sweden has at least one notary public who is appointed by the County Administrative Board. The person must have a law degree and have sufficient language skills. The person cannot be declared bankrupt or have an administrator according to law.

The County Administrative Board trusts the person in question to, among other things:

• certificate that Swedish documents, signatures and the like are authentic. This is called issuing an apostille and means that the documents are given a special stamp of authentication.
• certify that an authority or person has the right authority or holds a certain position.
• provide explanations on legal and financial matters of importance to third parties.
• act as a witness both when seals are put on and broken and when rooms for storage are opened and closed.

When you need help from a notary public, it usually requires you to visit the appointed person to get help. You then need to bring valid identification and the papers that are necessary in your particular case.

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Do you suspect you’ve been the victim of ID theft?

Being the victim of ID theft and fraud is often very unpleasant and can have serious consequences. If you suspect that someone has taken out a loan, bought goods or, for example, signed a subscription in your name without your knowledge, it’s important that you report it quickly and prevent further damage.

Report to the police that you’ve been the victim of ID theft

The first thing you should do when you suspect you’ve been the victim of ID theft is to report it to the police. You do this by either calling 114 14 or visiting the nearest police station. By reporting the crime to the police, an investigation is started. This, in turn, increases the chances of being able to identify the suspect so that they can be brought to justice.

Block your social security number

By blocking your social security number with the credit reporting companies, you can protect yourself against more fraud being committed in your name. The major credit reporting agencies usually cooperate. Therefore, you only need to block your social security number with one of them. But to be on the safe side, it might be good to double check with the credit reporting agency that the call you’re making is enough.

Review your bank statements

It’s important that you review all your bank statements, both for bank cards and credit cards. Check for transactions or credits you don’t recognize. If you find any, you have to share the information with the police and contact your bank about the faulty transactions. The bank will then investigate how the transactions took place and help you refund them.

Contact the Swedish Tax Agency about ID theft

It’s also a good idea to contact the Swedish Tax Agency to find out if your address has been changed in the national register. Sometimes this can be done to be able to get your mail and order additional credit cards and such in your name. By informing the Swedish Tax Agency that you’ve been the victim of ID theft, you can protect yourself from further fraud.

Dispute incorrect claims

If you receive invoices and such for things you haven’t ordered, you have to dispute these. You do this by explaining the situation to the company that sent the invoice. If you don’t, the risk is that the invoices gets sent to the Enforcement Authority and that you’ll end up having to pay for purchases you didn’t make.

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Have you thought about renting out through Airbnb?

Airbnb is a popular way to both rent out and rent accommodation all over the world, including Sweden. Especially in these times when many people are facing financial struggles, renting through Airbnb can be a way to earn a little extra money. But before you post an ad about renting out your home, it’s important to be aware of the laws and regulations that apply.

1. What kind of home you have makes a difference when renting out through Airbnb

If you live in a house, you won’t need a permit to rent out through Airbnb. The same applies if you only want to rent out one room in your apartment. Then the same rules apply as when you have a boarder in your apartment. For example, you have to live in the apartment yourself during the periods when someone rents the room.

However, if you want to rent out your entire apartment, you have to have a permit to sublet the apartment to do so. For condominiums, you’ll need a permit from the condominium association. And for rental apartments, it’s instead your landlord that you need to get a permit from.

2. You may have to pay taxes and VAT when renting out through Airbnb

Whether you have to pay tax or not depends on a number of factors. In part, the rules are different depending on whether you rent out a house, condominium or a rental apartment. And in part, it makes a difference how much money you rent out your home for. If you rent out your private home for more than SEK 40,000 per year, you may have to pay tax. Then you’ll have to pay 30 percent of the surplus you get after renting out your home. In addition, you may also have to pay VAT if you rent out the home furnished and in a manner similar to hotel operations.

3. Will you be handling personal data?

When renting out through Airbnb, you need to be aware of and comply with the GDPR. GDPR is the EU’s data protection regulation and it regulates how personal data must be handled. It’s important to bear in mind that personal data counts as all information that in some way has a connection to you as a person, whether directly or indirectly. It can be anything from your name, address, telephone number and social security number to email addresses with your name, ID card number and even your IP address. Even images, videos and audio recordings that can be linked to specific individuals are considered as personal data.

When you rent through Airbnb, you may only ask for other people’s personal data if it’s necessary and only for the purpose of managing bookings. For example, you may not ask guests to use third-party websites to review your accommodation or to open website accounts. You’re also not allowed to market your accommodation after the guests stay.

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The Disclosure Act affects people who work in the public sector.

Recently, Swedish politicians have talked a lot about a Disclosure Act. Many make their voices heard, not least the professional groups that the law would apply to. And if you’ve tried to find out what the Act entails, you’ve probably seen that there are those that are both for and against it. So what does it mean to have a disclosure law and who will be affected by it? We’ll dig deeper into that below.

The Disclosure Act is a law that the Swedish Tidö parties want to introduce. It would force certain professional groups working in the public sector to report to the police and the Swedish Migration Agency if they were to meet people who are in Sweden without a permit. Professional groups that the Disclosure Act will apply to are, for example, teachers, healthcare staff and staff in social services. Today, these professional groups do not have to report if they come into contact with undocumented people. Many who work within these groups also have a duty of confidentiality, which goes against the Disclosure Act.

What happens if the Disclosure Act is introduced in Sweden?

If Sweden were to introduce a law that forces professional groups within the public sector to report undocumented people, it would affect the individual workers and not the workplace as a whole. In other words, each individual worker will be obligated to report undocumented people. This means that the consequences for those who don’t report undocumented people will also affect workers on an individual level. What those consequences may be has not been determined at this point. What is mainly discussed now is the possibility of introducing or preventing such a law.

Also, there are already other regulations that currently go against the Disclosure Act. In addition to the duty of confidentiality, it’s also against the Convention on the Rights of the Child to indicate children who doesn’t have a residence permit in Sweden. That’s why it’s difficult to predict how an act like this would work in real life. And if it’s even possible without compromising certain democratic rights people in Sweden have today.

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Make sure you’re aware of the legal aspects when buying a new build.

Buying a new build apartment can feel incredibly luxurious. Moving into a brand-new home and decorating it just the way you want is something many look forward to. However, there are certain legal aspects that are important to be aware of when purchasing a new build.

A common misconception is that issues that arise in new builds should be addressed with the construction company. But when you buy a new build, you should turn to the condominium association with any potential issues. This is because you have a lease agreement with them and not with the construction company. So for instance, if the construction company makes changes in the building process that you feel doesn’t align with what’s stated in the initial agreement, you should still take your complaints directly to the condominium association.

What if there’s something wrong with your new build?

I upplåtelseavtalet kan du se vad som ingår i köpet av din nyproduktion. Där brukar det stå hur stor bostadsrätten är, hur många rum den har, vilka övriga utrymmen som ingår, osv. Skulle det visa sig att den färdiga lägenheten inte stämmer överens med det som står i upplåtelseavtalet har du rätt att kräva att bostadsrättsföreningen rättar till det som inte stämmer. Dröjer de med att rätta till felet kan du också välja att göra det själv. Och då ska bostadsrättsföreningen stå för kostnaderna.

Skulle din förening däremot inte gå med på att rätta felet i din nyproduktion, eller om det är ett större fel som de inte kan fixa snabbt, så har du rätt att säga upp bostadsrätten i stället. Och om du och din förening inte kommer överens kan du alltid vända dig till Hyres- och arrendenämnden. De finns till för att lösa tvister i hyres- och boendefrågor. Men ska du kontakta dem kan det vara bra att prata med en jurist först. Då kan du vara säker på att du får med all nödvändig information när du skickar in din ansökan. Och du kan direkt få besked av juristen om ärendet gällande din nyproduktion är rimlig och värd att fullfölja.

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Have you discovered a hidden defect in your condominium?

Buying a condominium is a big investment and it’s important to be sure that it doesn’t lead to unnecessary costs in the long run. When you buy a condominium, you have the right to be informed of any defects that the condominium has. But some defects are difficult to spot, even for an inspector. In the event of a hidden defect in a condominium, you as a buyer have the right to demand that the seller compensate you for the defect, but there are also requirements for you as a buyer that you have to be aware of.

As a buyer, you have a duty to investigate. This means that it’s your responsibility to check the condominium carefully to discover any defects and errors. It’s also your responsibility to bring in an inspector who can examine the condominium. In order to be able to report a hidden defect, it has to have existed since before you bought the condominium, but be of such character that it couldn’t have been detected during an inspection. The defect also can’t be something that should be expected. This means that certain defects can be a natural consequence of the condominium being old, in poor condition, etc. Such defects doesn’t count as hidden defects.

How do you complain about a hidden defect in a condominium?

If you discover a hidden defect, you have to contact the seller immediately. You have up to two years to complain about any hidden defects in the condominium, but once you’ve discovered a defect, you can’t wait too long to contact the seller about it. Then you have the right to demand that the seller either pays to correct the error or that the seller compensates you by lowering the price of the condominium. Should there be a major defect, you also have the right to revoke the purchase altogether.

Sometimes it the agreement can state that the condominium is sold as is. Or the seller can insert a disclaimer clause into the contract. If the condominium is sold in its existing condition, you can still complain about any hidden defects, but there are additional requirements you have to meet. In addition to being able to demonstrate that you have discovered a hidden defect, you also have to be able to show that:

• the condominium is in a worse condition than you could have expected.
• the information the seller has given about the condominium doesn’t match the real state of it.
• the seller has withheld important information about the condominium.

However, if the seller has included a disclaimer clause in the contract, then you can’t go back and complain about hidden defects. This is because the seller has waived their responsibility for the condition of the condominium. If the seller includes a disclaimer clause in the agreement, the price for the condominium should also be lower to compensate for the disclaimer.

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Do you suspect you’re paying too much rent?

If you sublet your apartment, there’s a risk that you’ll pay too much rent. This is because some people that rent out their apartments take the opportunity to earn some extra money from it. This isn’t allowed according to Swedish law that states that rent has to be at a reasonable level. Meaning the rent can’t be too high based on what you pay for. Paying rent that is too high is also called usurious rent.

What is a reasonable rent is different depending on, among other things, the size of the apartment, location, what’s included in the rent, etc. But generally speaking, you shouldn’t have to pay more than the original rent when you sublet a rental apartment. And you shouldn’t have to pay more than the actual housing cost when you sublet a condominium. You can easily find out if you’re paying too much rent by, for example, talking to neighbors and asking what they are paying. Or by comparing the rent of other similar apartments. It’s important to remember when making such a comparison that the rent can differ by up to 5 percent. It’s when your rent differs significantly that you can be sure you’re paying too much rent.

What can you do if you pay too much rent?

If you pay too much rent, you can send an application to the rent tribunal to have the rent reduced. If the apartment is a rental, you can get back the excess rent you’ve paid. You can only get back rent up to two years back in time from the day you send your application. However, if you’re subletting a condominium, you cannot get back excess rent. If that’s the case, you can only apply to reduce your current rent.

Applying to have your rent reduced or get excess rent back can be overwhelming. That’s why we recommend contacting a lawyer who specializes in tenancy law. This way, you can make sure that your lawyer knows what your rights are and that they will help you with the process in the best possible way.

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