The Swedish Migration Court of Appeal has issued a new and precedent-setting ruling. The judgment is highly significant for so-called “teenage deportations,” meaning young adults who risk being deported from Sweden after turning 18—even though their families are allowed to remain. The case concerned a young woman who had been granted a residence permit as a child based on her connection to her mother.
When the young woman turned 18 and applied for an extension of her residence permit, her application was denied. She was considered an adult and therefore deemed capable of supporting herself. The Swedish Migration Agency also argued that her relationship with her mother did not constitute a particular dependency beyond the natural family bond that exists between parents and their children. Nor did the Agency consider that the young woman had a special connection to Sweden or that her deportation would be disproportionate under the European Convention on Human Rights.
The young woman appealed all the way to the Migration Court of Appeal. In the spring of 2025, the Court announced that it had granted leave to appeal in order to clarify the legal position. It took several months for the Court to review the case. On February 17, 2026, the final decision was issued— the Migration Court of Appeal also rejected the request to extend the woman’s residence permit.
Because the ruling comes from the highest national authority in migration law, it serves as guiding precedent for the Swedish Migration Agency and the migration courts when assessing cases involving teenage deportations.
No automatic right to remain
Previously, Sweden often granted permanent residence permits in cases of family reunification. This meant that children who came to Sweden were allowed to remain even into adulthood, since the residence permits they had received were permanent. In 2021, the rules were changed, and instead time-limited permits began to be granted—a system that still applies today. Only those who have held a temporary permit for a certain period of time may qualify for permanent residence.
When a child turns 18 during the validity period of their permit, the legal conditions change. This has led to several teenage deportations within a short period of time. In many cases, the affected individuals simply did not have enough time to obtain permanent residence before their 18th birthday. The media has particularly highlighted cases where young, well-adjusted adults with strong ties to Sweden are deported, while the rest of their family has been granted permanent residence or even Swedish citizenship.
In its new ruling, the Migration Court of Appeal emphasizes that there is no automatic right to remain in Sweden after turning 18. Nor does the court allow for a more generous interpretation of the existing rules. Once a person turns 18, the authorities must assess the application under the rules that apply to adults, in the same manner that the Swedish Migration Agency and the migration courts have done—and continue to do.
How the authorities must assess the application
The Migration Court of Appeal clearly explains the order in which the assessment must be carried out:
- The authority must first examine whether there is a special dependency relationship between the child and the parent. Ordinary family ties are not sufficient. There must be something additional showing that they cannot live apart. Furthermore, the dependency must have existed already in the country of origin, where the child and the parent must have lived in the same household.
- If that is not sufficient, the authority must assess whether there are exceptional grounds based on a particular connection to Sweden. This is an exception rule with a high threshold, as the circumstances must be unusual and compelling.
- Thereafter, the authority must consider whether there are exceptionally distressing circumstances, for example very severe personal conditions.
- Finally, the authority must take into account the right to private and family life under the European Convention on Human Rights. This is done through a balancing assessment, determining whether a teenage deportation would be disproportionate in relation to the state’s interest in maintaining regulated immigration.
In the present judgment, the court found that the young woman did not meet the requirements under any of the provisions for a residence permit. Even though she had lived in Sweden for several years, attended school, worked, and had friends and a boyfriend, the Migration Court of Appeal considered her ties to be too weak and her situation not sufficiently exceptional.
What does the judgment mean for teenage deportations?
The judgment shows that young people who turn 18 during their permit period have weak legal protection against deportation. This applies even if their family remains in Sweden. It is therefore not enough:
- To live with a parent
- To have friends in Sweden
- To have started working, and/or
- That the separation feels difficult or that conditions in the country of origin are challenging
Anyone who wants to stop their deportation and obtain an extended residence permit must show that their individual circumstances are unusual and particularly serious.
The ruling is precedent-setting. This means that the Swedish Migration Agency and the migration courts will follow the same line in similar cases. For families affected by teenage deportations, the judgment makes it clear that the requirements are now both explicit and high.