According to Swedish Migration laws, you have the right to apply for asylum if you are in fear of persecution on the grounds of your sexual orientation, your gender identity, or your gender expression. Persecution may come from the authorities, other groups, or individuals in your home country. In Sweden, you can apply for asylum at the Migration Agency or at the national border. Your case will then be assessed individually.
-you will have a short conversation about reasons for seeking refuge
-you will have to give your fingerprints (if you are older than 14)
-your photograph will be taken (for the purposes of documentation)
During the process, you may be given a lawyer, who is a public councilor. But not all lawyers have LGBTQI competence. Therefore you have the right to ask for a different lawyer who can be appointed to you by our organization. You have to inform the Migration Agency about this decision, if possible, in the early stages of the application.
If you need advice about lawyers with LGBTQI competence, email us through the contact form on this page. We also offer support on finding a case officer, interpreter, or a public counselor of a certain gender or with profound LGBTQI knowledge.
The Migration Agency will check if a country other than Sweden is responsible for handling your asylum application. This is the case:
This is according to the Dublin Regulation. Read more about it here.
In case Sweden is responsible for your asylum application:
-there will be an oral investigation: a longer conversation than the one when you registered. You will have your case officer from the Migration Agency, your public counselor, and an interpreter with you.
-you will have to provide evidence to the Migration Agency that you have reasons for asylum and give proof of being the person you say you are.
In this meeting, you will have to talk about your case even in more detail and provide evidence for it. Sometimes, you will be invited to a supplementary meeting.
-the Migration agency will ask questions about your identity
-explaining why you are applying for asylum
-being direct and open about the experiences that you have been through.
If you have difficulties talking about your experiences, you have the right to ask for a break at any point during the interview.
At the same time, try to remember:
-it is really important to give as much information about your situation to Migration Agency
-it is important you take the time to prepare yourself for this conversation because it is better for the process if you can open up about sharing the experiences of being an LGBTQI person in your home country
-it is important to share about the way you were treated for being an LGBTQI person
-it is important to share what would be consequences and risks for your life in case you ever went back to your home country
Reminder: The Migration Agency has a duty of confidentiality, which means that they must not tell anyone else who you are or the reasons for your asylum application.
- If the Migration Agency decides that you have been granted a residence permit, you can live in Sweden
- If your application is refused, you can appeal to the Migration Court of Appeal
-Talk to your public counselor to help you with making the appeal
-The UN Convention on the Rights of the Child is Swedish law. For persons under the age of 18, this means that consideration must be given to various things, including your best interests, health, and development.
Appeal means that a person writes to an authority or court to say that they do not agree with the decision made by that authority or court and they want the authority or court to change the decision.
Asylum means refuge. When a person seeks asylum, that person is seeking protection in another country than in the country they lived in before Sweden.
The asylum process refers to the different stages that an asylum seeker goes through from the application to the final decision/refusal that a person receives from the Migration Agency.
Asylum seeker means a person who has arrived in Sweden and is seeking protection. This person has not received a final response to their application.
Authority means a state agency that is run by the government. The authorities must ensure that society works as it should do according to the laws determined by the parliament.
The daily allowance is a benefit that asylum seekers can apply for if they do not have any money of their own.
A decision in an asylum case is when the personnel at the Migration Agency have made a decision that an asylum seeker can remain in Sweden or not.
Judgment in an asylum case is when the Migration Court or Migration Court of Appeal has reviewed whether an asylum seeker is permitted to remain in Sweden or not after an appeal.
A litigation officer is a person who speaks on behalf of the Migration Agency in a migration court.
Public counsel means a person who knows Swedish laws. That person can help asylum seekers with the asylum application. A public counsel is a lawyer or an attorney.
Refugee means a person who has applied for asylum and is permitted to remain in Sweden based on the reasons for seeking refuge.
Refusal of asylum application means that a person has received the answer “no” to their application for asylum. This person is not permitted to remain in Sweden.
A residence permit means that a person has received the answer “yes” to their application for asylum. This person is permitted to remain in Sweden.
are available in every municipality. The staff work according to a law called the Social Services Law. The Social Services Law deals with the right to health and social care available to everyone in the municipality. It includes rules for how society must assist everyone who needs help and cannot get help from anywhere else.
A suspension means that the Migration Agency or a Migration Court decides to suspend a person’s journey back to their home country or to another country temporarily.
The Aliens Act is a law that contains, among other things, the rules for whether an asylum seeker is permitted to remain in Sweden or not. The parliament passes laws.
Trustee means a person who takes care of the interests of a child seeking asylum when their parents are not able to do this.
Source: www.lsu.se, www.migrationsverket.se, www.rfsl.se