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Citizenship by Birth

Rules and regulations for acquiring Swedish citizenship at birth, including parental citizenship requirements.

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Citizenship by Birth in Sweden: A Comprehensive Guide

Sweden’s citizenship laws are governed by the Swedish Citizenship Act (Lag om svenskt medborgarskap, 2001:82), which outlines the rules and procedures for acquiring, retaining, and losing Swedish citizenship. Citizenship by birth in Sweden is not automatically granted to all children born in the country. Instead, it is determined by jus sanguinis (right of blood), meaning that the citizenship of the parents plays a crucial role. Below is a detailed explanation of how citizenship by birth works in Sweden, including relevant regulations, procedures, costs, and unique considerations.

1. Key Principles of Citizenship by Birth in Sweden

Sweden does not follow the principle of jus soli (right of soil), where citizenship is granted based on being born in the country. Instead, Swedish citizenship is primarily passed down through parents. The following rules apply:

a) Automatic Citizenship by Birth

A child automatically becomes a Swedish citizen at birth if:

  • At least one parent is a Swedish citizen at the time of the child’s birth, regardless of where the child is born.
  • The child is born in Sweden or abroad to a Swedish parent.

b) Adopted Children

A child under the age of 12 who is adopted by a Swedish citizen automatically acquires Swedish citizenship if the adoption is approved or recognized under Swedish law.

c) Children Born to Non-Swedish Parents

If neither parent is a Swedish citizen, the child does not automatically acquire Swedish citizenship, even if born in Sweden. However, the child may later apply for citizenship through naturalization or other legal pathways.

2. Special Cases

There are specific scenarios where Swedish citizenship may be granted or recognized under unique circumstances:

a) Children Born to Stateless Parents

If a child is born in Sweden to parents who are stateless (i.e., they have no citizenship in any country), the child may acquire Swedish citizenship under certain conditions. This is in line with Sweden’s obligations under the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

b) Foundlings

A child found in Sweden whose parents are unknown is presumed to be a Swedish citizen unless proven otherwise.

3. Application for Citizenship for Children

If a child does not automatically acquire Swedish citizenship at birth, the parents or legal guardians can apply for citizenship on the child’s behalf. This is typically done through a process called notification (anmälan) or naturalization (ansökan om medborgarskap).

a) Notification (Anmälan)

Notification is a simplified process available for children under certain conditions. For example:

  • A child under 18 years old can acquire Swedish citizenship through notification if one parent becomes a Swedish citizen and the child resides in Sweden.

b) Naturalization (Ansökan om medborgarskap)

If the child does not qualify for notification, they may apply for citizenship through naturalization. This process requires meeting specific residency and integration requirements.

4. Costs Associated with Citizenship Applications

While automatic citizenship by birth incurs no costs, applying for citizenship through notification or naturalization involves fees. As of 2023:

  • The application fee for citizenship by notification for children is SEK 175.
  • Fees are subject to change, so it is advisable to check the latest information on the Swedish Migration Agency (Migrationsverket) website.

5. Standard Procedures

The process for determining or applying for Swedish citizenship for a child involves the following steps:

a) Automatic Citizenship

  • No action is required if the child automatically acquires Swedish citizenship at birth. Parents may need to register the child’s birth with the Swedish Tax Agency (Skatteverket) to obtain a personal identity number (personnummer) and ensure the child is entered into the Swedish population register.

b) Notification or Application

  • If the child does not automatically acquire citizenship, parents or guardians must submit an application to the Swedish Migration Agency (Migrationsverket).
  • Required documents typically include:
    • The child’s birth certificate.
    • Proof of the parents’ citizenship(s).
    • Proof of legal custody.
    • Any additional documents requested by the Migration Agency.

c) Processing Time

  • Processing times vary depending on the complexity of the case and the volume of applications. It is advisable to check the Migration Agency’s website for current estimates.

6. Unique Considerations in Sweden

Sweden’s approach to citizenship by birth has several unique aspects that are important to understand:

a) Dual Citizenship

Sweden allows dual or multiple citizenships. A child who acquires Swedish citizenship at birth or later in life can retain their other citizenship(s), provided the laws of the other country permit it.

b) Gender Equality

Sweden’s citizenship laws are gender-neutral. A child can acquire Swedish citizenship from either the mother or the father, provided at least one parent is a Swedish citizen.

c) Integration and Residency

For children born to non-Swedish parents, acquiring Swedish citizenship later in life often requires meeting residency and integration requirements. This reflects Sweden’s emphasis on ensuring that new citizens are well-integrated into society.

d) Statelessness Prevention

Sweden is committed to preventing statelessness, particularly for children born in the country. Special provisions exist to grant citizenship to stateless children, ensuring compliance with international conventions.

7. Relevant Authorities

The following authorities are responsible for matters related to citizenship in Sweden:

  • Swedish Migration Agency (Migrationsverket): Handles applications for citizenship by notification or naturalization.
  • Swedish Tax Agency (Skatteverket): Registers births and issues personal identity numbers for children born in Sweden.
  • Swedish Ministry of Justice: Oversees the legal framework for citizenship.

8. Additional Resources

For more information, you can consult the following resources:

  • Swedish Migration Agency (Migrationsverket): www.migrationsverket.se
  • Swedish Tax Agency (Skatteverket): www.skatteverket.se
  • Swedish Citizenship Act (2001:82): Available in Swedish on the Swedish Parliament’s website.

Summary

In Sweden, citizenship by birth is primarily determined by the citizenship of the parents, not the place of birth. A child automatically acquires Swedish citizenship if at least one parent is a Swedish citizen. For children born to non-Swedish parents, citizenship can be obtained later through notification or naturalization. Sweden’s laws are designed to prevent statelessness and allow dual citizenship, reflecting the country’s commitment to inclusivity and international obligations. For specific cases, it is always advisable to consult the Swedish Migration Agency or legal experts specializing in Swedish immigration law.