The new rules give the Swedish Migration Board increased opportunities to refuse or revoke residence permits on the grounds of poor conduct or a dishonest lifestyle.
This means that actions that are not criminal in themselves but are considered to violate society's rules should be taken into account.
The specific actions that can lead to a person being denied or deprived of a residence permit are not explicitly stated in the legal text, which the Legal Council has pointed out as a shortcoming.
Begging and prostitution
But the government gives examples of crime, posing a threat to public order and safety, not following government decisions and regulations, systematically ignoring debts or fines, and working illegally.
A single debt that is unusually high or repeated fines for speeding may constitute poor conduct, but it is always a matter of an overall assessment, says Alexander Szögi, communications officer at the Swedish Migration Board.
"We cannot say in advance whether a person lacks care and honesty. It is always a matter of individual assessment, where misconduct is assessed by weighing the individual's rights to a residence permit against society's interest in caring residents," he says.
Broadly speaking, dishonest livelihood constitutes misconduct, but begging or prostitution are not included. Taking advantage of welfare systems, such as providing false information, also comes into play.
Criminal networks
Statements in themselves should not be considered misconduct, but they can be used to confirm a person's connections to violent or extremist organizations. Association with criminal networks is another factor that is taken into account.
Abuse of alcohol and drugs is not in itself a lack of character, but if it repeatedly leads to danger to others, it is taken into account in the assessment.
Influential consultation bodies, such as the Swedish Ombudsman (JO), Uppsala University and the Swedish Bar Association, have said the requirement is unclear and not sufficiently defined, and that it can lead to subjective assessments. The government, however, points out that the proposal is within the framework of regulations and international conventions.
The new legislation does not cover children under the age of 15, and if the foreigner has children, the child's best interests must be taken into account first.
