Swedish Citizenship Act (1950:382)
|Publisher||National Legislative Bodies|
|Author||Kingdom of Sweden|
|Publication Date||1 January 1951|
|Cite as||Swedish Citizenship Act (1950:382) [Sweden], 1 January 1951, available at: http://www.refworld.org/docid/3ae6b5078.html [accessed 19 June 2013]|
|Comments||This is an unofficial consolidated translation edited in October 1995.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Section 1A child acquires Swedish citizenship by birth
1.if the mother is a Swedish citizen;
2.if the father is a Swedish citizen and married to the child's mother;
3.if the father has died but at the time of his death was a Swedish citizen and married to the child's mother.Any foundling discovered in Sweden shall be deemed to be a Swedish citizen until another status has been determined.
Section 1aA child under twelve years who has been adopted by a Swedish citizen becomes a Swedish citizen in connection with adoption
1.if the child is adopted in Sweden, Denmark, Finland, Iceland or Norway, or
2.if the child is adopted by virtue of a foreign adoption decision which has been approved in Sweden under the Act on International Legal Procedures relating to Adoption (1992:392)
Section 2When a Swedish man marries a woman who is an alien any child of theirs born before their marriage becomes a Swedish citizen provided that the child is unmarried and under eighteen years of age.
Section 2aIf a child has not acquired Swedish citizenship pursuant to Section 1 or 2 but if the child's father has been a Swedish citizen since its birth and by a final judgment of a Swedish court has been given sole custody of the child, or joint custody with the child's mother, the child acquires Swedish citizenship if the father notifies or, in the case of joint custody, the parents notify in writing the relevant authority indicated in Section 11, first paragraph, of his or their wish to this effect before the child reaches the age of eighteen. If the child has reached the age of fifteen, his or her consent is required.
Section 3An alien who has been domiciled in Sweden without interruption since reaching the age of sixteen and who has, furthermore, been previously domiciled here for at least a total of five years may acquire Swedish citizenship at any time after his twenty-first but before his twenty-third birthday by notifying in writing the relevant authority indicated in Section 11, first paragraph, of his desire to become a Swedish citizen. Anyone who is not a citizen of any state or who proves that he would lose his foreign citizenship by acquiring Swedish citizenship may, however, make such a notification when he reaches the age of eighteen, provided that, at the time of notification, he has been domiciled in Sweden for the past five years and been previously domiciled here for a total of at least five years. Should Sweden be at war, the provisions of the first paragraph of this Section shall not apply to a citizen of an enemy state or to a person who has been a citizen of such a state but has lost such citizenship without acquiring the citizenship of another state.
Section 4If a person who is a Swedish citizen by birth and has been domiciled without interruption in Sweden up to the age of eighteen has lost his Swedish citizenship, this person may recover his citizenship after having been domiciled in Sweden for two years by notifying in writing the relevant authority indicated in Section 11, first paragraph, of his wish to this effect. A person who is a citizen of a foreign state does not, however, recover his Swedish citizenship unless he proves that thereby he would lose his foreign citizenship.
Section 5If a man who is an alien becomes a Swedish citizen in accordance with Section 3 or 4, Swedish citizenship is likewise acquired by his unmarried child who is domiciled in Sweden and has not yet reached the age of eighteen years provided that he has either the sole custody of the child or shares custody with the mother of the child, and the mother is a Swedish citizen. The provisions of the first paragraph of this section relating to children acquiring Swedish citizenship together with the father apply equally in the case of a mother and her children. If the father and the mother of an unmarried child who is domiciled in Sweden and is under the age of eighteen acquire Swedish citizenship at the same time in accordance with Sections 3 and 4, such a child also acquires Swedish citizenship if the child is in the custody of both parents.
Section 6An alien may apply for Swedish citizenship (be naturalized) if he
1.has reached the age of eighteen;
2.has been domiciled in Sweden for the past five years or, in respect of a Danish, Finnish, Icelandic or Norwegian citizen, for the past two years;
3.is, and can be expected to continue to be, of good character.Swedish nationality may be granted even though the conditions described in the first paragraph of the Section are not fulfilled
1.if it is found to be of advantage to Sweden that the applicant be granted Swedish citizenship;
2.if the applicant has formerly had Swedish citizenship or is married to a Swedish citizen, or
3.if, with regard to the applicant's circumstances, there are otherwise special reason for his being granted Swedish citizenship.Matters concerning naturalization are considered by the Swedish Immigration Board. However, the Government determines whether naturalization shall be granted on grounds that it is of advantage to Sweden. If an applicant who has foreign citizenship does not lose such citizenship through his naturalization but consent for this must be obtained from the government or some other authority in the foreign state, the acquisition of Swedish citizenship may be conditional upon the applicant submitting proof to the Swedish Immigration Board, within a specified period, that such consent has been granted. It shall be decided in a decision on naturalization whether naturalization shall also apply to the applicant's unmarried children under the age of eighteen.
Section 7Swedish citizenship is lost by
1.any person who acquires foreign citizenship after applying for such citizenship or explicitly consents to receive the same;
2.any person who acquires foreign citizenship by entering the public service of another state;
3.an unmarried child under the age of eighteen who becomes a foreign citizen because foreign citizenship is acquired in the manner indicated above in this Section, by his or her parents if they both have custody of the child or by either of them, if he or she has sole custody, or has custody jointly with the other parent and the latter parent is not a Swedish citizen.
Section 7aThe provisions of the second and third paragraphs apply in regard to states with which Sweden has entered into an agreement on this matter. A Swedish citizen who has acquired citizenship from birth through his father or mother also in a contracting state loses his Swedish citizenship when he reaches the age specified in the agreement. This age may not be less than nineteen years and not more than twenty-two years. This provision applies if he has been domiciled in the other state for at least five years. In cases to which the second paragraph relates, the rules in Section 8, second paragraph, are applicable if nothing to the contrary is stated in the agreement. A person who, pursuant to the second paragraph, has lost his Swedish citizenship and has then without interruption been a citizen of the contracting state indicated there, may regain his Swedish citizenship by, after having taken up domicile in Sweden, notifying in writing the authority indicated in Section 11, first paragraph, of his wish to this effect. When citizenship is acquired in such a way, the rules in Section 4, the last sentence, and in Section 5 are to apply.
Section 8A Swedish citizen who was born outside Sweden and has never had domicile here, nor resided here in circumstances indicating ties with Sweden, and who does not lose his Swedish citizenship pursuant to Section 7a, second paragraph, loses his Swedish citizenship when he reaches the age of twenty-two. If he applies before then, the Swedish Immigration Board may however permit him to retain his citizenship. When a person loses his Swedish citizenship pursuant to the first paragraph of this section, the loss of citizenship shall also apply to any of his children who have acquired citizenship as a consequence of the fact that he was a Swedish citizen, unless the loss of Swedish citizenship would mean that such a child is thus deprived of citizenship of any state.
Section 9The Swedish Immigration Board, if applied to, may release anyone, who is or wishes to become a foreign citizen, from his Swedish citizenship. Such release may not be refused if the person concerned is domiciled outside Sweden. If the applicant is not already a foreign citizen, his release from his Swedish citizenship must be conditional on his acquisition of the citizenship of another state within a certain period of time.
Section 9aThe Swedish Immigration Board or the Aliens Appeal Board may submit a matter such as is referred to in Section 6, Section 8, the first paragraph, or Section 9 to the Government for a decision, if
1.the matter is judged to be of importance for the safety of the realm or for public safety in general or for the country's relations with a foreign power or international organization,
2.it is judged to be particularly essential for guidance in the implementation of this Act that the matter is examined by the Government, or
3.there are other special reasons for an examination by the Government.If the Swedish Immigration Board has submitted a matter in cases referred to in the first paragraph, sub-section 2 or 3, the Government shall consult the Aliens Appeal Board before taking a decision, unless the particular urgency of the matter prevents this. The Government may submit such a matter to the Board for a decision.
Section 10After agreement with Denmark, Finland, Iceland or Norway, the Government may prescribe the application of one or more of the provisions in (a) (c) below. The term "contracting state" in these provisions means any state or states with which Sweden has concluded an agreement on the application of the provision in question.
(a)In respect of notification pursuant to Section 3, domicile in a contracting state shall be deemed equivalent to domicile in Sweden in so far as the period of domicile in the contracting state took place before the applicant reached the age of sixteen and more than five years before the notification;
As far as Section 4 is concerned, domicile up to the age of twelve in a contracting state shall be deemed equivalent to domicile in Sweden;
The provisions of the first paragraph in Section 8 shall not apply to a person who has been domiciled in a contracting state for at least seven years in all.
(b)A citizen of a contracting state who has
1.acquired citizenship other than through naturalization;
2.reached the age of eighteen;
3.been domiciled in Sweden for the past five years;
4.not been sentenced to imprisonment during that period
may acquire Swedish citizenship by notifying in writing the County Administrative Board in the county in which he is entered in the parochial register of his wish to this effect. The provisions of Section 5 shall apply mutatis mutandis to such acquisition of citizenship.
(c)Any person who has lost his Swedish citizenship and has thereafter been without interrruption a citizen of a contracting state may recover his Swedish citizenship, after becoming domiciled in Sweden, by notifying in writing the County Administrative Board in the county in which he is entered in the parochial register of his wishes in this respect. The provisions of Section 5 shall apply mutatis mutandis to such acquisition of citizenship.
Section 11A notification pursuant to Sections 2a, 3, 4 or 7a shall be made to the Swedish Immigration Board. If the alien is a citizen of Denmark, Finland, Iceland or Norway, the notification shall however be made to the County Administrative Board in the county in which he is entered in the parochial register. It is incumbent upon the authority to which the notification is made thus, or pursuant to Section 10, to issue a decision whether or not Swedish citizenship has been acquired on grounds of the notification. The Aliens Appeals Board may, upon application, issue a declaration that a person is a Swedish citizen. Matters of the kind referred to in the first paragraph may not, however, be examined in this manner.
Section 12Under this Act, appeals against a decision of the Swedish Immigration Board are lodged with the Aliens Appeals Board except in cases to which the second paragraph relates. Under Section 11, appeals against a decision of a County Administrative Board, the Swedish Immigration Board or the Aliens Appeals Board, may be lodged with the Administrative Court of Appeal. No appeal may be lodged against decisions of the Aliens Appeals Board except in cases to which the second paragraph refers. Chapter 7, Section 3, paragraph 2 of the Swedish Aliens Act contains provisions regulating the Aliens Appeals Board. Leave to appeal is required for appeals lodged with the Administrative Court of Appeal.
Section 13Any person who has attained the age of eighteen years may himself, irrespective of his being in the custody of another person, make an application or notification under the provisions of this Act. Except in a case to which Section 2a relates, notification may not be made through a guardian or custodian.
Section 13aRegarding adopted children, if the child's acquisition or loss of Swedish citizenship is due to the fact that the father or mother has acquired or lost such citizenship, the provisions of this Act only apply
1. if the child has been adopted in Sweden, Denmark, Finland, Iceland or Norway,
2. if the child has been adopted by virtue of a foreign decision which has been approved in Sweden under the Act on International Legal Procedures relating to Adoption (1971:796), or
3. if a father or a mother has adopted his/her own child. Act 1992:392