You have three weeks, the appeal goes back through Migrationsverket first, and the final court takes only cases that set precedent.
Overview
Refusals of Swedish residence permits, work permits and citizenship are decided at first instance by the Swedish Migration Agency (Migrationsverket). The appeal mechanics are distinctive: you normally have three weeks from the day you were informed of the decision, and the appeal is submitted to Migrationsverket itself, which must first reconsider whether its decision was wrong — if it does not change the decision, it forwards the appeal to a migration court (migrationsdomstol). There are four migration courts, sitting within the administrative courts in Stockholm, Gothenburg, Malmö and Luleå; visa decisions made by Swedish missions abroad are appealed to the Migration Court in Gothenburg. A migration court judgment can be appealed within three weeks to the Migration Court of Appeal (Migrationsöverdomstolen) at the Administrative Court of Appeal in Stockholm, but it requires leave to appeal and takes mainly cases needed to guide the law. Appealing costs nothing in court fees, and a fresh application can usually be lodged at any time. Verified against migrationsverket.se and domstol.se as of June 2026.
The Appeal Chain
| Stage | Body | Deadline / requirement |
|---|---|---|
| First instance | Migrationsverket (or a Swedish embassy/consulate for visas) | Decision letter states whether and how it can be appealed |
| Reconsideration + appeal | Appeal submitted in writing to Migrationsverket | Normally 3 weeks from the day you were informed of the decision; Migrationsverket first reviews whether to change its own decision (omprövning) |
| Judicial review | Migration court (migrationsdomstol) at the administrative courts in Stockholm, Gothenburg, Malmö or Luleå | Forwarded automatically if Migrationsverket does not change the decision; embassy visa refusals go to the Migration Court in Gothenburg |
| Final instance | Migration Court of Appeal (Migrationsöverdomstolen) at the Administrative Court of Appeal in Stockholm | Appeal within 3 weeks of the migration court's judgment; leave to appeal (prövningstillstånd) required — granted mainly for precedent-setting questions |
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See Paid Plans →Frequently Asked Questions
How long do I have to appeal a refusal from Migrationsverket?
Normally three weeks from the day you were informed of the decision — the decision letter states the exact deadline and where to send the appeal. The appeal is submitted in writing to Migrationsverket, not directly to the court. Identify the decision by case number, explain how you want it changed and why it is wrong, and attach evidence aimed at the stated refusal grounds. If the appeal arrives late, the decision gains legal force and the court will not hear it, so confirm receipt before the deadline rather than trusting the post.
Why does my appeal go back to Migrationsverket instead of straight to a court?
Swedish administrative procedure requires the deciding agency to reconsider first. When your appeal arrives, Migrationsverket reviews whether its own decision was incorrect — if it agrees, it can change the decision itself and the matter ends there, which is the fastest possible win. If it stands by the refusal, it forwards your appeal and the case file to the competent migration court automatically; you do not need to file anything with the court yourself. This reconsideration step costs you nothing and does not consume your right to judicial review.
Which court will hear my case, and does it cost anything?
One of four migration courts, sitting within the administrative courts in Stockholm, Gothenburg, Malmö and Luleå — jurisdiction follows where you live, except that visa decisions made by Swedish embassies and consulates are appealed to the Migration Court in Gothenburg, which handles them nationally. There is no court fee for the appeal. You pay your own legal costs if you hire a lawyer; in asylum cases a public counsel is normally appointed at state expense, but in work permit, family reunification and citizenship cases there is no automatic free representation.
Can I take my case beyond the migration court if I lose?
Only with leave. A migration court judgment can be appealed within three weeks to the Migration Court of Appeal (Migrationsöverdomstolen), which sits at the Administrative Court of Appeal in Stockholm — but it requires leave to appeal (prövningstillstånd), granted mainly where the legal question needs precedent or there are extraordinary grounds. The overwhelming majority of cases are not granted leave, so treat the migration court as the realistic final instance. Where leave is granted, the resulting judgment guides Migrationsverket and all four migration courts in future cases.
Is it better to appeal or simply submit a new application?
It depends on what went wrong. An appeal only re-examines the decision that was made on the application as it stood — if the refusal was legally wrong, appeal. But if the refusal turned on a fixable defect (salary below SEK 33,390, insurance not on collective-agreement level, a missing document), a corrected fresh application is usually faster, because there is generally no waiting period before reapplying. Beware one trap from the June 2026 reforms: the rules applied are those in force at the decision, so a new application is assessed under the new salary requirement even if your first one was filed under the old rules.
Can I stay and work in Sweden while my appeal is being decided?
Often, but it depends on your situation. If you applied to extend a work permit before your old permit expired, you generally have the right to remain and keep working for the same employer while the application — and an appeal of a refusal — is pending. A first-time applicant who applied from abroad has no right to enter or stay merely because an appeal is running. If your refusal came with an expulsion or refusal-of-entry decision, the decision letter states whether it can be enforced before it gains legal force; take legal advice quickly, because timelines run from notification.