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IMMIGRATION

‘Saddam’s body guard’ to be deported from Sweden

An Iraqi man who claimed to have worked as a bodyguard for Saddam Hussein is to be deported from Sweden despite findings by the Swedish Migration Board (Migrationsverket) that his life is at risk if he returns to Iraq.

The government decided to deport the 45-year-old man because the Swedish security service Säpo judges the man to be a security risk, according to Sveriges Radio (SR).

The man came to Sweden in 2003, and his wife and sons have all been granted permanent residency.

The man explained in his asylum application that he had worked as a bodyguard for the family of the deposed Iraqi leader, as well as in a secret court where prisoners were tortured.

In a 2006 decision, the Migration Board wrote that it would be dangerous for the 45-year-old to return to Iraq.

“It can’t be ruled out that the man may be recognized and as a result subject to extrajudicial measures directed at his person or his life,” wrote the Migration Board.

But the man is nevertheless set to be deported from Sweden because of Säpo’s assessment.

The justification for Säpo’s decision to classify the man as a security risk remains classified.

The government weighed in on the question and has decided that the deportation should be carried out.

According to lawyer Birgitta Elfström, who works with human rights issues, the government is making the wrong decision.

She claims it is against the law to deport someone whose life is at risk, even if that person is a security risk.

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READER QUESTIONS

Reader question: How do you meet the requirements for a sambo visa?

In Sweden, a sambo is domestic partner – someone you’re in a relationship with and live with, but to whom you aren’t married. If you, as a non-EU citizen, are in a sambo relationship with a Swedish citizen, you can apply for a residence permit on the basis of that relationship. But meeting the requirements of that permit is not always straightforward.

Reader question: How do you meet the requirements for a sambo visa?

An American reader, whose son lives with his Swedish partner, wrote to The Local with questions about the maintenance requirement her son and his partner must meet in order to qualify for a sambo resident permit.

“Their specific issue is that they meet the requirements for a stable relationship and stable housing, but have been told that qualifying for a sambo visa based on savings is unlikely,” she wrote, asking for suggestions on how to approach this issue. Her son’s partner is a student with no income, but whose savings meet maintenance requirements. But, they have been told by lawyers that Migrationsverket will likely deny the application based on the absence of the Swedish partner’s income.

How do relationships qualify for sambo status?

In order to apply for a residence permit on the basis of a sambo relationship, you and your partner must either be living together, or plan to live together as soon as the non-Swedish partner can come to Sweden. Because this reader’s son is already in Sweden as a graduate student, he can apply for a sambo permit without having to leave the country, provided that his student permit is still valid at the time the new application is submitted.

The Migration Agency notes that “you can not receive a residence permit for the reason that you want to live with a family member in Sweden before your current permit expires”. So once your valid permit is close to expiration, you can apply for a new sambo permit.

What are the maintenance requirements for a sambo permit?

The maintenance requirements for someone applying for a sambo permit fall on the Swedish partner, who must prove that they are able to support both themselves and their partner for the duration of the permit. This includes both housing and financial requirements.

In terms of residential standards that applicants must meet, they must show that they live in a home of adequate size – for two adult applicants without children, that means at least one room with a kitchen. If rented, the lease must be for at least one year.

The financial requirements are more complicated. The Swedish partner must be able to document a stable income that can support the applicant and themselves – for a sambo couple, the 2022 standard is an income of 8,520 kronor per month. This burden falls on the Swedish partner.

While the Migration Agency’s website does say that you may “fulfil the maintenance requirement (be considered able to support yourself) if you have enough money/taxable assets to support yourself, other persons in your household and the family members who are applying for a residence permit for at least two years”, it is unclear how proof of this would be documented. On a separate page detailing the various documents that can be used to prove that maintenance requirements are met, there is nothing about how to document savings that will be used to support the couple.

Can you apply on the basis of savings instead of income?

Well, this is unclear. The Migration Agency’s website does suggest that having enough money saved up to support both members of the sambo relationship is an option, but it gives no details on how to document this. It is also unclear whether applying on the basis of savings will disadvantage applicants, with preference given to applicants who can show proof of income from work.

The Local has reached out to an immigration lawyer to answer this question. 

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