Swedish media reported the baby's deportation orders (received by the family in January) widely over the weekend.
The Swedish Migration Agency ruled that as the boy's mother had residency through the track change or spårbyte rule at the time he was born, the residency he received as a dependent was no longer valid.
The rest of his family has received a residence permit as relatives of the mother, but since the boy was born after the new law was applied, he could not receive a residence permit in the same way. This means that the 8-month-old has been ordered to leave Sweden alone.
The Migration Agency ruled that the boy did not qualify for a permit under the "exceptionally distressing circumstances" safety clause.
Swedish national newspaper Dagens Nyheter published an interview with the Migration Agency where they are quoted as saying that it was not possible for the agency to act any other way, given the changes in the law.
“We commented on the effects [this law change] would have on relatives,” press officer Jesper Tengroth told DN, explaining that the agency had warned about this issue in the consultations to the bill.
"What I can say is that in general, if there is no paragraph to base a residence permit on, the Swedish Migration Agency cannot issue one."
DN also had a comment from Migration Minister Johan Forssell (M), who himself was involved in deciding the change in the law, saying that the resulting deportation of this baby "sounds unreasonable”.
These comments were echoed by Swedish Prime Minister Ulf Kristersson (M), whose party put the law into force. "We do not deport small children separately from their parents," he said.
"Every thinking person realizes that a baby cannot leave the country on its own," wrote Ebba Busch, leader of the Christian Democrats, and a fellow member of the government which put the relevant law through parliament.
There is no legal basis to grant the child a residence permit, according to the Swedish Migration Agency.
The mother received a work permit via a track change in 2022, but the possibility of a track change was removed in April 2025 and the change in law was implemented without transitional provisions. Since the boy was born after that, he cannot receive a residence permit as a relative of his mother.
"No adjustments were made to the law to be able to handle the consequences that arose when the provision was removed," Louise Dane, a lawyer at the Asylum Service, told newswire service TT.
A request to appeal the decision is currently before the Migration Court.
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