Immigration for Same Sex Partners to Sweden

Immigration laws can reveal differing values in countries around the world. Fortunately, HR professionals and recruiters sending staff to Sweden will discover that immigration for same-sex partners to Sweden is quite liberal.

Are you planning to bring foreign talent to Sweden? Reach out to us to get more information about our services. 

Understanding LGBTQ Rights and Laws in Sweden

From a historical point, Sweden has long been at the forefront of LGBTQ rights, having been one of the first countries to decriminalize sexual acts between members of the same sex in 1944.

Is same-sex marriage legal in Sweden?

Yes, it is. Sweden was among the first countries to recognize same-sex marriage, in 2009. Prior to this, same-sex couples in Sweden had the option of entering into what was called a “registered partnership,” which gave them almost equal rights to those of a married heterosexual couple.

Since the introduction of same-sex marriage in 2009, registered partnership has been abolished and Swedish marital laws have become completely gender neutral. This has had many positive impacts in several legal areas – including Swedish immigration law.

Sweden recognizes same-sex marriage. All rights accorded to a heterosexual marriage – like tax, property, inheritance law, and the procedure for divorce – are the same in a same-sex marriage. This also means that Swedish immigration law makes no difference between same-sex partners and heterosexual partners immigrating to Sweden.

Immigration Guidelines:

Accompanying a spouse/partner who is working

As HR professionals and recruiters, it’s crucial to understand the specific guidelines for facilitating the relocation of a spouse or partner who is accompanying an employee to Sweden.

Non-EU

• If you are a citizen of a non-EU country and are a spouse, registered partner or cohabiting partner (common law spouse) of a person who has a work permit, you can receive a residence permit for the same period.

• If your partner’s work permit is for more than six months, you can also receive a work permit of your own.

• If you and your same-sex partner are neither married nor in a registered partnership, you must submit evidence to show that you have been in a cohabiting relationship for at least six months prior to your application. Such evidence may include joint leases, joint bank accounts and joint bills. 

EU

• As an EU-citizen you have the right to work in Sweden without a work permit or a residence permit. This is called the right of residence and also includes your same-sex partner and family if they are EU-citizens.

• If you are an EU-citizen, but your partner/family is not, and you intend to stay in Sweden for longer than three months, they should apply for residence cards at the Swedish Migration Agency.

Moving to your spouse/partner in Sweden

• If you are married to, have entered into a registered partnership with, or are the cohabiting partner of someone who lives in Sweden, you are entitled to receive a residence permit. Your partner should register your marriage or partnership with the Swedish Tax Agency.

• To qualify as a cohabiting partner, you must have resided with your partner for at least two years outside of Sweden. The Swedish Migration Agency will require you to submit evidence to show that you and your partner have been registered at the same address for such time.

How HR Can Support Same-Sex Partners

• Understand the Legal Framework: Ensure your HR team is well-versed in Swedish immigration laws.
• Provide Comprehensive Relocation Assistance: Assist with finding housing, registering with local authorities, and understanding local customs and laws.
• Foster an Inclusive Workplace Environment: Promote a culture of inclusivity and support for LGBTQ employees to ensure a smooth transition and integration into the workplace.

Benefits of a Diverse and Inclusive Workforce

Creating a diverse and inclusive workforce offers numerous advantages for organizations, particularly in a competitive global market. Here’s how supporting same-sex partners, fostering an inclusive environment, and bringing talent from abroad can benefit your company:

1. Enhanced Company Reputation: By actively supporting diversity and inclusion, your company can build a strong, positive reputation. This reputation not only attracts top talent from various backgrounds but also enhances your brand’s image among customers, partners, and the wider community. Companies known for inclusivity are often seen as forward-thinking and socially responsible, which can be a significant differentiator in the market.
2. Attracting Top Talent: Talented individuals, especially from younger generations, are increasingly seeking employers who prioritize diversity and inclusivity. A welcoming environment for all employees, regardless of sexual orientation, gender identity, or other, makes your company more appealing to a broader range of candidates. This inclusive approach broadens the talent pool and allows you to select the best candidates from a diverse array of applicants.
3. Improving Employee Satisfaction and Retention: Inclusive workplaces where employees feel valued and respected contribute to higher levels of job satisfaction. Employees who are comfortable being their authentic selves at work are more likely to stay with the company longer, reducing turnover rates. Furthermore, satisfied employees often perform better, are more engaged, and are more likely to recommend your company as a great place to work, which can aid in recruitment efforts.
4. Fostering Innovation and Creativity: Diversity brings different perspectives, ideas, and approaches to problem-solving. In an inclusive environment, employees feel safe to share their unique viewpoints, leading to more innovative solutions and creative ideas. This diversity of thought is crucial for driving innovation and maintaining a competitive edge in your industry.
5. Compliance and Legal Benefits: By supporting a diverse workforce and adhering to inclusive practices, companies can avoid potential legal issues related to discrimination and workplace equality. This proactive approach not only ensures compliance with local and international laws but also minimizes the risk of costly lawsuits and the associated damage to the company’s reputation.
6. Enhanced Employee Well-being and Productivity: A supportive and inclusive environment contributes to the overall well-being of employees. When individuals feel accepted and supported, they experience less stress and anxiety, which positively impacts their health and productivity. Companies that prioritize well-being often see reduced absenteeism and higher levels of employee engagement.

By fostering an inclusive environment and embracing international talent, your company leverages a rich tapestry of experiences and skills, positioning itself as an employer of choice in a globalized economy. This strategy not only aligns with ethical standards but also provides tangible business benefits, making diversity and inclusion a strategic imperative for modern organizations.

LGBTQ Culture in Sweden

Sweden is renowned for being one of the most LGBTQ-friendly countries in the world. This progressive stance is reflected in the equal rights afforded to same-sex couples and the inclusive nature of Swedish society.

Rights such as joint adoption, access to IVF treatment, and step-child adoption are granted to same-sex couples on the same basis as to heterosexual couples. The Swedish military has accepted non-heterosexual persons since 1976, and there have been active anti-discrimination laws for many decades.

The LGBTQ community is well integrated into Swedish society, with several gay-pride festivals organized annually. The largest is Stockholm Pride, held each summer, which attracts significant global attention.

Contact us

Our immigration team can advise you on immigration matters tailored to the specific circumstances of your employees. We are proud to say that Sweden is open and liberal.

If you’re planning to bring foreign talent to Sweden, navigating an unfamiliar culture and immigration process can be challenging. Luckily, we’re here to help you every step of the way. Let’s get your new talent down to business.