Stricter maintenance requirements for family reunification: the legal debate

By Mikkel Gerdes, Kliently. Published 2 November 2026.

Short answer: the stricter maintenance requirements are heavily criticized by migration law scholars, who calculate that a sponsor with a spouse and two children may need to earn nearly SEK 53,000 per month, and that the requirements also hit families already living together in Sweden. It is important to understand that this is a debate article, not a court ruling. The requirements are law, but how the exceptions are applied decides how hard they bite in practice.

---

In short:

• The scholars Amanda Johansson Köves and Louise Dane criticize the tightened rules in a Dagens Juridik debate article.
• A sponsor with a spouse and two children may need to earn nearly SEK 53,000 per month.
• The requirement also applies to extensions, which can split families already living in Sweden.
• Exceptions, for example for illness, risk being applied inconsistently and unpredictably.
• The debate is not a court ruling: the rules are law, but their interpretation is tested in practice.

Table of contents

• What do the scholars criticize?
• The numbers behind the criticism
• The legal argument
• The risks with exceptions

What do the scholars criticize?

In a Dagens Juridik debate article by Amanda Johansson Köves, doctor of laws in public law, and Louise Dane, doctor of laws in child and migration law, the decided tightening of conditions for family immigration is criticized. The changes were decided on 13 August 2026 through Government Bill 2025/26:301. The criticism concerns three things mainly: that the maintenance requirement is raised sharply, that a waiting period is introduced before relatives can even apply, and that the requirement also applies to extensions of permits.

The numbers behind the criticism

The authors calculate a sponsor who wants to be reunited with a spouse and two children. With the new amounts, such a family may need to show an income of nearly SEK 53,000 per month. That is a level far above many households' actual incomes, and one that makes family reunification in practice impossible for large groups. The requirement also applies not only to new applications: a family already living together in Sweden can be separated at an extension if income falls, if the family has more children, or if life circumstances otherwise change.

The legal argument

The article builds on several legal sources. Family life is a human right under Article 8 of the European Convention. Sweden is further bound by the EU Family Reunification Directive, whose starting point is that reunification should be enabled and that requirements must not make reunification unreasonably difficult. The Convention on the Rights of the Child, Swedish law since 2020, is also invoked: the UN Committee on the Rights of the Child has stated that economic reasons alone are not sufficient to separate a child from its parents. The authors question whether a monthly requirement of nearly SEK 53,000 is compatible with the best interests of the child.

The risks with exceptions

The rules contain exceptions, among other things for illness. But the authors warn that protection of fundamental rights then depends on how the exceptions are applied. Exceptions can be difficult to apply in practice, used too rarely, reduce predictability and increase the risk of similar cases being treated differently. If situations the exceptions were meant to cover become common, they may also stop being treated as exceptional. In sum, the authors argue that responsibility on authorities and courts grows: to apply the exceptions so that family life and children's rights are protected. For your family, that means a well-written application with clear grounds for exception can be decisive.

Frequently asked questions

Is this a ruling or a debate?

It is a debate article by two scholars. The rules are decided law, while the criticism concerns their consequences and compatibility with higher legal norms.

What does the requirement mean in figures?

According to the authors, a sponsor with a spouse and two children may need to earn nearly SEK 53,000 per month.

Does the requirement apply to extensions?

Yes, the maintenance requirement also applies to extensions, which can hit families already living together in Sweden.

Do exceptions exist?

Yes, among other things for illness, but the authors warn that exceptions can be applied inconsistently and with difficulty.

What does it mean for us?

Document your incomes carefully and assess early whether grounds for exception could apply to your family. A migration lawyer can help with both.

Sources

• Skärpta villkor för anhöriginvandring, Dagens Juridik

Recommendations

• Family immigration and ties, legal help
• Work permits in Sweden, legal help
• Permit extensions, migration lawyer

This is general information about rules that may change and does not constitute legal advice. For an assessment of your specific case, contact a lawyer.