The Blurry Moral Conduct Assessments in Sweden: The Rise of Crimmigration in Swedish Asylum and Migration Policies
Conduct assessment - Vandelsprövning [Swedish] - safe to say a broadly unknown word for most native Swedish speakers. Until now. A word that has sparked a debate on so-called ‘Swedish values and morals’, placed on the forefront of conservative national debates on migration and integration. A legally blurry term, re-introduced with the current government budget and reform proposition of 2022, the Tidö agreement, appears at a pivotal moment as Sweden undergoes a paradigm shift in its migration and asylum policies.
20th of November 2024: A government session held by the Swedish Department of Justice results in a call for an official government investigation of the current Swedish Foreign Act (SFS:2005:716) and the aliens decree (SFS 2006:97). The investigator should review current legislation and decrees to identify opportunities for revoking residence permits based on legal flaws, particularly where migrants and refugees cannot prove they solely rely on legal means to support themselves and their families in Sweden. This moral conduct assessment, rooted in the concept of hederligt levnadssätt or vandelsprövning [Swedish], examines the legality of means of support for migrants and refugees applying for or seeking extensions of residence permits in Sweden. The investigation will also look into what other legal reasons could be used to revoke the residence permits. The investigation is to be officially presented during 2025.
The legal origins of moral conduct assessment in Swedish law
Already established in the former Swedish foreign act of 1980, moral conduct assessment was used as one of the means to determine whether there are valid reasons to deny a foreigner a residence permit in Sweden. This decision of rejection must be determined within the first 3 months upon the arrival of the individual to Sweden. The types of flaws in conduct, or bristande vandel, that would prevent a successful permit as stated in paragraph 29 (1980:376) are:
1) Insufficient Financial Support funds for his/hers stay in Sweden or in another Nordic Country
2) Failure to earn a honest living
3) Criminal conduct
4) Sabotage, espionage or illegal intelligence activities
5) International sanctions*(1)
Furthermore, moral conduct assessment is also used as a means to determine legal grounds for deportation, as stated in paragraph 43 (1980:376):
1). If the foreigner professionally engages in prostitution or otherwise fails to make an honest living
2). “If the foreigner has an addiction to substances such as alcohol or drugs and is therefore found to be dangerous to someone else's personal safety or living in a grossly disruptive manner”.
Decisions on deportation are made after the initial 3 months of arrival.
The 1980 foreign act was replaced in 1989 by a new foreign act (1989:529), which has since then undergone several changes (2001:201, 2005:176, 2017:22), and also additional changes in 2020-2024 in relation to a new legislation on terrorism (2022:666) which introduces several modifications on the foreign act in terms of heightened monitoring of foreigners in relation to national security concerns. As for the term of vandel, it is last seen in the modifications of the 1989 foreign act from 2001 (SFS:2001:201), stated that in relation of the process of applications of residence permits, it should be “taken into account if the foreigner can be expected to carry out honest conducts”. As with the current foreign act (2005:176) the term vandel is no longer explicitly mentioned.
The blurry legality of moral conduct assessments
Determining the legal character of the stay of a migrant, refugee or asylum seekers based on these conduct assessments has sparked criticism as it paves the way for blurry legal and politically tinged interpretations.
The case of Zeljka Rolovic highlights a troubling trend. Originally from Montenegro, Rolovic fled sex trafficking in her home country, only to be a victim of trafficking again in Gothenburg, Sweden. In 2020, she was found by the police and handed over to Talita, a non-profit NGO that helps individuals leave prostitution, where she later began working. However, in 2024, the Swedish Migration Agency decided to deport her back to Montenegro, citing uncertainties about her employment with the NGO and criminal charges for her "unlawful behavior" in Montenegro. These charges were based on slander from Rolovics ’former exploiter, who is currently facing charges in Montenegro - a place Zeljka fears returning to. This case underscores the dangers of moral conduct assessment as they tend to re-victimize and criminalize individuals who have already suffered from crime and exploitation. This is also noteworthy as prostitution is legal in Sweden, however purchasing “sexual services” is a crime.
As exemplified with this case, border control is increasingly moving within countries, focusing on monitoring immigrants and controlling their behavior even after entry. Temporary residence permits are often conditioned on compliance with expanding requirements. This trend results in more actions being criminalized and increased surveillance to prevent these crimes. Moral conduct assessments, as in the case of Sweden, creates here an expansion of the conduct assessment into an evaluation of the character of a migrant or/and refugee, criminalising these in a very unpredictable way.
Why is the Swedish government expanding the use of moral conduct assessments for migrants and refugees?
The issue of moral conduct assessments was largely absent during the 2000s, including the 2016 asylum policy overhaul, and only resurfaced in the 2020s. The former Social Democratic government then advocated for expanding conduct assessments. The 2016 shift to temporary residence permits made lifestyle a factor in permanent residency, which was later incorporated into the Aliens Act.
The recent request in November 2024 emerged from the official government agreement and reform proposals for the 2022-2026 election period, specifically the Tidö Agreement, signed by the four-party coalition of the Moderate Party (Moderaterna), the Liberal Party (Liberalerna), the Swedish Democrats (Sverigedemokraterna), and the Christian Democrats (Kristdemokraterna).
The increased emphasis on assessing migrants' and refugees' conduct and their "ability to integrate" into Swedish society as a condition for staying is also accompanied by stronger government return policies overall. The 2025 budget proposal, launched in September 2024 and having received significant media attention, includes a plan to increase “voluntary” based migrant returns in 2026 by boosting government financial support. The new proposal raises the maximum amount to 350,000 SEK (approximately 30,000 euros), a substantial increase from the current 10,000 SEK per adult, 5,000 SEK per child, and a maximum of 40,000 SEK for entire families (around 4,000 euros).
This shift in Swedish policies reflects a broader regional trend toward the securitization of migration and asylum, driven by the perceived "global migration crisis." It is closely linked to the phenomenon of "crimmigration"*(2), where immigrants' behaviors are increasingly seen as potentially illegal. As a result, minor offenses - such as benefit fraud but also prostitution - are increasingly being treated as indicators of criminal behavior and seen as signs of flaws in moral conduct. As a result, conduct assessments have gained more importance. Under this framework, these minor offenses or deviations from Swedish national norms, morals, and beliefs are scrutinized as grounds for revoking permits and potentially citizenship, as evidenced by the Swedish government's January proposal to include conduct assessments in the new requirements for Swedish citizenship.
Call for action
The blurriness of migrant and refugee conduct assessments paves the way for legally ambiguous interpretations and puts crucial rights such as migration, refugee and also now citizenship rights at stake. The increasing usage of conduct assessments, as well as the increased payments for “voluntary” migrant returns, speaks of a continuing restrictive Swedish migration and asylum shift, taking place within bigger regional and global security and geopolitical shifts. It is crucial to further investigate the legality of migrant conduct assessments in Sweden as for how it is used by Swedish public institutions and public authorities at the moment.
(1) When the individual complies with Act (1971:176) on certain international sanctions, rejections may also take place (SFS 1980:376)
(2) Crimmigration is a term that stems from mixing the two terms criminal law and immigration law, showing the increasing overlap between these two to punish and stigmatize migrant and refugee groups.
