Anhörigmigranternas rättsliga skydd i tid och rum : En studie av skydd från våld i förhållande till vistelserätt i Sverige

Sammanfattning: This doctoral dissertation in public law maps and analyses protection from domestic violence for family migrants in relation to family migrants' right of stay in Sweden from 2000-2022.The thesis covers legal protection from domestic violence in three cases: a denied right of stay before immigration takes place if it can be assumed that the person applying for a residence permit based on family ties will be subjected to domestic violence should a residence permit be granted; a right of stay in case of a relationship ending due to subjection to domestic violence and the residence permit is at risk of being withdrawn whereupon expulsion can follow; and as a right of stay through a prolonged residence permit in case of a relationship ending because the family migrant has been subjected to domestic violence. It analyses how, and to what extent, legal protection from domestic violence against family migrants is created and developed. This is related to the right of stay for family migrants in intimate relationships in Swedish migration law. The thesis pays particular attention to how the content of 'violence' in the legal protection affects its extent, and how time affects prerequisites for a person to take advantage of the protection. It shows the extent of the protection offered in the three cases, highlights gaps in the protection as a whole, and sheds light on how the Swedish state's interest in protecting persons from domestic violence meets and comes into conflict with the state's interest in controlling immigration, as these two interests are expressed in family migration law.

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