Swedish Expat Receives Retroactive Child Allowance after Verdict in High Court of Sweden

If you’re having children while studying abroad, you are still entitled to child allowance. The rule also applies to diplomats, state-employees and social security workers.
This was decided by the High Court of Sweden in February 2008. The Swede Joachim Ekström had two sons with his wife, while he was studying in Thailand from 2001 till 2007. During this period he didn’t receive any child allowance. In 2006 the Swedish court (Kammerrätten) first declined Joachim’s apply for child allowance for his oldest son Kevin. In February 2008 however the verdict was overruled by the Swedish High Court (Regeringsrätten).
The first court had emphasized the fact that Joachim’s sons weren’t born in Sweden and had never lived there. Joachim Ekström pointed out, that his children were following him and would return with him to Sweden, when he had finished his studies. It had always been Joachim’s intention to return to Sweden and both of his sons were Swedish citizens.
The High Court attached significance to Joachim Ekström’s speech and declared that while studying abroad, you should still be considered a Swedish resident. This rule also applies for diplomats, state-employees and social security workers including their children under the age of 18.

Joachim Ekstöm received 120.000 Swedish Kroner in retroactive child allowance.

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