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Work visa got rejected

Need help fellas

milad
post 13.Feb.2013, 12:26 AM
Post #1
Joined: 30.May.2009

Dear friends,

as a non-EU citizen, on 3rd of July 2012 I applied for extension of my student visa until end of October 2012. My case officer was always asking documents from me and I was providing it until we reached the 23 of October 2012 as she stated in her email as follows:
"If you are ready with your studies you can not have a residence permit as a student. You wrote in previous e-mail that you are working with a project. Are you a phd-student or are you working? If you are working you have to have a working permit."
I'm not a phd student but by that time I got the offer to work at my department as work per hour basis. My salary is higher than 13,000 krons and I'm paying approximately 30% tax, so nothing wrong there.
So I applied for work permit...

Today I got a letter from migrationsverket that my work permit has been rejected and the reason is that my visa application for studies finished on 30 June 2012 and on July 3rd 2012 I have applied for working permit!!! and since I have not applied for working permit before my residence permit as student ended, now I won't be granted working permit as long as I'm in Sweden. below is this section of the letter in swedish.
(ditt uppehållstillstånd for studier upphörde den 30 juni 2012. du ansökte den 3 juli 2012 om uppehållstillstånd pa grund av arbete. eftersom du inte har ansökt om tillstånd innan ditt uppehållstillstånd for studier upphörde, saknas förutsättning for att bevilja dig tillstånd så länge du befinner dig i sverige.)

Well, as I earlier mentioned I applied on 3rd July for extension of my student visa and it took forever and finally I had to apply again but this time for work permit, but strangly in this letter they are saying I applied for work permit on that date!!! blink.gif

Any suggestions what should I do and what are the possibilities to get either of my student visa or work permit?

Thanks for your time and patience, I'm sincerely appreciative. smile.gif
Milad
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axiom
post 13.Feb.2013, 09:44 AM
Post #2
Location: Stockholm
Joined: 24.May.2011

You must apply for an extension or a new permit before the previous permit expires.

Their problem is that for 3 days or so you had no valid permit to be in Sweden which effectively meant that you are no longer allowed to apply for a permit inside Sweden, any type of permit.

They can reject your application on this technicality even though it is only 3 days.
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Yorkshireman
post 13.Feb.2013, 11:16 AM
Post #3
Joined: 22.Nov.2011

Exactly... If you apply after the date of an existing permit expiration, then the application is treated as a brand-new case, rather than an extension (even swapping from student to work is an extension of-sorts). In this respect, applying for a work permit as a non-EU can only be done from outside of Sweden. Sometimes it is possible to apply for work permit whilst in Sweden, if the employer can make a very good case that they cannot do without You for the period of permit processing, and you provide that as additional information to Migrationsverket.
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milad
post 13.Feb.2013, 12:43 PM
Post #4
Joined: 30.May.2009

Thanks for your replies.
Do you think I would have a chance to appeal to the case at least?
I can provide whatever document they want.
I couldn't talk to my case officer since she wasn't responding!
Gosh I'm freaking out... sad.gif
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Localer
post 13.Feb.2013, 12:52 PM
Post #5
Location: Stockholm
Joined: 27.Oct.2006

unfortunately you need to apply the permit outside of Sweden now.
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axiom
post 13.Feb.2013, 01:31 PM
Post #6
Location: Stockholm
Joined: 24.May.2011

I'd tend to agree with this. The decision might allow an appeal, check for this.
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Yorkshireman
post 13.Feb.2013, 01:57 PM
Post #7
Joined: 22.Nov.2011

An appeal is only an appeal about the decision, was it incorrect or not. Technically this decision was correctly based. However, you can submit new information to support the permit application ... but it isn't an absolute possibility that it will be taken into consideration ... the application was received after the previous permit expired.
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milad
post 13.Feb.2013, 03:25 PM
Post #8
Joined: 30.May.2009

Thank you all for your time and honest responses. I'm truly appreciative.
I will inform you further when I get a response from my case officer.
I really do hope that they would sympathize with my case since firstly I had applied late due for my student visa extension due to heavy load of work prior to this and none of previous case officers warned me (obviously it's my fault) and secondly my presence on the ongoing project was needed and I was working and getting paid from September so forth.
I sound ludacris listening to my reasoning but let's hope.
Thank you all... Wish you all the best
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friendonlyyours
post 19.Feb.2013, 02:17 PM
Post #9
Joined: 11.Aug.2009

I think you should give a try and write a clear latter that MV consumer support is really poor, visa officers are not replying on phone or email. MV email response in general query is 2 weeks average. Phone query I personally tried up to 2 hours nobody responded.

Write all point what happened and request that MV should also consider their delay of communication and you can't go back by leaving running work to home country. Its shock for me they rejected visa for few days? I have seen cases of student visa where student apply after 2 months of expiration. But surely work visa is different category.

The main reason I can see new visa officers have no experience as in MV all student or work or sambo cases are dealing by internee visa officer now, all experienced officers are setup on Asylum cases. New visa officer don't see scenario of candidate and just follow the rules even there is their fault.
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m2hm
post 10.Mar.2013, 08:44 PM
Post #10
Joined: 16.Nov.2012

Dear Milad,

The document that they send you usually describes if you can appeal or not. I know my comment is a bit late now, but if you have the right to appeal, do it!
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