(edit title) Work Permit visa doubt Visa Issue Options

[swedengreat]

Hi,
Hope everyone is doing great. Hope i will find a good way to solve my problem. I have been strucked with some issues with my Student residential permit because of some financial issues. Actually, my student visa was expired in January 2012 and before that i had applied for prolongation. Then started my life trouble in Sweden by rejecting the prolongation and should have to stop my studies just at the finishing time. Though, i appealed against to the decision and have not got any decision yet because i just appealed it in at beginning of May. I never called to Migrasonverket for information about my appeal. However, now i got a full time work in my study area after finishing my studies in the mean time. How could i apply for work permit now?

Can any one give me any suggestion?

Thank you.

[Case officer]

Your permit has expired so if you want to apply again for a new permit you will have to do so from outside of Sweden. Don't expect too much of your appeal, 99.9 percent of students appealing to the court will be rejected.

[OopSan]

Most important, until you will get finalized decision (it is positive decision from migrationsverket (MV), or negative decision from migrationdomstol (MD), if you will not appeal against it in overmigrationdomstol) you are staying legally in Sweden on base of you last permit (in this case on base of your last student permit). If you have earned 15/30 ECTS (1/2-nd year of studies) last year on base of this student permit you are eligible to apply for work permit from Sweden, not from your home country.
First you need to call MV 0771-235 235 and choose to connect you with customer service. After 30-50 minutes of waiting you need to ask where you case now. There are two possibilities: in MV or MD.
If it is in MV you just need to pay difference in fee between study and work permit and give them all the documents necessary for work permit and ask them to change the reason for giving you uppeholtilstond on base of work contract instead of studying (because it can be only one case for you in MV).
But probably you case now in MD, because of they are not reading you appeal in MV and send it straight forward to MD. It takes about 5 month for MD in Gotenborg to make a decision on your appeal. In this case you need to call 031-732 70 00 and ask for your case number in court (it is different from you case number in MV, something like UMxx-xxxx) and your case officer.
You call your case officer in court and explain situation to him/her, if everything ok - he/she will tell you to
"pay difference in fee between study and work permit and give them all the documents necessary for work permit and ask them to change the reason for giving you uppeholtilstond on base of work contract instead of studying"
If you do so and everything ok with your work contract, MD will accept your appeal and will send you case back to MV for reevaluation. After 6 month you will get your work permit.
Do not listen to people saying you will not win in the court with 99,9 percents probability. It is shit (i won in MD in Gotenborg twice against MV). Because of most case officers/decision makers in MV have not read Utlanninglag (i met only one exception from this rule in 3 years) usually their decision can be appealed easily.

[swedengreat]

Thank you so much for your suggestion. You almost pull me out of the well. Actually, i had good financial back up to support myself in Sweden. But, i had not shown that properly to Migrationsverket because of i am the only person could control and make my bank transactions after my father dearth. I almost live here more or less two years and i did not make any money transfers in my home land accounts and the result they might have deleted from bank history. Because of this reason i showed them money in my relatives account which have good transactions and i got rejected due to that. Nevertheless, In these 6 months period i got almost 45Hp university credits and i finished my study. I don't want to say these all stuff to my employer because of i may have lose my job. Now, i try to follow your word and see how could i end from this.

[Yorkshireman]

Because of this reason i showed them money in my relatives account which have good transactions and i got rejected due to that.

Sorry to say this, but Migrationsverket did right. According to the rules the bank account must belong to You. And You showed a relatives account.

Since You have appealed the student permit, that is what the court will consider ... they will NOT consider the Work Permit or Job issue. They will refer any such information back to Migrationsverket for comment. And Migrationsverket comment, I am sure, will be ... There has been no decision with regards a Work Permit since there has been no application for one, so there is nothing to re-consider. Your appeal is about the rejection of the Student Permit.

I suspect they will uphold the rejection of the Student permit, maybe not. If they do uphold the decision You will have to apply again, new case, for a Work Permit.

[swedengreat]

Hello once again,
i have been waiting for my decision and got one question in mind. What happens if i get negative decision from the Migration court? Am i allowed to appeal against that decision with perfect proofs to convert my student status to employment because i hold a permanent job now.

Is that would be OK?

Thank you.

[OopSan]

http://www.domstol.se/upload/Arende/Migrat...orande_stor.gif

[axiom]

There is another person on this board who was in a very similar position he submitted his work permit application while having an appeal processed.

He got his work permit with no problems.

Edit:

Link to the thread: http://www.thelocal.se/discuss/index.php?s...c=51517&hl=

Just send him a PM and ask him how he went about it.

[axiom]

Your permit has expired so if you want to apply again for a new permit you will have to do so from outside of Sweden. Don't expect too much of your appeal, 99.9 percent of ... (show full quote)

Your permit has expired so if you want to apply again for a new permit you will have to do so from outside of Sweden. Don't expect too much of your appeal, 99.9 percent of students appealing to the court will be rejected. ... (hide full quote)

This is not entirely true. Your permit is not considered to have expired at any point during a application process, including appeals etc. A quick browse through the experiences here tell a different story. You are presumed legally, to still have a valid permit for all intents and purposes. Specifically, your permit is deemed to have expired three weeks after you have been informed of the final decision. So there are cases of people who successfully submit another permit application while appealing another one.

[swedengreat]

Thank you all friends.

I called to the Migration court today and they told me to send my work permit application as soon as possible because still they have not taken any final decision on my appeal of student visa prolongation. I hope they will turn my visa status to work permit. But i had one question that in between this appealed time, i finished my course and i almost got 45Hp(15+30hp for Thesis work). Unfortunately, My thesis work has been finished but did not got added into my current credits. However, I would like to explicitly write a letter telling that i am applying for only work permit and my studies were finish in the last week in such way to do not confuse the Migration court.

Any ideas and suggestions on this!

More, I would also like to know the work permit application process and what documents should i need to show them. As far as i have only filled work permit application form from my employer. Do I need any more documents to show them.

Thank you.

[Puffin]

More, I would also like to know the work permit application process and what documents should i need to show them. As far as i have only filled work permit application form fr ... (show full quote)

More, I would also like to know the work permit application process and what documents should i need to show them. As far as i have only filled work permit application form from my employer. Do I need any more documents to show them. ... (hide full quote)

The steps you needs to take and documents needed are outlined on MVs website
http://www.migrationsverket.se/info/160_en.html

[swedengreat]

Hello again,
As you know that my Student visa extension was rejected and i appealed against the decision. I called the Migration court and I asked them about my case and they told me that still my case not yet reviewed. They also told me to send my new work permit documents before my case come to a verdict. I would like to send my new work permit documents to them but i am unaware of this MC address. Can you guys help me where can i find this address?

Thank you.

[OopSan]

I called to the Migration court today and they told me to send my work permit application as soon as possible

You should call the same number and ask where to send your documents.

[swedengreat]

I called them and they told me something like "Forvaltratten i Gotteborg". I did not understand quiet well. Can any one know the address?

[OopSan]

http://www.forvaltningsrattenigoteborg.dom...aktinformation/