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Rejection by Migration and Migration court

Residence Permit

fahharv
post 12.Jul.2012, 10:02 AM
Post #16
Joined: 10.Jul.2012

She will come here for Holidays as she did last year but she cant stay here as she has work to do in Sweden..
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Migga
post 12.Jul.2012, 10:35 AM
Post #17
Joined: 26.Jul.2011

So you can leave your work in Gambia to live in Sweden but she can`t leave her work in Sweden to live in Gambia? What`s more important, work or you being together? I`m sorry but it sounds more and more that you want to be together in Sweden, not just together. If that is true one could suspect that it`s not love but something else that wants you to live in Sweden. Because if it was love you wouldn`t care where you lived.

But it seems as if all you want is to discuss how you can get a positive respons on your application. If you have received a negative judgement from the Migration Court, you can appeal to the Migration Court of Appeal.

If you have received a final decision and cannot appeal, you are welcome to submit a new application. The Swedish Migration Board will then consider your application according to the conclusion come to by the Migration Court of Appeal.

In this new application you have to prove that your love is for real and serious. Document your relationship and make sure you both show interest. She visiting you, you visiting her. She contacting you, you contacting her. And then document it. That`s the best advice I can give.
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rtharper
post 12.Jul.2012, 10:58 AM
Post #18
Location: Stockholm
Joined: 2.Feb.2011

QUOTE (Migga @ 12.Jul.2012, 10:35 AM) *
So you can leave your work in Gambia to live in Sweden but she can`t leave her work in Sweden to live in Gambia? What`s more important, work or you being together? I&# ... (show full quote)

To be fair, I wouldn't want to live in The Gambia either. 1/3 of people live below the international poverty line, probably not much in the way of opportunity. However, if the OP's next question will be how to receive socialbidrag, I might scream.

QUOTE
But it seems as if all you want is to discuss how you can get a positive respons on your application. If you have received a negative judgement from the Migration Court, you can appeal to the Migration Court of Appeal.

If you have received a final decision and cannot appeal, you are welcome to submit a new application. The Swedish Migration Board will then consider your application according to the conclusion come to by the Migration Court of Appeal.

In this new application you have to prove that your love is for real and serious. Document your relationship and make sure you both show interest. She visiting you, you visiting her. She contacting you, you contacting her. And then document it. That`s the best advice I can give.

Indeed, have you spoken to Migrationsverket about what they want to see from you? If your relationship is legit, is it simply new? Documentation, chat logs, photos, airline tickets, etc, all help, but if these document a 4-week relationship, they might be skeptical, which suck a bit.
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queenS
post 12.Jul.2012, 01:43 PM
Post #19
Joined: 24.Aug.2009

QUOTE (Migga @ 12.Jul.2012, 09:35 AM) *
What`s more important, work or you being together?

Funny you should say that, but not everyone thinks like that.
Someone close to me is in a similar situation - he is abroad, she's in Sweden alone with their kid and he can't find work in Sweden (apparently).
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Norrlands Turk
post 12.Jul.2012, 02:09 PM
Post #20
Location: United States
Joined: 10.Dec.2009

Yep. Easier said than done. IMHO, your friend's situation is the worst to be in. Feel sorry for him. I am in the US and my fiancee is in Sweden.

I have a decent job here and have been applying to jobs in Sweden for months, but nothing. This is the most productive years of my life and I know I can't handle being unemployment for more than a few months both financially and psychologically. So like I said, easier said than done.
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Yorkshireman
post 12.Jul.2012, 03:24 PM
Post #21
Joined: 22.Nov.2011

OP, what You haven't said is how you met and how long it was from meeting to being married to making application for permit? That is one of the things they will have when determining if it is a serious or not relationship. For MV it is rather dubious to get married quickly, when many applications they receive are for people that have known each other for a while, and apply for a permit to live together, before making the big jump into marriage. Note: Migrationsverket are non-believers when it comes to holiday romances that quickly convert to permit applications and/or marriage!

Also, in addition to that there is probably obvious or subtle differences between the partners to any interview questions.

Just stating you are married and deeply in love does not give anyone any real info to help provide a clear way forward.
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gplusa
post 12.Jul.2012, 09:11 PM
Post #22
Location: Luleå
Joined: 4.Sep.2009

I presume that you, or more likely your Swedish wife, have already registered your marriage with Skatteverket in Sweden ? That's the first step and simply done.
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Yorkshireman
post 12.Jul.2012, 10:45 PM
Post #23
Joined: 22.Nov.2011

@gplusa, that is not always possible either! If the marriage was a purely religious islamic one performed by an iman in say Gambia, and did not include a civil registration/ceremony with authorities, then it is likely that Sweden will not accept the marriage as valid.
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klubbnika
post 13.Jul.2012, 08:51 AM
Post #24
Joined: 1.Feb.2012

QUOTE (Migga @ 12.Jul.2012, 10:35 AM) *
So you can leave your work in Gambia to live in Sweden but she can`t leave her work in Sweden to live in Gambia? What`s more important, work or you being together? I&# ... (show full quote)

Hmmm...

So it's OK for a poor Brit or American to want to live in Sweden with his wife because he would be better off economically but it is not OK for a Gambian? This is pure hypocrisy and racism.

For the OP I just say, if you love her, time will be on your side. Try to have as much contact as possible with her during your being apart, as the Immigration Authorities always look at the length of the relationship, with the formula the longer the more genuine.
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iamaho
post 13.Jul.2012, 09:14 AM
Post #25
Location: Canada
Joined: 6.Jul.2012

If you two are so deeply and madly in love, and Gambia is the only place where your marriage will be recognized and the only place where you two can live together... then your wife should leave Sweden and move to Gambia!!

Why is it OK for you to quit your job in Gambia and move to Sweden; but it is not OK for her to quit her Swedish job and move to Gambia instead?

In Gambia, your wife would be able to work easily without having to learn a new language (assuming that she speaks English, and since you are in love and married, so that is a safe assumption), whereas in Sweden, you would need to learn Swedish and it would be years before you would be "fully employed".

Move to Gambia, problem solved.
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Migga
post 13.Jul.2012, 09:39 AM
Post #26
Joined: 26.Jul.2011

QUOTE (klubbnika @ 13.Jul.2012, 07:51 AM) *
Hmmm...So it's OK for a poor Brit or American to want to live in Sweden with his wife because he would be better off economically but it is not OK for a Gambian? This is p ... (show full quote)

What are you on about? You sure make some crazy assumptions. I never wrote anything about any Brit or American, that`s all in your head. I would say the same thing in those situations. The OP asked what they could do because they wanted to be together but it sounds more like he wants to be together in his wifes country. If he has been rejected to stay in Sweden then the next step would be for his wife to try to apply for stay in Gambia. If they want to be together that is and not together in Sweden.

Go chasing hypocrites or racists somewhere else, there is none to be had here.
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klubbnika
post 13.Jul.2012, 10:49 AM
Post #27
Joined: 1.Feb.2012

OK.

But no, the next step for them to be to apply for stay in a European country, preferably England. Both of them would have good chance to a decent life there, as opposed to living in Gambia or the current impossibility of living in Sweden

The world doesn't consist of only two countries, you know.
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gplusa
post 13.Jul.2012, 11:49 AM
Post #28
Location: Luleå
Joined: 4.Sep.2009

Yup, that's exactly where I was heading, Yorkshireman. Skatteverket in Sweden will accept and record a legal marriage from another country, providing it is recognised as such within the country that you are applying from. That's a surefire way to check up front if you're likely to have a problem later on with Migrationsverket. We had to check the same thing. We applied from New Zealand to register our marriage with Skatteverket, but we were actually married in a third country (one of the more remote South Pacific islands). So we had to check first that the NZ authorities recognised the status of our 3rd country marriage. If NZ, as my country of application, recognised it, then Sweden recognised it. Thus, when it came to me applying for residency (some years later), there was no requirement for me to show any proof of marriage as it was already lodged in teh Swedish system.
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Yorkshireman
post 13.Jul.2012, 09:31 PM
Post #29
Joined: 22.Nov.2011

QUOTE (klubbnika @ 13.Jul.2012, 09:49 AM) *
But no, the next step for them to be to apply for stay in a European country, preferably England. Both of them would have good chance to a decent life there, as opposed to liv ... (show full quote)

Again, for the UK, as for Sweden. It would depend on if the marriage was civil registrered or religious only. Even though it is easier to get a non-EU partner into another country, like the UK, they will not recognise a marriage that was not civil registered (OP hasn't said if it has been or not) ...if it has been, then UK cannot refuse initial entry as spouse of EU citizen.

However, here it appears apparent that the OP's partner doesn't want to move? The emphasis appears to be more on gaining entry to Sweden, rather than finding a solution for how both can enjoy their lives together? wub.gif
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Migga
post 13.Jul.2012, 09:57 PM
Post #30
Joined: 26.Jul.2011

QUOTE (klubbnika @ 13.Jul.2012, 09:49 AM) *
OK.But no, the next step for them to be to apply for stay in a European country, preferably England. Both of them would have good chance to a decent life there, as opposed to ... (show full quote)

The first step would be one of the countries where one of the two in the couple have ties. Family, culture, language, friends, work, education and so on. The second step if the first failed would be to turn towards the other country where the other partner have ties. The third step would be a third country. That`s my opinion if one would like to be together with their partner.

One has a good chance to live a decent life in Gambia, you know.
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