(edit title) Student visa rejected, appealed in the court Need some help in translation Options

[hustler100]

Hej
My student visa got rejected recently and I had appealed in the migrationscour t.Last month I had received a job offer letter to work in Sweden from a company. I had contacted the migrationsverket regarding this and I was asked by them to submit the job offer letter to the court . Then the court forwarded back my case to migrationsverket for comments . I got a letter from migrationsverket today . So I need some help in translation. I asked my case officer but I couldnt get proper translation from her. I tried to google translate it but couldnt understand the whole story. So if anyone with good english and swedish knowledge would help me I would be grateful. Here are the contents of the letter. I just need the meaning of last paragraph. Thanks in advance

migrationsverket har beretts tillfälle att yttra sig över aktbiliga 13
klaganden har inkommit med ett anställningserbjudande . Det framgår inte om han avser att forsätta studera vid sidan om anställningen eller om han endast åberopar anställningen för att beviljas uppehållstillstand.

I det första fallet det av ingivet betygsutdrag att han inte har tagit några ytterliga högskolepoäng sedan det överklagade beslutet ,jfr ingivet betygsutdrag 2011-08-08.Migrationsverket aktbil 3:3. Enbart anställningserbjudandet utvisar inte att han har tillräckliga medel för sin försörjning under utbilldningstiden i Sverige.överklanget bör då avslås

För det fall klaganden endast åberopar anställningen som grund för uppehållstillstånd ,bör förutstänningarna härför inte prövas av migrationsdomstolen inom ramen för det överklagade beslutet , utan av migrationsverket i första instans. Det överklagade beslutet då upphävas och ärendet återförvisas till verket.

[axiom]

This seems a little complicated.

From the letter from Migrationsverket, they sent your case along with your letter to the court. The court's issue in the first paragraph is if the employment is now going to be your reason for applying for a residence permit or if it is a job alongside your studies. It is not sure.

It summarizes your case but says that:

1. If the matter before the court is an appeal on the rejection of your student permit, then the appeal is rejected on the basis that you do not have sufficient means of support and you have not completed any study credits since receiving the initial decision from Migrationsverket.

However:

If the matter before the court is that you should be granted a residence permit solely on the grounds of your job offer then the court cannot adjudicate as the matter must first be decided on by Migrationsverket. That is to say, Migrationsverket must make a decision on a work permit, IF that was what your application is about. The court cannot make a decision before the case has been considered by Migrationsverket. In this case, the matter is referred back to Migrationsverket for consideration.

I am not a legal expert, just trying to help.

I don't know where you stand now, it seems complicated. The court it seems wasn't very clear on the case it had before it either!

[hustler100]

@ axiom. Thanks so much for the translation. I donno either where I stand

[axiom]

But what application do you have with Migrationsverket, a work permit or a student permit appeal?

If you do not have a work permit application with Migrationsverket then the judgement is against the student permit and is therefore rejected.

So you might want to begin by asking someone there if you can have your case considered for a work permit or something along those lines. Remember that this decision cannot usually be appealed at this stage and would therefore be enforceable within a certain time.

[hustler100]

I have both my work permit application and student visa appeal at the court.

[axiom]

two appeals at the same time ?

if you don't mind me asking; why was the work permit rejected?

[hustler100]

I sent my student appeal first since I wanted to study and finish my courses and when I got work offer letter I had sent the work permit application and told them to consider my work permit application. I was not clear I guess in telling them that I would end my studies

[hustler100]

when i recieved the job offer letter I contacted a lady who works at migrationsverket.(She was at our university last year and explained students about migrationsverket rules) She advised me to send the work permit application to the court since my decison of student appeal is pending at the court.

[axiom]

Ok then I guess they still have that application, but you just want to double check to make sure they didn't wrap everything up together.

Do you have 30credits along with the other requirements for the permit - union approval, etc?

[hustler100]

The work permit was not rejected but was not accepted by migrationsverket since the student appeal is still pending at the court

[hustler100]

Yes I have more than 100 credits with me as well as a union approved letter

[axiom]

sounds good then! just wait for a decision I guess

[hustler100]

So do u think I still have a chance after litstening to the whole story?

[axiom]

absolutely no idea to be honest, it all boils down to whether or not Migrationsverket is considering your case for a work permit. I think the policy is that each case is considered on its own merit, hence partly the reason why the migration court did not reject both at the same time.

but I have limited legal knowledge, best to just make sure your case is still being considered and just wait it out, also you want to make sure how this affects you begining to work while you await the current decision(ie you don't want to annoy migrationsverket in anyway possible)

[Yorkshireman]

It looks like the person You contacted that had been at the Uni. giving immigration advice has linked together the appeal for rejection of student permit based on not enough funds to support yourself, and You saying You had a job offer. ie. They probably thought You were going to try and show that if they approved your student permit you could support yourself with the job offered. Though of-course it depends how you explained it when talking with them, and if they actually understood You wanted a seperate permit.

What You should probably have done was to withdraw the appeal for the Student permit, and accept the decision. Then apply fresh for a Work Permit only.

And this is exactly what Migrationsverket is saying ... if the new evidence of a job offer is related to studies, the original decision should stand. ie. rejected. However, if the job offer is for a Work Permit only, not related to study permit application whatsoever, then the court cannot make any decision since Migrationsverket itself has made no decision.

Contact Migrationsverket again, and ask if it is possible to withdraw the appeal, and if You need to re-submit for a Work permit only, or can they use the documentation they already have?