(edit title) Parental leave for a child born outside Sweden Föräldrapenning, is that possible? Options

[azimuth]

Firstly, what is this about writing 'wife'?

Why there should be any reason that my wifes application will not be approved? I have a valid permit to stay and work in Sweden, have valid proof that she is actually my wife, plus we are having a baby soon. So what makes you think that we might face any problems in the future?

[mångk]

As I said any future application is not going to be automatically approved. They will look at the circumstances and likely take into considerations such as voluntary seperation, cohabitation and probably if the 'relationship' is 'serious'.

A piece of paper saying that someone is married does not mean that they are in fact in such a relationship. 1 visit over a two year period may not be enough to show that the 'relationship' is serious.

I hope that you understand what the person at Migrationsverket was telling you!

[Puffin]

Basically they are cancelling your wife's residence permit as you are no longer considered to be living together as husband and wife so are regarded more like a separated couple as in Sweden it is highly unusual that a married couple do not live together for several years after the birth of their child

You can of course apply again several years down the line when she is ready to return but it is not automatic that you will get one - they will have to process her paperwork from the beginning - it is hard to say whether they will grant a permit as they may not regard the marriage as real given that you have chosen to separate for several years and not live together with your child - it does not really meet the definition of marriage in Sweden

[azimuth]

From your reply I have a feeling that you think that I'm a Swedish or EU citizen or something. Which I'm not. Thus I don't see any reason why MV should be doubting my relations to my wife (which are in fact are very serious and we both can prove it). Plus MV was in fact informed that the separation was not voluntary but because of the circumstances. It makes no sense for her to sit here in Sweden without even being able to look for a job as she has no diploma. And I will be visiting them more frequently so, again, I don't see any problem.

[azimuth]

Puffin, as I said, then will go through the case and they MIGHT cancel the permit, since, as I said, she went there to study which is usually a good excuse. Plus we will be able to show proofs that she was actually studying there and we were separated for good reason.

Otherwise, if she stays in Sweden, since she has no diploma she can't even search for a job and can't study because she would need Swedish to enter a university.

[mångk]

I take it you did not understand what Migrationsverket have informed you!

I also take it you are not going to listen to any advice given!

Good luck for the future!

[Puffin]

From your reply I have a feeling that you think that I'm a Swedish or EU citizen or something. Which I'm not. Thus I don't see any reason why MV should be doubting ... (show full quote)

From your reply I have a feeling that you think that I'm a Swedish or EU citizen or something. Which I'm not. Thus I don't see any reason why MV should be doubting my relations to my wife (which are in fact are very serious and we both can prove it). Plus MV was in fact informed that the separation was not voluntary but because of the circumstances. It makes no sense for her to sit here in Sweden without even being able to look for a job as she has no diploma. And I will be visiting them more frequently so, again, I don't see any problem. ... (hide full quote)

I am talking about the conditions for getting a residence permit - the conditions are that you live together as husband and wife in the same home. If one party leaves for several years and especially when a baby is born where parents usually care for the child together then this is usually interpreted as a separation - that you visit is fine (remember to keep all record) but the new person that you deal with at MV may just think your were visiting your child and are not still in a relationship with your wife - I am not saying whether this is right or wrong just explaining how MV will see it

It is a problem that most people face when the move to a new country that one of the partners must often start again. Usually they learn Swedish and perhaps take a Swedish degree as Swedish employers often prefer a Swedish qualification - however they do not usually separate for several years especially when there are children involved. So you need to be aware that the whole situatione will be considered strange by MV and this may make it harder for her to get a new residence permit in several years - indeed there is no guarantee that the rules will even be the same. Just that you should be aware of this

[azimuth]

mångk I guess you won't listen to me either. I wrote exactly what they told me. No word added or removed. Not my interpretation or what so ever.

Plus, as I said I don't see anything wrong about what we did. There are circumstances which one cannot avoid...

Thanks Puffin for your reply. That message you quoted was actually addressed to mångk I'm aware that I might face problems but, as I said, we took the best possible decision in this situation... I know it looks strange from the outer prospective but we will be able to provide strong motivation behind our decisions.

Thanks for the tip about keeping records. I even asked my wife to get a reference from her university and will ask banrmorskemottagning to send me the copy of her records.

[mångk]

I guess you won't listen to me either. I wrote exactly what they told me. No word added or removed.

I do not doubt that. That is not in question. Do you understand what this person meant though?

This person is required to tell you that:

1) They are making a note on the case file that you wife is no longer in Sweden,

2) That it will be going to the case worker who will make a decision on if the UT should be cancelled,

3) That (because your wife left Sweden voluntarily) the cancellation does not prevent an application in the future.

What that person cannot say is:

1) What decision the case worker will make,

2) The possibility that any future application would be approved.

That is all that person is telling you.

Plus, as I said I don't see anything wrong about what we did. There are circumstances which one cannot avoid...

The circumstances may not be considered 'unavoidable'. They may think that there are many other options if the primary focus is on the relationship and family.

There was a case previously where a man was sentenced to over 5 years in prison. The wife applied for an extension of her UT and provided evidence that she was pregnant and frequently visited her husband in prison. Migrationsverket and the Court said that because they were no longer living together she was not eligible to remain in Sweden and it did not matter what they planned to do in the future!

Migrationsverket have 'guidelines' to follow in determining if a relationship is serious enough to met the requirements.

[Leonie]

Wow lots of anger and frustration around this topic.

The problem I see is why would your wife go back to your home land to complete study, there are countless people on this forum who have very high degrees and cannot get a job in Sweden. I would think it would have been much better for your wife to stay here and study Swedish and after 2 Or three years of starting uni in Sweden. If she cannot speak fluent Swedish then she is not likely to just walk into a job when she returns to Sweden may even need to do some sort of short course to get licensed to work in Sweden. And be back to square one with not job and I assume not being able to speak Swedish. Why did you come to Sweden in he first place surely being sepertaed for 4 years is no way of life as a family!!

[Puffin]

Gothenburg run a 1 year University course for foreign students that takes you from beginner to University entry in 2 terms

[mångk]

After reading the thread again I would strongly recommend that the OP go and seek some professional advice from a lawyer with immigration law experience as soon as possible.

Inform the lawyer of the circumstances and ask the right questions!

I would suggest that advice is sought well before Migrationsverket make a decision on whether to or not to cancel the UT.

Ask the right questions and listen carefully to the answers. Most importantly do not take anything for granted!

Given what has been described it may be better to have your wife return to Sweden before a decision is made and Migrationsverket informed of the change of mind. Discuss this with the lawyer and your wife - you may be willing to take the risk your wife may not.

[azimuth]

Leonie, the things are not as simple as you might think. The thing is that my wife had completed 5 year out of 7 and what you suggest would add about 7 years more as she studies medicine. Because she would need to finish the Swedish course (SAS A+B at least, about a year if not longer) and then apply for studies. As I got known from friends who work in medicine, it is very tough challenge for places in Swedish universities in medicine programs, so we considered the chance to be admitted as very low. But even if she would be admitted, she would study 5 years more.

We even contacted Sahlgrenska here about continuing the study there but they said that, first, she would have to apply as a normal student, second, if she gets admitted, then she has to go through the process of getting credits for the course she already took (which means she can get some credits or can get no or whatever). But. at the same time, they said there are about 20 people for each place applying every year so. as I said, the chances are low...

At the same time, she can get a diploma in my country in 2 years, come back to Sweden and go through the process of getting Swedish license. Which will take less than 5 years. Which makes the first option ineffective in the matter of time.

Regarding Swedish, she has finished SFI completely and her teacher was suggesting her a Swedish course in the Borås Högskola but, since she is pregnant, it would be not possible to attend it since we live in Mölndal.

And we will be "separated" only for 2 years. Even 1,5 as we are going to apply for UT in the end of 2013. And minus 3 months (1 month I will be visiting my country in Novermber 2012, and 2 months she will be (hopefully) visiting me in Sweden).

mångk, I will check if there are free lawyers with immigration experience (can't afford to pay a lawyer at the moment) and will try to contact them. If you guys know any in the Gothenburg area, please let me know. I also asked my friend who works with asylum cases in MV but unfortunately got no response.

[mångk]

You could find a lawyer via the search engine here:

http://www.advokatsamfundet.se/Advokatsamf.../Find-a-lawyer/

Or you could contact the kommun, they often have appointed times where one can speak to a lawyer for 15 minutes free. Should be enough time to briefly explain the situation, ask about the risks involved and alternatives.

[azimuth]

Thanks a lot! I will check my kommun and the link you provided