(edit title) Help & advice urgently needed Wife kicked out by husband & permit expires Options

[blackswedishbloke]

Hello everyone,

I am here to seek advice on behalf of a close friend. She got married to a Swedish citizen and was given a 2 yr residence permit(she is non-EU), the marriage began to hit the rocks some months ago and as we speak her man has filed for divorce but she didn't sign anything.
He kicked her out of the house and she is now homeless. The problem is that her permit expires in a couple of days and she is in a totally confused and traumatized state right now, not knowing what to do. She is from a troubled country and goin' back there is dangerous for her because of the tension goin' on there.
She managed to apply for extension of her visa before the marital problems became very serious but now the man has gone to Migrationsverket to cancel the application(at least that's what he told her).
He wants her to return to her country with nothing. She has no money, no job - nothing(but just the clothes she is wearing and her bag)! And now she is facing the risk of being sent back where she might get really f**ked up.

As far as I know, she didn't sign the divorce papers, doesn't she have a right to appeal or contest the divorce? Or doesn't Migratiosverket need to hear her side of the story before cancelling her application? She doesn't know any Swedish and all her postal mails are have been confiscated by her man. Even if she has them she can't read them herself.

Pls does anyone know what she can do about this difficult situation, what agency/organisation/union can help her at this dire point? What rights does she have? What can she do?

Your advices are highly appreciated.
Thanks.

[byke]

Am I wrong in thinking that some permits are assigned on the basis of a guarantor?

[Yorkshireman]

Unfortunately for Your friend, it doesnt matter whether She signed anything or not. Sweden has a no-blame system, the court will send to Her a paper She is supposed to sign, can make a comment, but at the end of the day the divorce is registered. One cannot be forced to stay married!

As for the permit, marriage makes no difference, the fact is it is based upon a relationship, now one side of that relationship has said they no longer want to be part of it, so there is no basis for a permit anymore.

If Your friends home country is in a troubled situation, then Your friend could always try and apply for asylum.

There is little else that can be done. Sorry

[blackswedishbloke]

Thanks, I feel so sorry for her :/

[byke]

I must ask, if some resident permits are granted on the grounds of a guarantor.
In the case of a separation, and subsequent problem as shown above ... then what is the point of such?

I would have thought that any guarantor would be in place to ensure a reduction of loss on the welfare system? Am I completely off here?

[blackswedishbloke]

But is it just that easy to just decide to have a divorce & get it when the other party does not consent to it? This isn't a sambo relationship where you can wake up any day and just leave?

[skogsbo]

Marriage is just a legal certification that carries only a little more weight than being sambo'd. Either party can end it at will. It's tough, but unless her home nation is on Sweden's asylum list she had better prepare for home or fund another man.

[John.Smith]

However, she is entitled to at least claim for 50% of assets, home etc.. I have no idea if she was working and contributed to the family income or not, but she should not ignore this route.

I do not know the ins-and-outs of how this works but the base line is a 50% split as I understand. Any assets owned pre-marriage by the husband will remain to be his, but anything purchased after the marriage should be split 50/50.

I suggest your friend contacts a divorce lawyer ASAP (and one who can advise her of her residential status). I also suggests that she talks with MV and explains her case.

//J:S:

[blackswedishbloke]

I once heard that a couple is usually given 6 months(if they have kids) to have a re-think before a final decision can be made.
She doesn't have kids for him, but can this apply here?

[blackswedishbloke]

However, she is entitled to at least claim for 50% of assets, home etc.. I have no idea if she was working and contributed to the family income or not, but she should not igno ... (show full quote)

However, she is entitled to at least claim for 50% of assets, home etc.. I have no idea if she was working and contributed to the family income or not, but she should not ignore this route.

I do not know the ins-and-outs of how this works but the base line is a 50% split as I understand. Any assets owned pre-marriage by the husband will remain to be his, but anything purchased after the marriage should be split 50/50.

I suggest your friend contacts a divorce lawyer ASAP (and one who can advise her of her residential status). I also suggests that she talks with MV and explains her case.

//J:S: ... (hide full quote)

She had no income as she was unemployed but had little savings she used to help in purchasing some household items.

Will contacting MV really help because her permit expires in like a day or two or something? :/

[Yorkshireman]

But is it just that easy to just decide to have a divorce & get it when the other party does not consent to it? This isn't a sambo relationship where you can wake up any day and just leave?

That is real life, one can always choose to stay, or just walk away. In Sweden there are 2 ways to get divorced, either by both sides in agreement or only 1 side wanting the divorce ... the difference is which form is used to submit the application.

However, she is entitled to at least claim for 50% of assets, home etc.. I have no idea if she was working and contributed to the family income or not, but she should not igno ... (show full quote)

However, she is entitled to at least claim for 50% of assets, home etc.. I have no idea if she was working and contributed to the family income or not, but she should not ignore this route.

I do not know the ins-and-outs of how this works but the base line is a 50% split as I understand. Any assets owned pre-marriage by the husband will remain to be his, but anything purchased after the marriage should be split 50/50. ... (hide full quote)

She will be entitled to 50% of the assets that were aquired during the marriage, exceptions are made for items that are definately personal (eg. clothes) and in many cases where it can be argued it was personal hobby items, also excluded is any inheritance that may have been received during the marriage.

In addition to that, the division, or rather accounting of assets, is done retrospectively to the date the court registered the initial application for divorce. (this is most important when there is included any thinking time! before the divorce is finalised). So, any assets aquired after the initial court registration, even before the divorce is final, are excluded from the final division of assets.

You say your friends permit expires in 2 days, but then surely they have already been through the renewal process and had any required interviews, since a 2 year sambo permit normally results in a permanent? Is that process underway already?

I doubt a divorce laywer could help here with regards residency, there is always the possibility that Migrationsverket view it as a marriage of convenience that conveniently ended when the temporary permit is expiring! (Sorry, just being painfully honest). They do sometimes make exceptions if there was abuse, maybe even if She had a job ... but I wouldn't get My hopes up for that.

[Yorkshireman]

I once heard that a couple is usually given 6 months(if they have kids) to have a re-think before a final decision can be made. . She doesn't have kids for him, but can this apply here?

This is just words, some kind of we feel good by saying there is thinking time when kids are involved. In reality it doesn't mean anything except on paper the marriage stands until 1 side after 6 months emails the court to say, I want it finalising. It is just a delay of finalisation, one partner can move out of the home etc... the only thing that must happen is the responsibility to pay for upkeep of the joint costs until it is finalised.

It is only enforced by law when there are children where the parents are the ones married. Doesn't count if the kids are from previous relationship(s).

[byke]

Has there been any physical or emotional abuse inflicted?
Prior to the divorce proceedings?

[blackswedishbloke]

No physical abuse really except for once being violent in bed. She's been kicked out but sleeps in the cold apartment building hallway, and that's very tough.

[blackswedishbloke]

You say your friends permit expires in 2 days, but then surely they have already been through the renewal process and had any required interviews, since a 2 year sambo permit ... (show full quote)

You say your friends permit expires in 2 days, but then surely they have already been through the renewal process and had any required interviews, since a 2 year sambo permit normally results in a permanent? Is that process underway already? ... (hide full quote)

Yes, she applied for permanent permit some months ago but they haven't had the interview, things got worse and her man requested that MV cancel the application. I don't know if they have cancelled it. But shouldn't they hear her side of the story before doing anything?