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HELP! Sambo VISA application

Visa application for a permanent resident/ non-eu

mrgquiambao
post 21.Feb.2013, 09:02 AM
Post #1
Joined: 21.Feb.2013

HI!

My name is mark and I,m a filipino citizen my boyfriend is also a filipino citizen but alrady has a permanent resident status here in Sweden. We are in need of advise on how can I go back here and live a life with him, for the reason that Sweden is one of the most nice country when comes to LGBT people when it comes to laws.

We have been in a relationship for 8 years now and im now on my tourist visa here in Sweden we are wondering if I need to do anything here in Sweden before I go home in the Philippines and apply for a SAMBO visa. One more thing due to the pressure of his parents he was once married to a woman and now their divorce is in process, questions:

1. Does he need to register me in skatteverket as his live in partner once the divorced is final?

2. We went to skatteveket and the lady says that I need to have a person number for him to be able to declare me, this is confusing how can I have that if im just on tourist visa?

3. what are the requirements I need for me and from him to apply for a sambo visa?

4. one big problem, my partners divorce decision is not yet out and i need to go back to the philippines, do we need to do something here in sweden that would be a requirement when I apply?

Thanks!!
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axiom
post 21.Feb.2013, 09:12 AM
Post #2
Location: Stockholm
Joined: 24.May.2011

QUOTE (mrgquiambao @ 21.Feb.2013, 09:02 AM) *
1. Does he need to register me in skatteverket as his live in partner once the divorced is final?

You can't be registered in Sweden without a personnummer which you can't get without a residence permit. So the answer is no, he just needs to prove you have been in a relationship for a while. If he was married to a Swede and by this means became a permanent resident in Sweden then it will be rather tricky explaining the length of your relationship if both overlap since he couldn't have been given a PUT while having a relationship with someone else.

QUOTE (mrgquiambao @ 21.Feb.2013, 09:02 AM) *
2. We went to skatteveket and the lady says that I need to have a person number for him to be able to declare me, this is confusing how can I have that if im just on tourist visa?

As above, you can't, and therefore you can't be registered with Skatteverket.

QUOTE (mrgquiambao @ 21.Feb.2013, 09:02 AM) *
3. what are the requirements I need for me and from him to apply for a sambo visa?

Migrationsverket has a page specially for LGBT

http://www.migrationsverket.se/info/5737_en.html

QUOTE (mrgquiambao @ 21.Feb.2013, 09:02 AM) *
4. one big problem, my partners divorce decision is not yet out and i need to go back to the philippines, do we need to do something here in sweden that would be a requirement when I apply?

You pretty much have to wait until the divorce is settled, since his personbevis will show him as being married at the time of applying. My advice, let the divorce be finalised and then make an application for a sambo visa, the rules are identical for both LGBT and heterosexual couples.
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mrgquiambao
post 21.Feb.2013, 09:41 AM
Post #3
Joined: 21.Feb.2013

tnxs for the very detailed infos, do you think us getting married will give me bigger chances of being granted a visa?
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axiom
post 21.Feb.2013, 09:48 AM
Post #4
Location: Stockholm
Joined: 24.May.2011

Being married does not usually have much effect on getting a visa, Sweden considers unmarried partners on pretty much the same level as married when it comes to migration. You just have to prove you are together in a long term committed relationship and Migrationsverket will be happy.

I suspect however as I said earlier, your partner moved to Sweden on the basis of being married to this Swedish girl then divorces shortly after and tries to get a sambo visa for his long term partner, this will ring a few bells with Migrationsverket, either about the validity of this relationship or the true validity of the last one.
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mrgquiambao
post 21.Feb.2013, 10:23 AM
Post #5
Joined: 21.Feb.2013

We are also thinking about that scenario about him marrying a girl, well the story is we broke up when i moved to Singapore and he moved here from the pressure of his parents not knowing that he is a bisexual he decided to marry this girl. It was real but i think they are just really not meant for each other, so he just did his part a son and marry a woman and at the end decided to tell his parents the truth and now they are ok with us being together. Thats really the story, hope the migration board understand that. By the way, so its okay for me to go home to the philippines even the divorce is not yet final? We just need to apply after it has been released right?
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johnjohn
post 21.Feb.2013, 11:50 AM
Post #6
Joined: 10.Dec.2010

As a PUT holder depending upon how long he has had the PUT he may also be subject to maintenance requirements meaning he must show he has a job with salary enough to support you both. Is he working now, how many years since PUT was granted?
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mrgquiambao
post 21.Feb.2013, 12:48 PM
Post #7
Joined: 21.Feb.2013

2 years since PUT was granted he has a good regular job and his own apartment.. smile.gif
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axiom
post 21.Feb.2013, 12:59 PM
Post #8
Location: Stockholm
Joined: 24.May.2011

QUOTE (mrgquiambao @ 21.Feb.2013, 10:23 AM) *
We are also thinking about that scenario about him marrying a girl, well the story is we broke up when i moved to Singapore and he moved here from the pressure of his parents ... (show full quote)

I must say this story moved me quite a bit, one of those things that happen I guess. I think its great that after so long you guys are considering getting back together. You cannot do the application inside Sweden if you just have a visitors' visa so you must go back either before or after the divorce doesn't really matter. Just before you submit the application is what is required. Make sure you are in status in Sweden, i.e. haven't stayed beyond the validity of your visa. I would suggest you apply after the divorce. See what I am suggesting is to not make it too complicated by trying to do everything tomorrow, it is always better in the end if you take your time and do it properly. the maintenance requirement is important, make sure you meet it.
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mrgquiambao
post 21.Feb.2013, 01:36 PM
Post #9
Joined: 21.Feb.2013

sad thing is i already overstayed thinking that we can get marry before i go home but i think its no longer possible, hope that they will not take the overstaying aginst my application
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johnjohn
post 21.Feb.2013, 02:19 PM
Post #10
Joined: 10.Dec.2010

SORRY! Your overstay is a hugh mistake. You will now be subject to a 5 year European (Schengen) ban. Leave tomorrow if not sooner.
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johnjohn
post 21.Feb.2013, 02:23 PM
Post #11
Joined: 10.Dec.2010

You have screwed yourself! Firstly you cannot claim a relationship even started unltil now otherwise MV will be thinking immigration fraud. Add an overstay and I think your chances are slim to none.
How long is your overstay.
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axiom
post 21.Feb.2013, 02:43 PM
Post #12
Location: Stockholm
Joined: 24.May.2011

I agree with johnjohn's first point that migrationsverket will raise a few eyebrows on the relationship.

You will be given a ban on entering the schengen zone when you leave, however if you get your residence permit approved the ban will be removed at the same time.
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Mossa
post 22.Feb.2013, 11:17 AM
Post #13
Location: Norrköping
Joined: 23.May.2009

QUOTE (axiom @ 21.Feb.2013, 09:48 AM) *
Being married does not usually have much effect on getting a visa, Sweden considers unmarried partners on pretty much the same level as married when it comes to migration. You ... (show full quote)

This is not correct. Sweden harmonized its legislation with EU legislation a few years back meaning that a person married to a person with the right to reside in Sweden has an automatic right to Swedish residence. It doesn't matter if you've been married for one day or 20 years. If you are not married but have been cohabiting partners (sambos) previously, you have the right to residency but it's not automatic. You will need to apply and go through an interview etc, but the authorities will work on the assumption that you will receive a residence permit. If you are not married and have not previously lived together, you may also apply for the same residence permit based on your intention to marry or live together.

Your boyfriend does need to be divorced from the woman he is married to before the two of you can apply for your residence permit. However, you will not be able to apply for a residence permit based on your relationship from Sweden (citizens of some countries can but I doubt the Philippines is one of them). That means you need to apply through the Swedish embassy in the Philippines, and you need to be in the Philippines in order to do that.

If your boyfriend came here as the partner of a Swedish woman and has now received permanent residency, then he is not subject to certain income requirements etc (as per johnjohn's post). Only a very, very small number of migrants (less than 5%) are and partner migrants are not in this category.

Feel free to write to me at sara.ahlstedt@liu.se if you have any more questions. I'm a researcher and am currently researhing lgbtq partner migration. I don't know know the migration legislation perfectly, but I do know a lot and I can also point you in the right direction and may have some contacts that could help you further.
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Yorkshireman
post 22.Feb.2013, 11:29 AM
Post #14
Joined: 22.Nov.2011

QUOTE (Mossa @ 22.Feb.2013, 11:17 AM) *
This is not correct. Sweden harmonized its legislation with EU legislation a few years back meaning that a person married to a person with the right to reside in Sweden has an ... (show full quote)

The changes made with regards EU and marriage was part of the Freedom of Movement, and the marriage part only applies to EU Citizens that are not Swedish Citizens. eg. If You are from the UK and married to someone from USA, then you only need to provide proof of marriage. If does not apply to Swedish Citizens, since in migration contexts Swedish Citizens are not treated as EU citizens, different rules apply ...unless, the Swedish Citizen is returning to Sweden after a period of residence outside of Sweden and is using their EU Right of Residence when returning, then they are treated as EU Citizens, rather than just returning.
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axiom
post 22.Feb.2013, 11:59 AM
Post #15
Location: Stockholm
Joined: 24.May.2011

Familjeåterföreningsdirektivet föreskriver en skyldighet för medlems- staterna att bevilja anknytningspersonens make uppehållstillstånd. Sverige har valt att likställa sambor med gifta (jfr artikel 4.3 i familjeåterföreningsdirektivet). Att den som är gift eller sambo har rätt till uppehållstillstånd följer av 5 kap. 3 § första stycket 1 UtlL.

I förarbetena inför de ändringar som infördes till följd av familjeåterföreningsdirektivet sammanfattades det då rådande rättsläget avseende rätten till uppehållstillstånd p.g.a. anknytning till make/maka eller sambo bl.a. enligt följande. Med etablerade förhållanden avses att makarna eller samborna stadigvarande sammanbott i utlandet. Med snabba anknytningar avses äktenskap eller samboförhållanden där makarna eller samborna inte stadigvarande sammanbott utomlands och förhållanden där parterna har för avsikt att ingå äktenskap eller inleda ett samboförhållande i Sverige. Om förhållandet framstår som seriöst och särskilda skäl inte talar däremot, beviljas vid första prövningstillfället ett tidsbegränsat uppehållstillstånd under en tvåårig prövoperiod.


http://www.migrationsverket.se/download/18...ionsarenden.pdf

Swedish Law makes no specific distinction in fact it explicitly states this. Both visas are issued under the same premise, that the marriage or relationship is genuine and you intend to settle together in Sweden and that no other relationship exists outside this one. A marriage that is deemed not genuine does not qualify for a permit and this is tested in the exact same way you test a sambo relationship. If all marriages automatically resulted in a permit then fake marriages would never be caught out.

In any case he can't apply from inside Sweden as he has stayed beyond the validity of his visa. He must apply from outside Sweden unless he can fit under the few exceptions such as having children together, etc.

As to whether or not he has to be divorced first is a question I don't know the answer to. I would suggest yes. If you google around, you find cases where Migrationsverket have rejected application because one person has an existing marriage while applying for sambo or marriage visa.
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