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Man ages 12 years after Swedish court decision

A Swedish court has ruled that a Cambodian man should be allowed to change his Tax Agency (Skatteverket) birth date records, thereby adding 12 years to his age.

The man told the court that after 10 years in Sweden he felt sufficiently secure to register his correct date of birth and establish his true identity.

The court was told that the UN refugee organ the UNHCR had helped him to secure his release from the military prison in Cambodia where he had been interred as a political prisoner, formally on suspicion of involvement in a plot to murder the prime minister Hun Sen.

On release from prison the man feared for his life and he fled to Thailand where the UNHCR deemed him to be in acute need of leaving south-east Asia and arrangements were made for him to come to Sweden as a so-called quota refugee in 2000.

The Resettlement Registration Form submitted by the man to the UNHCR formed the basis of the information that was handed over to the Swedish authorities on his arrival in July 2000, establishing his date of birth as January 1st 1960.

After settling in Sweden the man sought to have his information amended to reflect his correct birth date of August 12th 1947 but the tax agency, which is responsible for personal identification registration in Sweden, refused on the grounds that the proof submitted was not sufficiently reliable.

The man explained to the court that he had decided to submit deliberately erroneous information to the UNHCR in order to make it harder for the Cambodian authorities to track him and hinder the perceived threat of arrest by Thai police.

The administrative court of appeal (Kammarrätten) has now ruled that the wealth of evidence supporting the man’s case – including a release form from Cambodian military prison, copies of an identification card, human rights card and press card, a 1991 certificate from the Vietnamese embassy in Cambodia, several newspaper articles and a Cambodian family book – is at least as comparable with the original UNHCR forms.

The court thus overturned a county administrative court (Länsrätten) ruling to uphold the tax agency’s decision.

“The court considers that it should be sufficient if on assessment the new details appear to be correct when compared to the older information and taking into account the wider circumstances,” the court stated.

“Existing erroneous information is just as false as new erroneous information,” the court added.

The court found that the man had plausible grounds for wanting to hide his real identity details in the “Resettlement Registration Form” submitted to the UNHCR in June 2000.

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WORKING IN SWEDEN

EXPLAINED: How do you apply for Sweden’s new ‘talent visa’?

From June 1st, non-EU citizens can apply to come to Sweden on the new talent visa or "resi­dence permit for highly quali­fied persons". These are the latest details on how to apply.

EXPLAINED: How do you apply for Sweden's new 'talent visa'?

Sweden’s “resi­dence permit for highly quali­fied persons to look for work or start a busi­ness” was voted through parliament in April as part of a set of changes to the country’s new work laws in April.

The visa was brought in as part of the January Agreement between the economically liberal Centre and Liberal Parties and the Social Democrat government. 

The basic form for the new talent visa was published when parliament voted it through: The visa allows non-EU citizens with a higher-level degree to apply for a visa of between three to nine months, which they can then use to stay in Sweden while they look for work or research setting up a new business.  

But the Migration Agency on June 1st published the details of what exact educational requirements are required to be eligible for the new visa, how much money applicants need to show they have to support themselves, and how and where to apply. They also published the form that needs to be filled in

What counts as an advanced-level degree and how do I prove it? 

The bar is set pretty low. To be eligible for the talent visa, applicants need to have a degree corresponding to at least a 60-credit Master’s degree, a 120-credit Master’s degree, a professional degree worth 60-330 credits, or a postgraduate/PhD-level degree.

You need to send copies of any examination certificates along with your application, as well as copies of the official transcript of your academic record, that shows the courses included in your education. 

If these documents are in a language other than English, French, Spanish, German, or a Nordic language, they have to be translated into Swedish or one of the above languages by an authorized translator.

You also need to print out, sign, scan, and send a letter of consent to the Swedish Council for Higher Education (UHR), allowing them to contact the educational institutions where you studied for your higher-level degree.

What financial assets do I need to show and how do I prove them? 

You must need to show that you have enough money (or a source of regular income) to support yourself during the time that you will be in Sweden, as well as enough to pay for your journey home. The Migration Agency judges that you need 13,000 kronor per month, so you need a lump sum of 117,000 kronor (€12,000). 

Source: Migration Agency

To prove that you can support yourself, you must either submit copies of your bank statements (plus a translated version if necessary). If you have another source of regular funding, you can explain in the ‘other’ box on what you intend, and enclose documents to support this.

What insurance do you need? 

You need to confirm that you have signed a comprehensive health insurance on the form, and also name the insurance company and the dates between which the insurance policy is valid. 

The insurance needs to cover the costs of emergency and other medical care, hospitalisation, dental care, and also the cost of repatriation for medical reasons. You need to enclose a copy of a document setting out the terms of your insurance policy. 

Source: Migration Agency

What do you need to write about your plans for Sweden? 

According to the Migration Agency, the visa is for people living outside the EU who “plan to seek employment or explore the possibilities for starting [their] own business”, but the form gives few guidelines as to what will count. 

In the form, there is a space for a few sentences in which you can say what sort of business you plan to start, or which sort of job you intend to look for, as well as whether you intend to leave Sweden, or apply for residency in another way if you fail to secure a job. 

Carl Bexelius, the Migration Agency’s Head of Legal Affairs, said that there was no requirement in the legislation that those with the new talent visa seek jobs that require them to be highly qualified. 

“The crucial part is that you have you are talented in a legal sense, that you have the appropriate education to qualify. If they find work, they can then apply for for a work permit, but that work does not need to require high qualifications.”

Other requirements? 

The other requirement is to have a passport that is valid for the full period in which you will be in Sweden. In the application you need to send copies of all the pages that show your personal data, photo, signature, passport number, issuing country, period of validity, entry stamps, and also if you have permission to live in countries other than your country of origin. 

How to apply? 

You need to send the application form, with the attached documents to the Swedish embassy or consulate-general in your country of residence, or, if that is not possible, at the embassy or consulate-general in the closest country. 

You should contact the embassy for information before applying, and to learn how large an application fee you will need to pay. 

What sort of permit will I get? 

If you get a permit valid for more than three months, you will get a residence permit card which features your fingerprints and a photo.

If you need an entry visa to come to Sweden, you will need to be photographed and have your fingerprints scanned at the Swedish embassy or consulate-general in your country of residence before leaving to come to Sweden.

If you do not need an entry visa, you can apply for a residency card, and have your photo taken and your fingerprints scanned, after your arrival in Sweden. 

What happens if I get a job or start a business while in Sweden? 

If you get a job while in Sweden, you can apply for a work permit from within the country. You cannot start work until the work permit is granted, though (which may not happen until after your talent visa has already expired). 

If you start a business in Sweden, you can apply for a residence permit as a self-employed person. You can start setting up and running your business even before the Migration Agency has made its decision. 

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