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Advise on my current residence permits.

any helpful replies will be much appreciated.

Ali
post 4.Aug.2019, 02:06 PM
Post #1
Joined: 20.Jul.2019

Hi All,

I am writing to see if I could possibly get some answers with regards to my current situation.

I come from an non-EU country and got married to my wife in October 2016.

I moved to be with my wife in Sweden in April 2017.

As my wife is a Danish Citizen, permanently residing in Sweden, I received my first residence permit under the 'EU rules' towards the end of 2017 and it is valid for 5 years and then a second residence permit under the 'Swedish rules' also in 2017 (few months later) and it is valid for 2 years until the end of this year.

Now in April this year (2019) my wife asked me to leave Sweden to give her some space as we were going through a rough patch, so I complied and left.

Just last month (July 2019) I received an email from my wife's lawyer stating that my wife has started the divorce proceedings against me and asked me to sign the divorce papers.

I refused to sign any paperwork still believing that there was no reason why we should get a divorce and so the case was forwarded to a local court and its most likely that the court will grant us a reconsideration period of 6 months before my wife can apply to get the divorced finalised at the end of 2019.

Which means that we are still legally married and will be until the reconsideration periods ends and that would exceed our marriage duration to just over 3 years.

I have lived in Sweden for 1 year and 7 months approx. I had to travel outside Sweden to see to a family emergency last year, adding that plus the amount of time my wife and I had spent on holidays overseas equates to my total residence time in Sweden as stated above.

During my time in Sweden I have conducted myself very well, in that I have progressed in a Swedish language course to an advanced level, I have also attended several job search programmes via the Arbetsformedlingen and in addition to that, I was offered a fix term employment in April this year, however as my wife asked me to leave the country, I could not therefore take up that offer.

I have also never taken any unemployment or even job search activity related benefits in Sweden.

My wife as I have been informed by her lawyer has written a letter to the 'Migration Board' telling them that I have left Sweden, about the divorce proceedings and have specifically asked the Migration Board to cancel/revoke my residence permits.

Now my residence permit under the EU rule will expire towards the end of 2022 and my Swedish permit expires at the end of this year,

My question is, whether the Migration Board will now cancel/revoke both my residence permits immediately or can I still return to Sweden with full study or work rights until such time as my EU residence permit expires in 2022?

Realistically I don't think I have enough time to secure a job before my residence permit under the 'Swedish rules' expires at the end of this year and so I am thinking even if I let that lapse, I would still have my EU residence permit valid for a further 2 years.

I have read on migration Sweden's website that under certain circumstances, one can apply to have their residence permit extended and even though my wife and I don't have any children together, 'ties to Sweden' is something I feel I can show to further strengthen my case, however that is only if my residence permits were about to expire or does this condition apply to my situation as well?
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Scottish
post 5.Aug.2019, 11:24 AM
Post #2
Joined: 29.Apr.2016

QUOTE (Ali @ 4.Aug.2019, 03:06 PM) *
Hi All,I am writing to see if I could possibly get some answers with regards to my current situation. I come from an non-EU country and got married to my wife in October 2016. ... (show full quote)


Shit happens ... let your wife go if she wishes to go or perhaps, try to work things with her to get back if you both still want to be together.

Concerning you, i will ask you to find your way back here and get your life going -either via job or doing something lawful with your life.

For your resident permit, you will need to wait until 2022 irrespective of your wife being with you or not. By that time, you will be qualified for a permanent resident after applying for it.


Wishing you the best in life..cheers
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Ali
post 5.Aug.2019, 01:46 PM
Post #3
Joined: 20.Jul.2019

QUOTE (Scottish @ 5.Aug.2019, 12:24 PM) *
Shit happens ... let your wife go if she wishes to go or perhaps, try to work things with her to get back if you both still want to be together.Concerning you, i will ask you ... (show full quote)


Good Day Matey,

Thank you very much for your very positive reply.

Although sad and totally heart broken as I am for having my marriage break down (Jeez, I never thought this would happen to me) however I totally agree that we cannot force anyone to be with us if they themselves don't want to, so with a very heavy heart and sadness, I have accepted this bitter reality of my life.

Coming back to my original question, do you reckon the Migration Board will not cancel my residence permits at my ex wife's request?

I would love to be able to return to Sweden and re-start my life there, I was learning Svenska at a good pace, I have made some really good professional network connections and had been offered skilled employment, so finding work and settling down would not be a problem at all for me once I return to Sverige.

However, I am seriously confused and afraid to return to Sweden because I have read so many horrible stories online about Migration Board cancelling people's residence permits once their relationship ends and deporting them, I have never broken the law in my life and I do not intend to either, after all my residence permits were issued to me because I was married to an EU citizen. So not sure if they will be valid until such time as my EU residence permit expires in 2022?
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Scottish
post 6.Aug.2019, 10:23 AM
Post #4
Joined: 29.Apr.2016

The can't cancel your residence permit because she is an EU citizen and what you have isn't just the two years permit but also the five years permit. The five years cards allows you to convert to permanent even if you and her ain't together again from Year 1. Get back here and Go on with your life
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Ali
post 6.Aug.2019, 10:53 AM
Post #5
Joined: 20.Jul.2019

QUOTE (Scottish @ 6.Aug.2019, 11:23 AM) *
The can't cancel your residence permit because she is an EU citizen and what you have isn't just the two years permit but also the five years permit. The five years ca ... (show full quote)


Good Day Bud,

Thank you so very much for clearing this for me. I would have returned sooner had I known what my rights are. So now that I know, I will book my ticket asap and return to restart my life.

I really appreciate all your help.

Much obliged.

Best regards.
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Scottish
post 6.Aug.2019, 11:17 AM
Post #6
Joined: 29.Apr.2016

QUOTE (Ali @ 6.Aug.2019, 11:53 AM) *
Good Day Bud, Thank you so very much for clearing this for me. I would have returned sooner had I known what my rights are. So now that I know, I will book my ticket asap and ... (show full quote)



No worries...the earlier you return the better for you because you will definitely account for the number of time spend outside when applying for your citizenship. You shouldn't spend more than 6 weeks in a year outside but if you have then your application will be delay for almost same amount of time you exceeded the 6 weeks.


Wishing you the very best in life.
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Ali
post 6.Aug.2019, 12:00 PM
Post #7
Joined: 20.Jul.2019

QUOTE (Scottish @ 6.Aug.2019, 12:17 PM) *
No worries...the earlier you return the better for you because you will definitely account for the number of time spend outside when applying for your citizenship. You shouldn ... (show full quote)


Yes I have heard of that rule, plus if I am eligible it wouldn't make any sense to stay away from Sverige for long because it will certainly have an affect on me settling down and finding work.

May the light and guidance be with you,

Stay blessed.

Best regards.
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Case officer
post 6.Aug.2019, 12:00 PM
Post #8
Joined: 25.Jul.2012

You do not have a residence permit, you had right of residence. Your right to stay in Sweden ended when your wife said “I’m breaking up”.
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Ali
post 6.Aug.2019, 12:02 PM
Post #9
Joined: 20.Jul.2019

QUOTE (Case officer @ 6.Aug.2019, 01:00 PM) *
You do not have a residence permit, you had right of residence. Your right to stay in Sweden ended when your wife said “I’m breaking up”.


Oh really?

So does that mean the Migration Board will now cancel my residence permits with immediate affect?
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Case officer
post 6.Aug.2019, 03:47 PM
Post #10
Joined: 25.Jul.2012

QUOTE (Ali @ 6.Aug.2019, 01:02 PM) *
So does that mean the Migration Board will now cancel my residence permits with immediate affect?

You never had a residence permit but instead right of residence.
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Ali
post 6.Aug.2019, 05:23 PM
Post #11
Joined: 20.Jul.2019

QUOTE (Case officer @ 6.Aug.2019, 04:47 PM) *
You never had a residence permit but instead right of residence.


I have just checked my residence cards and it says type of permit: (Residence card).
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Family_permit
post 6.Aug.2019, 05:52 PM
Post #12
Joined: 25.Sep.2018

Unfortunately you cannot stay any longer in Sweden unless you have a job so that your employer can send offer of employment to migrationsverket.
Even that is almost impossible since migrationsverket became much tighter and won’t allow you to switch from one type of residence permit to another unless you studied and collected 30HP and then you can switch to anknytning.
At the moment you don’t have any legal rights to live in Sweden and if you still are here you can get Schengen ban for the period up to 5 years so it’s best to do any documentation from outside Sweden
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iamaho
post 6.Aug.2019, 05:54 PM
Post #13
Joined: 6.Jul.2012

https://ec.europa.eu/citizensrights/front_end/docs/faq.pdf

Example on page 12, Question #56.

56.
What if I am Russian? Do I also retain the right of residence in Germany in case my Estonian husband is not there for me anymore?
If you do not already have a permanent right of residence, i.e. if your right of residence is still dependent on your husband’s, then you need to satisfy additional conditions, as a third country national, in order to retain the right of residence: you must have resided in Germany with your husband for at least one year before his death or departure, or before your divorce (or termination of registered partnership); in addition, in case of divorce (or termination of registered partnership), the marriage (or registered partnership) should have lasted at least 3 years.
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Ali
post 6.Aug.2019, 06:17 PM
Post #14
Joined: 20.Jul.2019

QUOTE (Family_permit @ 6.Aug.2019, 06:52 PM) *
Unfortunately you cannot stay any longer in Sweden unless you have a job so that your employer can send offer of employment to migrationsverket.Even that is almost impossible ... (show full quote)


Thank you for your reply.

I have read the 'Direktiv' written on my residence card (2004/38/EG) and it says under scope:

"In certain cases (e.g. divorce after at least 3 years of marriage where 1 year must have been spent in the host member state), the family member can retain the right of residence".

Legally I am not divorced yet and because I have refused to sign the divorce papers, the application has been forwarded to a court,who as far as I understand should grant us a reconsideration period of 6 months before the divorce is finalised, what this means is that by the time the 6 months reconsideration period is up and the divorce is granted. I would have been married for just over 3 years. And I have also spent more than a year living in Sweden.

So I am thinking I may be able to avail the above EU clause to retain my right of residence and legally return to Sweden.
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iamaho
post 6.Aug.2019, 09:00 PM
Post #15
Joined: 6.Jul.2012

https://open.karnovgroup.se/arbets-och-soci...ghetsdirektivet

Article 13

Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership

1. Without prejudice to the second subparagraph, divorce, annulment of the Union citizen's marriage or termination of his/her registered partnership, as referred to in point 2(B.) of Article 2 shall not affect the right of residence of his/her family members who are nationals of a Member State.

Before acquiring the right of permanent residence, the persons concerned must meet the conditions laid down in points (a), (B.), © or (d) of Article 7(1).

2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(B.) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:

(a)

prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(B.) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State;

https://eur-lex.europa.eu/legal-content/SV/...680&from=EN

om äktenskapet eller det registrerade partnerskap som avses i artikel 2 b, när förfarandet för äktenskapsskillnad eller ogiltigförkla­ ring av äktenskapet eller upplösning av det registrerade partnerskapet inleds
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