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Extension for work Permit was rejected

Help please.

patriciakgb
post 12.Dec.2016, 08:35 PM
Post #1
Joined: 12.Dec.2016

Hi, my husband applied for extension for work permit and it was rejected. The reason are so confusing, for example, they wrote that the company should advertised the position, which they didn't do it because on the webside of migrationsverket said that is for a new employees. The second reason said that is not clear about the holidays, we didn't understand exactly but seems they didn't see properly the payslips where it's very clear how many days holidays he has per year.
My question is if we need to appeal it or we can talk with migrationsverket to recheck our case. If any can give an advise, I will appreciate it.
Thank you so much.
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hatim
post 13.Dec.2016, 06:32 AM
Post #2
Location: Stockholm
Joined: 31.Dec.2010

Well the advertisement conditions are not spelled correctly on the website in my opnion. The wording can cause confusion. Was your husband working for the same position as before? What did the employer say about advertisement section in the offer of employment?

And have you gotten an official rejection (a detailed letter in Swedish with references to section of Swedish law and how many days you have to appeal etc) or have you gotten an intent of rejection.

You should speak to your handler as first thing. You for sure have some one to talk to in MV.
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patriciakgb
post 13.Dec.2016, 08:43 AM
Post #3
Joined: 12.Dec.2016

Hi Hatim, thanks for your help, the company applied first, they followed online application, they said didn't request the advertisement.
I think we've got the official rejection, because they said we have 3 weeks for appeal.
The company are taken lawyers, but I'm not sure if this is the best option, also I checked the second reason properly and Migration said that the company didn't show that they paid him for holidays, that is insane, because we sent all his payslips and it is written in each payslip that he is in tittle to 25 days holiday per year.
Thanks again Hatim for your help.
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hatim
post 13.Dec.2016, 09:01 AM
Post #4
Location: Stockholm
Joined: 31.Dec.2010

QUOTE (patriciakgb @ 13.Dec.2016, 08:43 AM) *
Hi Hatim, thanks for your help, the company applied first, they followed online application, they said didn't request the advertisement.I think we've got the official ... (show full quote)

If you have sent documents which clearly show that your husband had paid holidays and his salary every month has been equal or more than what was in the offer of employment then your case officer has made a mistake.

Is this extension with same employer? Ie. was there ever a permit approved before for this employer? If yes then that rejection reason is also wrong.

Can you share your husbands application, permit , occupation and employer history without being specific. (ie he applied as a accountant and worked for company X without collective agreement). It is not clear what from info what maybe wrong.
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patriciakgb
post 13.Dec.2016, 09:21 AM
Post #5
Joined: 12.Dec.2016

The extension is with the same employer. He is professional putting wood floor. he works at one of the first companies doing this.
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hatim
post 13.Dec.2016, 10:59 AM
Post #6
Location: Stockholm
Joined: 31.Dec.2010

So your husband applied for work permit (I assume in 2013-2014), got the first permit about 2 years ago with this company Afor occupation of carpenter (or some thing like that) and then after 2 years before the first permit was to expire he applied for an extension (same occupation and employer) and that is being rejected?

Did he change roles in the job. Was he getting paid by the same company with which the permit was approved?
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patriciakgb
post 13.Dec.2016, 01:17 PM
Post #7
Joined: 12.Dec.2016

Yes, exactly. He didn't change roles in his job, he was always in the same company from the beginning and it was rejected.
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help.each.other
post 13.Dec.2016, 01:38 PM
Post #8
Joined: 8.Dec.2016

QUOTE (patriciakgb @ 13.Dec.2016, 01:17 PM) *
Yes, exactly. He didn't change roles in his job, he was always in the same company from the beginning and it was rejected.


How long did he await until he got a handlaggare and rejection?

Also,did your husband get his XXX salary, that is same or above the one agreed, for at least 12 months? Any breaks during that or any change of salary?
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patriciakgb
post 13.Dec.2016, 02:04 PM
Post #9
Joined: 12.Dec.2016

We applied for the extension on 26/5/2016 and on 31/10/2016 we received a letter asking for more payslips for the last 2 years, also the company talked with Migration and we sent them all the things that they requested. My husband has working for the same company all the time, the salary increased a little bit more, but he is in the same position from the beginning. We sent the declaration from skateverket.
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science.paola
post 13.Dec.2016, 02:33 PM
Post #10
Joined: 4.Dec.2016

QUOTE (patriciakgb @ 13.Dec.2016, 02:04 PM) *
We applied for the extension on 26/5/2016 and on 31/10/2016 we received a letter asking for more payslips for the last 2 years, also the company talked with Migration and we s ... (show full quote)


Good luck with your appeal, and also keep us updated about the details and about their response! Do they really mean that the job position should be advertised each time the worker is about to prolong the WP? Even if all the employment details are the same? Is it important what kind of contract a worker is on? In case of a permanent contract the requirement to advertise again would sound especially dubious.
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patriciakgb
post 13.Dec.2016, 03:08 PM
Post #11
Joined: 12.Dec.2016

QUOTE (science.paola @ 13.Dec.2016, 02:33 PM) *
Good luck with your appeal, and also keep us updated about the details and about their response! Do they really mean that the job position should be advertised each time t ... (show full quote)

On the website of migrationsvertket is showing that the advertised is only for new employees, he has a permanent contract. I will let you know. This is the link about the ad. Thanks
http://www.migrationsverket.se/English/Oth...ork-permit.html
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science.paola
post 13.Dec.2016, 03:32 PM
Post #12
Joined: 4.Dec.2016

QUOTE (patriciakgb @ 13.Dec.2016, 03:08 PM) *
On the website of migrationsvertket is showing that the advertised is only for new employees.


Yep, exactly. Well, as far as we can understand that paragraph, there seem to be no need for an advertisement. Hope it will be a good enough point for your appeal.
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hatim
post 13.Dec.2016, 03:35 PM
Post #13
Location: Stockholm
Joined: 31.Dec.2010

It seems to me your case officer is breaking Swedish law. Have you talked to some one from MV about it?
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patriciakgb
post 13.Dec.2016, 04:05 PM
Post #14
Joined: 12.Dec.2016

QUOTE (hatim @ 13.Dec.2016, 03:35 PM) *
It seems to me your case officer is breaking Swedish law. Have you talked to some one from MV about it?

Hi Hatim, I think the same than you, I called today to migrationsverket but was impossible to talk, I made one question and the person told me that she can't help me, she transferred my call to the main menu again and I was 3 hours waiting over the phone till I hanged out. But I spoke with the lawyer that the company give us, and she told me that she sent a email and we are waiting for they response, and she told me after that we gonna present all the proofs.
Thanks for your support and I will let you know what happen.
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Darina
post 13.Dec.2016, 05:04 PM
Post #15
Joined: 7.Dec.2016

Not sure if the lawyer you mentioned is a generic one. Potentially those relocation agencies e.x. HumanEntrance etc. that can help your company to get certified with MV - should have more experiences dealing with work permit specifically. In worst case, if the appeal will not get through, they will be able to help you with submission of a new permit faster than non-certified cases.
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