Printable Version of Topic

Click here to view this topic in its original format

The Local _ Visas _ Permanent residence permit rights after divorce?

Posted by: hlemmur 25.Sep.2018, 02:12 PM

Hi all,

Need your advice.

We moved to Sweden with my husband from the non-EU country 3 years ago due to his job. We both have a temporary residence permit valid till the next year (then it will be totally 4 years living in Sweden), after that my husband is going to apply for permanent residence permit, and I’m going to get it as well as a family member. During those past 3 years I was not employed in Sweden, and my residence permit was based on family ties.
Recently I started working, having a permanent contract with a high enough salary, so can totally support myself. Now we are going to divorce, does it mean that:

a ) my temporary residence permit gets expired immediately and I need to apply for my own one?

b ) do I still have a right to apply for permanent residence by my own (after 4 years living in Sweden) basing on that I have lived in Sweden for 3 years with my husband (family ties) and then 1 year had my own employment contract (country ties)?

Otherwise, would it be more reasonable to not get divorced until the permanent residence permit is ready for both of us?


Thanks in advance,
Ana

Posted by: Case officer 25.Sep.2018, 08:49 PM

A residence permit as a co-applying family member does not count towards permanent permit. If you have your own work permit, that permit counts though. In this way you can have your own permanent permit in 2022-2023.

A permanent permit can be cancelled and deportation order issued if the person divorces quickly after the decision.

Posted by: hlemmur 26.Sep.2018, 07:07 AM

@Case officer thanks!

Meanwhile I received the reply from MV:

QUOTE
It is stated in chapter 5 section 16 part 2 the Aliens Act, that a residence permit can be granted even if the relationship has ended. The prerequisites are:

- The foreigner is closely associated with Sweden.

- The relationship has ended due to violence or other serious abuse.

- Other reasons strongly suggest an extension of the permit.

In order for the Swedish Migration Agency to decide whether or not to grant an extension the foreigner must submit a new application.


So according to that if MV considers that I am closely associated with Sweden (have a job as a high-qualified professional, plan to buy apartment and continue maintain my life here) I can be granted the permanent permit?

Posted by: Case officer 26.Sep.2018, 01:14 PM

QUOTE (hlemmur @ 26.Sep.2018, 08:07 AM) *
So according to that if MV considers that I am closely associated with Sweden (have a job as a high-qualified professional, plan to buy apartment and continue maintain my life here) I can be granted the permanent permit?

You need to fulfill all requisites, not just one or two.

Posted by: dse 26.Sep.2018, 01:50 PM

I have a friend with exactly the same situation. If you have depended permit and you divorce before getting permanent permit, and you want to switch from depended to work permit, this is what happens:

- You current permit expires immediately.
- You need to leave country to be able to apply for a new permit.
- Your time is Sweden resets to zero.

I would suggest to still be "married" until you get permanent, and only officially divorce afterwards.

Posted by: hlemmur 26.Sep.2018, 02:28 PM

QUOTE
I would suggest to still be "married" until you get permanent, and only officially divorce afterwards.


It doesn't seem to be a smart solution since regarding to MV (and also confirmed by Case officer above): If a relationship ends before two years of living together, a new residence permit shall normally be refused and a decision of deportation be made.

So we both risk to have a lot of private limitations for nearest 3 years, it seems to be better to spend those 3 years legally collecting my own residence time.

Posted by: hlemmur 26.Sep.2018, 02:41 PM

Regarding the following:

QUOTE
- You need to leave country to be able to apply for a new permit.


Seems not to be true. What I found at MV website http://(https://www.migrationsverket.se/English/Other-operators-English/Employers/Employing-someone-who-is-already-in-Sweden.html) :

...
They can apply in Sweden if they
...
- have a temporary residence and work permit because they have been married or cohabiting partners and the relationship has ended. Assuming they apply before their previous permit expires, they can continue working or start a new job while waiting for a decision.

Posted by: dse 26.Sep.2018, 03:36 PM

QUOTE (hlemmur @ 26.Sep.2018, 03:28 PM) *
It doesn't seem to be a smart solution since regarding to MV (and also confirmed by Case officer above): If a relationship ends before two years of living together, a new residence permit shall normally be refused and a decision of deportation be made.


If you already spent here 3 years, it should be less than 1 year before you get permanent residence. After getting permanent permit there is nothing to extend anymore, so unless you do something very illegal no one will bother to deport you. Same true for sambo permanent permit (which you get after 2 years). It might be suspicious though, but if you moved here being normal family unit (not fake one), then I don't think there is anything to worry about really smile.gif

But I am not legal counselor by any means. @Case officer probably knows more.

QUOTE (hlemmur @ 26.Sep.2018, 03:41 PM) *
...
They can apply in Sweden if they
...
- have a temporary residence and work permit because they have been married or cohabiting partners and the relationship has ended. Assuming they apply before their previous permit expires, they can continue working or start a new job while waiting for a decision.


It very well maybe be true. I'm just considering a case of my friend, who had to start over again.

Posted by: Visaqueryn 3.Jun.2019, 08:24 PM

HI,

How was your case sorted out? Did migrationverket consider your time on dependent permit as well? or did you have to start over again?

I also read about long term resident status that is granted when a person have lived in Sweden for last 5 years continous (breaks or gaps up to 10 months are allowed).

@Caseofficer, should not long term residence status be taken in cases where a person has residence time from both dependent permit and his/her own work permit.

Powered by Invision Power Board (http://www.invisionboard.com)
© Invision Power Services (http://www.invisionpower.com)