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PR being declined due to arriving Sweden late

can anyone help?

visa_42
post 28.Oct.2019, 04:14 PM
Post #1
Joined: 28.Oct.2019

I have a friend who has worked for 40 months during the 48 months holding a visa because he arrived 8 months late when he got his first WP. He has recently got his visa extension declined.

In the decision letter, he was accused he did not inform MV in the first place when he knew the project was delayed. And due to the fact that he does not "contribute enough" to the society and does not "have a close connection" with the labor market, MV could not grant him a PR. And due to one can hold a working permit for max 48 months in a 7-year-period, he can't be granted an extension either. Therefore, he will have to leave the country within 4 weeks.

I also arrived late, so I will be working for only 41 months. I am aware of the 42 months rule and I understand I will be in huge risk. My partner has a job but since my partner holds a dependent visa, my partner could not apply a WP from Sweden. I guess I will have to be the main applicant anyway.

Does anyone hear of any similar cases and how the cases be treated? Is there any chance for me to get an extension or PR? How can I be prepared? What kind of documents/statements are needed?

Thanks in advance!
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Family_permit
post 30.Oct.2019, 06:56 AM
Post #2
Joined: 25.Sep.2018

I can give you an honest recommendation: move out of Sweden while you are young, have energy and will to live your life.
Sweden will drain energy from you and if you decide to go on courts and appeal and everything - it will drain every atom of your soul and in the end chances that you win appeal are extremely slim.

Sweden likes to let the young people come to Sweden, contribute to their insane tax system and then kick them out. That is how the system is designed - something like work holiday visa that they offer for citizens of Japan, Australia, etc.but actually for everyone with expiry date of 4-6 years after which the system is designed to find a flaw and kick you out.

So therefore my recommendation is: if you have any skills move out of Sweden to some normal country if you can. If not - home country is still a better option than Swedish madness.
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ITProf
post 31.Oct.2019, 01:20 PM
Post #3
Joined: 15.Jan.2014

Hello
I arrived approx 3 months late first time 5 yrs back. But because I was late by 3 months, I did contact MV beforehand and clarified with them if this would be a problem or not. They told me this would be fine but I could be asked the reason for the delay later on. However, at time of PR decision, everything went smoothly and they did not ask me anything. Most likeöly because I was within the acceptable window of 42 months out of 48.

But being late by 8 months is quite a lot, I wonder if your friend evey thought to checking like I did to be on the safe side. If there were no regulations about this, then people could just apply for and get work permits without moving here for enough time and obtain a PR without even being here long enough. Wouldn't that be a bit unfair?

It is good you are already asking this question, but you should check with MV directly as well to get a better answer.

I also think there is more to this case than your friend has disclosed to you. When MV says: "..he does not "contribute enough" to the society and does not "have a close connection" with the labor market," they do not say it without any reason. I think there is something else wrong with the application. Such as: Has he been continuously employed? Form of employment? etc. I don't know for sure.

Normally, they describe the reasons for the denial and this line points to more than the missing 8 months.

And, since there is the reference to "project", I guess your friend is a consultant through an offshore company and here only to serve a client. In that case either he did not care to find out the regulations, por his employer did not care for him either.
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visa_42
post 31.Oct.2019, 09:58 PM
Post #4
Joined: 28.Oct.2019

Hi,

Thanks for the posts.

ITProf, neither my friend nor I had thought about the consequences when we arrived late. At that time, if one arrived late, an extension would be given so one can pay enough tax and then applied PR.

However, on May 20th this year, MV has drawn up a legal position paper, which indicates it is not possible to give an extension after 48 months. Now this page is removed from MV website but here is the cache: https://webcache.googleusercontent.com/sear...mit-period.html

Actually I had contacted MV, before my first extension. I told MV that I arrived 7 months late and asked if I can get an extension. MV replied the same: they might need an explanation. Therefore, I explained the reason in the application and got my WP successfully extended for 2 years.

So did my friend. My friend continued working for the 2 years after her first extension. When it is the time to extend the visa at the end of May this year, he repeated the explanation but this time, MV declined his application. During the time waiting for the decision, he is still working and by the time he got the rejection, he has paid tax for 44 months. However, only the taxes paid during the period he holding a valid visa count. He started work immediately when he arrived in Sweden and is continuously working for the same employer with a permanent contract. I think MV's "not enough contribution" refers to less than 42-month-tax.

Honestly, I think Family_permit has a point here - maybe that's why MV gave us 2-year-extension first time easily. Sadly, we are not young. Also, we have kids going to school and kids now also have their own friends here. We also owns properties. When my friend got the decision, he was also concerned how he could sell his apartment and close his bank account within 4 weeks.
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Family_permit
post 2.Nov.2019, 11:53 PM
Post #5
Joined: 25.Sep.2018

I am telling you from my own experience, I was paying over 230k sek in taxes annually and they found a reason to kick me out twice from Sweden. First time I came back but when it happened for the second time I left Sweden even without going through appeals.
Long story short I moved to another country in EU where I am happier than I ever was in Sweden. Who wants to sponsor swedish socialbidrag system can do that but they are not getting a penny from me anymore.
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Case officer
post 6.Nov.2019, 05:22 AM
Post #6
Joined: 25.Jul.2012

In some circumstances it is possible to be granted a temporary permit beyond 48 months. Anyone who came to Sweden late as utstationerad should request that 1) a permanent residence permit is granted and 2) that a temporary extension is granted for a limited time.

The temporary extension should be claimed based on the government proposition 2013/2014:213 page 29:

"Ur ett rörlighetsperspektiv kan det ifrågasättas hur ändamålsenligt utformade dessa regler om arbetstillståndens längd är. En inte helt ovanlig situation är att en utlänning, som är anställd inom en koncern utomlands, upprepade gånger sänds till Sverige för att utföra arbeten begränsad tid. När den sammanlagda tillståndstiden uppgår till fyra år kan utlänningen inte beviljas ytterligare arbetstillstånd, vilket utgör ett hinder för arbetsgivarens verksamhet och utlänningens möjlighet att utföra arbete i Sverige. Regeringen anser att de nuvarande reglerna behöver justeras."

https://www.riksdagen.se/sv/dokument-lagar/...eckling_H103213
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