The Local is not responsible for content posted by users.
  Reply to this topic

New Workpermit application after rejection

After being outside Sweden for 6 months

Pikki
post 25.Aug.2018, 05:31 PM
Post #1
Joined: 24.Aug.2018

Hi,
My Workpermit extension application was rejected by MV after I stayed and worked continuously for 48 months, on the grounds that I was paid less than what I was promised by my employer for the first one year of my Workpermit period. It was in June 2017. Later we appealed and even the migrations court rejected our appeal. The agency that helps our company with immigration suggested me to stay outside Sweden for 6 months and submit a new application. Is there anyone whose permit was rejected and managed to get new permit after being outside Sweden for some months? I have been working for the same company all these years even when I am outside Sweden. It is probably one of the biggest employer in Sweden.
Go to the top of the page
+
Darina
post 25.Aug.2018, 08:44 PM
Post #2
Joined: 7.Dec.2016

I have read in this forum that some managed to get the new permit granted even right after they left Sweden to apply, and some that got rejection on the new permit even after some months. Basically you are gambling on the case office's judgement by that time.

It is strange though that a very big employer as you described did not pay you the amount they promised...
Anyhow, assuming the cooling period you plan to wait outside Sweden you might continue to work remotely for the company. Then I suggest you consult a lawyer how the company should pay you during this period, as you might not be allowed to continue the employment i.e. payroll in Sweden during that long period without a resident permit.
Go to the top of the page
+
Pikki
post 27.Aug.2018, 11:39 AM
Post #3
Joined: 24.Aug.2018

Hi, Thanks for the quick response. My company did pay me as they promised. But MV doesn't want to consider the accommodation cost as salary but that was also calculated as salary while applying for the visa. My company says that the change in rules in 2016 impacted, if I understood correctly. In my case it was very clear that my company doesn't want to cheat me and even they are providing full support to handle the situation. MV fails to understand it or the laws don't all them to do so.
Yes, as you said it is a gamble as no one knows how the case officer interprets the laws and individual applicant situations. It will be just another try after all the rejections.
By the way, I remember, I checked with MV over mail and they said that it is legal for me to get paid in Sweden while working from outside Sweden. They say only one needs work permit if they work from Sweden soil.
Go to the top of the page
+
maggi
post 28.Aug.2018, 01:43 PM
Post #4
Joined: 4.Dec.2017

After rejection, You can always apply after 6 months and based on the new employment details you submit, you will get the new visa for 2 years
Go to the top of the page
+
Case officer
post 28.Aug.2018, 03:19 PM
Post #5
Joined: 25.Jul.2012

QUOTE (maggi @ 28.Aug.2018, 01:43 PM) *
After rejection, You can always apply after 6 months and based on the new employment details you submit, you will get the new visa for 2 years

Correct, but OP will never get a work permit to go back to the employer that paid less than what is acceptable.
Go to the top of the page
+
Pikki
post 29.Aug.2018, 05:10 AM
Post #6
Joined: 24.Aug.2018

@ Case Officer - What do you mean by OP?

By the way, I am going to submit new work permit application with the same employer, with exactly the same job role and description but with a new contract. Do you have any idea if that would be a problem.
Go to the top of the page
+
kumam
post 29.Aug.2018, 08:53 AM
Post #7
Joined: 3.Feb.2017

QUOTE (Pikki @ 27.Aug.2018, 12:39 PM) *
Hi, Thanks for the quick response. My company did pay me as they promised. But MV doesn't want to consider the accommodation cost as salary but that was also calculated as ... (show full quote)

Did you or your company show the accommodation cost in your tax return and paid taxes on it ? If yes, then it should be counted in your salary. This is a very common model for all the tech/IT companies in Sweden. The change in rule in 2016 does not have any impact on it...
Go to the top of the page
+
Case officer
post 29.Aug.2018, 01:05 PM
Post #8
Joined: 25.Jul.2012

If your employer offer you free or cheap accomodation, then this is a taxable benefit that you must report to the Skatteverket. OP is Original Poster.
Go to the top of the page
+
jbj274
post 29.Aug.2018, 05:52 PM
Post #9
Joined: 21.Jan.2018

QUOTE (maggi @ 28.Aug.2018, 02:43 PM) *
After rejection, You can always apply after 6 months and based on the new employment details you submit, you will get the new visa for 2 years


Can you share any reference where it states that you have to be 6 months outside Sweden before you can apply for a new Work Permit?
Go to the top of the page
+
Pikki
post 30.Aug.2018, 05:29 AM
Post #10
Joined: 24.Aug.2018

I was on international assignment during that period and our tax consultant didn't include the accommodation amount in tax returns as it is possible to avail tax exemption under double housing exemption. However my global income (salary in home country during that time) was shown in tax returns and paid taxes for that. The accommodation amount was not shown in payslip as well. With the same information I got work permit extension twice (2015 and 2016) before being rejected during PR (2017) application. Then realized the mistake. Later it was not clear if we can change the tax returns and if MV considers it as OK. In the rejection letter, there was a comment that the salary level was below the union specification for some months during that period, then we showed the tax returns including global income, which has higher level than the minimum requirement. Strangely the court commented that the tax returns can't be the basis for salary calculation.
If a company makes mistake and pays less than the promised level, then why MV punishes the sufferer but not the company. In that case MV Should not give any work permits to that company instead of rejecting applicants new application.
Go to the top of the page
+
jbj274
post 31.Aug.2018, 03:47 PM
Post #11
Joined: 21.Jan.2018

QUOTE (jbj274 @ 29.Aug.2018, 06:52 PM) *
Can you share any reference where it states that you have to be 6 months outside Sweden before you can apply for a new Work Permit?


Does anyone have any clue where this 6 months rule came from?
Go to the top of the page
+
ShirleySSS
post 31.Jul.2019, 12:28 AM
Post #12
Joined: 9.Jul.2019

QUOTE (Case officer @ 28.Aug.2018, 04:19 PM) *
Correct, but OP will never get a work permit to go back to the employer that paid less than what is acceptable.


Hello Case Officer,

I have a tricky question really want you to share some opinions.

I had a family permit in Sweden before, but the relationship didn't work out. So I applied for work permit based on my fixed term contract as soon as I got everything in hand. 5 months after application, my family permit expired. Until now, I haven't received any reply by my case officer after I handed in extra documents.

But today I am offered a permanent job with a probation period. I really want to take it. What should I do with the permit application now? Should I wait for my current work permit and after I get it I apply for a new one or should I just cancel the application and go back to my home country and apply a new one based on new employment?

Thank you for your time and have a nice evening!

Best Regards
S
Go to the top of the page
+

Reply to this topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members: