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Swedish permit and Schengen visa

leaving Sweden urgently due to family reasons

Filisata
post 11.Jun.2014, 07:17 AM
Post #1
Joined: 11.Jun.2014

Hello everybody,

I'll appreciate a lot if someone will share any info concerning my case.

I had a work permit in Sweden that expired 4 months ago. I have started my PhD studies 2 months ago and am still waiting for my new study permit. I know that it is possible to stay in Sweden and wait for the new permit as long as you applied for one, but I have heard that there might be some problems if I will leave Sweden. There might be problems with coming back. The problem is that I will have to go out of Sweden due to family related reasons in few days and I am afraid that I will not be able to come back to Sweden since I do not have my new permit yet. BUT I have a Shengen visa in my passport that was issued not by Sweden. I wonder do you think will it be possible for me to come back? I will go home to my family just for my day and in 1-2 day will have to be back in Sweden.

Maybe I should ask Migrationsverket for some paper that they have my case? or even if they will grant me a residence permit I will still not have time to get a permit card - will it be possible to enter Sweden without the card but with a decision that I was granted a permit?

Thank you very much in advance! Sorry for the confusion, but I really need to go home due extra-necessary family reasons.

Best regards,
Filisata
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friendonlyyours
post 11.Jun.2014, 07:58 AM
Post #2
Joined: 11.Aug.2009

If you have valid Shengen visa there should not be any problem to travel back to any Shengen country.

There is no way to travel back on waiting decision may be border immigration in Sweden can check your pending application in Sweden but Airline will not let you on board without a valid visa that simple paper with application number from Migrationsverket will not work there as nobody know who the hell is Migrationverket outside the Sweden.

Airline can get fine if they let you travel without a valid visa.
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Filisata
post 12.Jun.2014, 11:22 AM
Post #3
Joined: 11.Jun.2014

friendonlyyours, thank you for the comment.

so as I understand I even will not be able to leave Sweden?
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friendonlyyours
post 12.Jun.2014, 11:26 AM
Post #4
Joined: 11.Aug.2009

If you have valid schengen visa it should not be problem to come back. Good Luck...!
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Filisata
post 12.Jun.2014, 11:31 AM
Post #5
Joined: 11.Jun.2014

I hope a lot for a good luck. I'll write back as soon as I'll come back to Sweden. I hope I will come back...)))
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soufiah
post 21.Jun.2014, 01:59 PM
Post #6
Joined: 7.Jun.2008

if u have a valid shcenen visa!! u can come back in all schengen stateds when ever u want.
no need to ask migrationboard or any other...this is so simple...

have a good journey!!
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Filisata
post 24.Aug.2014, 08:12 AM
Post #7
Joined: 11.Jun.2014

Hej, it worked! There were no problems on the customers smile.gif
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oasis9
post 26.Aug.2014, 12:06 PM
Post #8
Joined: 15.Aug.2014

And when you come back to Sweden and stay, you will violate the Schengen laws. One has to enter and then leave to the native non-Schengen country where it was given from according to Schengen visa rules, otherwise you will be overstaying. The correct and lawful action here is to have re-entry permit however Sweden has no such permit whereas Denmark, Finland and many more has it.
Sign and invite your collegues for the re-entry permit petition in Sweden

https://www.change.org/p/sweden-migrationsv...ermit-in-sweden
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Case officer
post 26.Aug.2014, 12:39 PM
Post #9
Joined: 25.Jul.2012

QUOTE (oasis9 @ 26.Aug.2014, 01:06 PM) *
And when you come back to Sweden and stay, you will violate the Schengen laws.

You just made that up.
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oasis9
post 26.Aug.2014, 01:24 PM
Post #10
Joined: 15.Aug.2014

Coming directly from consulate answer paper

"An application for visa is refused according to the European Parliament and Council Regulation (EC) No 810/2009 Article 32 if the applicant cannot demonstrate the purpose and conditions of the intended stay or if there is reasonable doubt on the authenticity of the supporting documents provided by the applicant or the content veracity, the reliability of the applicant's statements or his/her intention to leave its territory before the expiry of the visa applied for"

All because I honestly told them that my intention is to go to Sweden and keep on waiting for my residence permit decision, which is a right granted by Migrationsverket.

[img]http://s27.postimg.org/x6w7gs8tv/image.jpg[/img]


And following is the answer from the consulate following right after the above paragraph.

"The consulate finds it obvious that the purpose of your visa is not a short visit but instead a way to travel to Sweden and stay there during your application. Therefore your application is rejected"
And we all know that the Visa consulates are the employees of Migrationsverket.

Now tell me who is making up what.
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Case officer
post 26.Aug.2014, 04:42 PM
Post #11
Joined: 25.Jul.2012

Which are the "Schengen laws" that a successful applicant will be in breach of? On the contrary, a person with a Schengen visa can remain in Sweden if any circumstances listed in paragraph 18, chaper 5 of the Alien's act are applicable.
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LLHope
post 26.Aug.2014, 05:29 PM
Post #12
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (oasis9 @ 26.Aug.2014, 01:24 PM) *
"The consulate finds it obvious that the purpose of your visa is not a short visit but instead a way to travel to Sweden and stay there during your application. Therefore ... (show full quote)

You got this because you were applying for a short-term visa, the OP didn't apply for one, already had it and therefore if it is still valid it can be used for travel. Once back in Sweden the OP has the right to stay whilst the application is being processed for study permit. All perfectly legal and OK.
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oasis9
post 27.Aug.2014, 01:01 AM
Post #13
Joined: 15.Aug.2014

QUOTE (Case officer @ 26.Aug.2014, 03:42 PM) *
Which are the "Schengen laws" that a successful applicant will be in breach of?


European Parliament and Council Regulation (EC) No 810/2009 Article 34
"A visa shall be revoked where it becomes evident that the conditions for issuing it are no longer met"

OP states that he is doing PhD for 2 months so the current condition of residence is studies which does not coincide with the material he presented in accordance with 810/2009 14.1c during the application of his schengen visa anymore.

@LLHope taking above into consideration, all is not perfectly legal and ok! If the bodies carrying out the regulations worked properly, what should have happened are
1) OP's existing schengen should ve been revoked as soon as his new condition was registered to the system (student residence)
2) For his visit back to his family, OP should have applied for a visa that is serving to his new conditions (waiting residence permit decision however has to exit Sweden and then come back)
3) Swedish authorities should issue a re-entry visa/permit

This is the proper way of doing it. This is why many countries including Denmark and Finland have the visa type called re-entry permit. If what OP did was legal and OK, then the lawmakers of Denmark and Finland who are maybe 100 times more versed in this subject than everyone in this forum could have told to their residents "Do you want to go and come back while your application is in progress? Then go get a schengen visa from another schengen state and enter our borders back with that visa and dont make us invest millions into a new type of visa!"
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Case officer
post 27.Aug.2014, 07:31 AM
Post #14
Joined: 25.Jul.2012

The claim was "And when you come back to Sweden and stay, you will violate the Schengen laws." It may be possible that the consular staff must revoke a Schengen visa in certain circumstances, not that the successfull applicant will be in breach of the directive. The latter is important since individuals are not parties to the directive, only member states.
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cherrybubble
post 27.Aug.2014, 09:22 AM
Post #15
Joined: 17.Oct.2012

QUOTE (oasis9 @ 27.Aug.2014, 01:01 AM) *
European Parliament and Council Regulation (EC) No 810/2009 Article 34"A visa shall be revoked where it becomes evident that the conditions for issuing it are no longer m ... (show full quote)


I doubt the OP would NOW get a short term visit visa for sweden, given that they are waiting on a study permit. This is similar to your situation. OP however, is lucky to have a schengen visa from before that is now coming in handy perfectly legally, since the visa is still valid. I know this makes you bitter given that your application was rejected, but you're arguing your concept of whats "fair" with LLHope and caseofficer, who are telling you the legality of the matter...which are two very different things!

The reentry permit is a sticky issue. It actually makes sense only in very few cases. You're imagining all the cases where good, well intentioned people who do not lie on visa applications have their plans thrown into disarray because they have to wait a long time for their visas to be reissued, or for a change in status (student to sambo or work to sambo and so on.). if such people got reentry permits they can carry on with their fine upstanding citizen lives until the paperwork and bureaucracy of visa reissuing is done without disruption from their work.

But now consider the opposite cases. There are people who have NO right to be here, they are not genuine students, or have sham relationships that they are only claiming to have for the sole purpose of staying in the country. (And don't imagine this number is small.) What if these people were given reentry permits? If, during processing, the government realizes they are fakes, they are ALREADY in the country, probably now underground somewhere and they will NEVER leave. Sweden is HORRIBLE at deporting people. I read a statistic that said that 80% of illegal immigrants to sweden find a legal basis to stay after 5 years. If you've been on the local long enough you've seen PLENTY of people who will do ANYTHING to get to stay.

My advice to all of you who are pushing this reentry permit petition is to look at the issue from the POV of the government. If you can somehow come up with a solution that is narrow enough to exclude MOST sham artists, while still serving the needs of the well-intentioned, this is what people will listen to. Not blanket claims of "injustice".

I'm sorry for your troubles oasis9. I hope they are settled soon.
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