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PUT for Family member of Non-EU if marriages ends

Possibilities for PUT

Alice
post 3.May.2017, 12:16 PM
Post #1
Joined: 3.May.2017

Hej

My question is:

I am from a Non-EU asian country. I am married to a guy from my country since 1 year. I have lived in Sweden for 8 months (no person nummber for me yet) with my husband who has a permanent job in Sweden from 4 years.I had problems with my husband and i Went to police to report for his misbehaviours during the time we lived together.


I have a dependant family visa which will end in 3 months. After this time my husband will be able to apply for a PUT. But as far now i am not living with him, what are my chances of getting a PUT? Or i will have to leave the country after this period if my husband didn't apply my visa. I will highly appreciate if i know what are my possibilities under this condition.

Thanks in advance!


Please guide.

Regards
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Martian
post 3.May.2017, 01:20 PM
Post #2
Joined: 24.Jun.2015

Unfortunately, you can't eat your cake and have it. You can always look for other means to stay like work etc.
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mjennin2
post 3.May.2017, 02:16 PM
Post #3
Location: Västra Götaland
Joined: 8.Mar.2010

In short, as Martian said, your only possibility of being allowed to stay in Sweden is to find a job and then apply for a work permit from within, before your current permit expires.

Also, I'm fairly sure you wouldn't be eligible for PUT for a while anyway, even if you didn't separate from your husband. I think you'd be on TUT for a while longer still.
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Alice
post 3.May.2017, 03:50 PM
Post #4
Joined: 3.May.2017

Thanks Martian and Västra Gotaland.


My husband has not applied for a divorce yet. We had been living in a 4-room rental aprtment. I had been a housewife all the time during my stay in Sweden (8 months). We have no Children yet. What if he divorce me? Will Swedish divorce rules apply? Our marriage is registered in Skatteverket, although we married at our home country.


Will i be liable to something or i will have nothing for me?


please guide smile.gif

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mjennin2
post 3.May.2017, 07:24 PM
Post #5
Location: Västra Götaland
Joined: 8.Mar.2010

I'm not quite sure but I have seen many threads on this forum about divorce law in the past, so if you do a search (just search for a keyword like "divorce"), you should be able to pull up some info. In fact, here are the "divorce" search results, here: https://www.thelocal.se/discuss/index.php?a...lite=%2Bdivorce

However, whatever financial gains you may or may not be entitled to, it will not help out your situation of maintaining residency. I was actually a bit quick in my previous response, as there are other options too besides work. If you enroll in a full-time school program, you can later switch to a temporary student permit. You could also end your current relationship and begin one with a new sambo, but given your visa expires in 3 months, I don't know how possible it would be for you to get a divorce, heal, meet someone new, and move in with them full time :/

I don't know the nature of what you had to report your husband for, but it sounds like it would need to be terribly serious in order to use it as grounds to receive a TUT extension. https://www.migrationsverket.se/English/Pri...nship-ends.html <-- but bear in mind, that's for extending a sambo permit. Given your husband doesn't even yet have PUT yet, I imagine you are on a temporary residence permit based on his work permit? If so, I'm not sure the rules would even allow you to use violence as grounds for extending the permit outside of a relationship sad.gif

If you can, try to seek actual qualified legal advice so that you are able to make the best decision that is also within legal guidelines. <3
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Alice
post 4.May.2017, 01:28 PM
Post #6
Joined: 3.May.2017

Thanks again Vastra Gotaland.

I have read the conditions on migrationverket website in the link that you have sent. I have not Heard anything from police since 2 months and i don't have very strong proof to show as well except some that i showed already and which my husband already denied. How long will this police case take, i am very upset about it. My husband is moving freely. If i apply on this violence basis, will i be able to get a PUT or still TUT? How long will it take for these cases in migrationsverket? If i apply for a permit , will it be fast as i am in a protected Place or it will take years as all other applications at migrationsverket?


During the time i have no job, how will it go?


Thanks and sorry if i am asking too much sad.gif
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mjennin2
post 5.May.2017, 01:00 PM
Post #7
Location: Västra Götaland
Joined: 8.Mar.2010

You won't get PUT until you fulfill the requirements for it while on a TUT visa. Even refugees won't get PUT until they meet the time requirement and can prove they can support themselves. I don't know what type of permit you have right now, but if my guess is correct that you are on a temporary dependant visa as the spouse of a foreign worker who also only has TUT - and also considering you have no children and have only been in Sweden for 8 months and don't have a job/aren't studying - you won't qualify for PUT until you either meet the basic requirements as the spouse of a foreign worker (I believe that requires you to have TUT for 5 years and can prove you have adapted to Swedish society via job, language studies, etc?) or if you convert your permit to a work permit and fulfill the requirements on TUT for that (which include, I believe, 5 years in Sweden and there are stipulations about how long you are allowed to be unemployed temporarily in that time and such). A study permit won't lead to PUT unless it's at the doctoral level, if I understand the rules properly.

But I can tell you this with certainty - without undeniable proof of egregious abuse by your husband, you will not be successful in your hopes of obtaining an extension to your TUT based on his actions. I know MV far too well... they are not lenient with this sort of thing. If/when they reject you, you have the option to appeal and stay in the country during that time, but I think your best usage of time between now and then is to strive to find a job that is capable of offering you a work permit. If you have the type of permit I think you do, you should be allowed to seek work while your current permit is still valid. I do not believe you will be able to seek work after it expires and you are waiting for the judgment of your extension request.

Unfortunately, in MV's eyes, you are here temporarily strictly because you are the spouse of someone who is legally allowed to be here. If your relationship ends, you no longer fulfill the qualifications to stay here. If you find a job however, that will apply for a work permit for you, you could stay. If you choose to go to school, you could apply for a study permit which could afford you some time to possibly find a job and later convert to a work permit.

I don't know how long your type of case would take because I am only familiar with the sambo queue and, to a lesser extent, the asylum queue. Work permits, study permits, and dependant spouse visas all go much more quickly in terms of processing as those permit units are not impacted. I also know that when a case does not meet the basic requirements for the permit, it is swiftly rejected (for sambo visas, the rejection comes within days of submission). But if your case requires special investigation, who knows... it could end up taking several months before MV delivers the decision.

I wish I had better news to share. But from all the years I have followed cases at MV, unless there is a special loophole I am unfamiliar with, I feel like I can almost guarantee you that unless you get accepted into a full-time school program or find a job that fulfills the requirements to allow you to stay on a work permit, you will told to return to your home country by MV once your current permit expires. sad.gif
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Alice
post 1.Jun.2017, 11:58 AM
Post #8
Joined: 3.May.2017

Hej again,

Thanks for your response.

Now, we are divorced and my husband has not applied any visa for me so i applied by myself based on faimly ties and that i have been abused by my husband. We have attach all reposts from police, social and doctor.


How long will take me to get a decision and now will i be able to get a PR or any other visa. How you see it.

I get a temporary personnummer also. How you see it.

Kind regards
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wallace1837
post 1.Jun.2017, 12:14 PM
Post #9
Joined: 21.Oct.2012

QUOTE (Alice @ 1.Jun.2017, 11:58 AM) *
Hej again,Thanks for your response. Now, we are divorced and my husband has not applied any visa for me so i applied by myself based on faimly ties and that i have been abused ... (show full quote)


I don't know exactly, but you should count time in years of waiting time.
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Svedallas
post 1.Jun.2017, 12:26 PM
Post #10
Joined: 21.Apr.2016

QUOTE (Alice @ 3.May.2017, 01:16 PM) *
HejMy question is:I am from a Non-EU asian country. I am married to a guy from my country since 1 year. I have lived in Sweden for 8 months (no person nummber for me yet) with ... (show full quote)


To get the PUT you will need to prove that you are still in a relationship, otherwise you are applying on a false basis.

Unfortunately, there are no other possibilities with a temporary permit. The only option is getting a work permit or offer in next 3 months. And waiting times for that are average 1 year. Sorry
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LLHope
post 1.Jun.2017, 05:49 PM
Post #11
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (Alice @ 1.Jun.2017, 11:58 AM) *
Now, we are divorced and my husband has not applied any visa for me so i applied by myself based on faimly ties and that i have been abused by my husband.

If you are officially divorced then you no longer have a husband, and therefore no family-ties (if you are thinking that your family-tie is your ...EX... husband). You don't have a job, there was no children ... there actually is not any reason why you need to be in Sweden anymore. Sorry, but that's the way it looks.

What you do have however, unless you signed and sent to Skatteverket a marriage agreement that states all assets are continued to be considered individual property ... entitlement to half of the combined assets, calculated at the time the divorce was received and processed by the court.
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Alice
post 3.Jun.2017, 05:55 PM
Post #12
Joined: 3.May.2017

We were married less than a year. and we have lived together in Sweden 8 months. During this time, i had no address and no personal number as my visa was valid for less than a year. I had no job and we had a rental house 4-room apartment. Even under these circumstances, i am entitled to half or how it will be? And now when divorce is complete, do i need to apply for all this separately?
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Qasqot75
post 3.Jun.2017, 08:01 PM
Post #13
Joined: 16.Jul.2007

QUOTE (Alice @ 1.Jun.2017, 12:58 PM) *
Hej again,Thanks for your response. Now, we are divorced and my husband has not applied any visa for me so i applied by myself based on faimly ties and that i have been abused ... (show full quote)


I have friends with similar cases like yours who are now asylum seekers.Make research on Asylum seekers from your country of origin.
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Qasqot75
post 3.Jun.2017, 08:11 PM
Post #14
Joined: 16.Jul.2007

QUOTE (Alice @ 1.Jun.2017, 12:58 PM) *
Hej again,Thanks for your response. Now, we are divorced and my husband has not applied any visa for me so i applied by myself based on faimly ties and that i have been abused ... (show full quote)



I think your best bet is to seek asylum so you can buy time to
look for a job or another partner preferably from an EU country.
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LLHope
post 3.Jun.2017, 09:43 PM
Post #15
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (Alice @ 3.Jun.2017, 05:55 PM) *
We were married less than a year. and we have lived together in Sweden 8 months.

If your marriage was officially recognised in Sweden then when the marriage ends the assets should be divided into equal halves. Some things are excluded, for example inheritance, things that were clearly personal (clothes etc.). If you signed an agreement before or during the marriage that states all assets are personal, then there is no division. Even contributions to private pension are up for grabs, since the money paid into the scheme could have been used for other purposes in the marriage.

Even if your ex-husband has now disposed of all cash and assets, the cut-off for determining what should have been divided is not now but rather when the court first officially received/recognised the divorce application. You can try to negotiate with your ex with regards what should have been divided, or you can apply to the court for an independent court appointed person that will do the calculation and agreement, which is later sent to the tax authorities as the official record of the division.
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