American applying for residency permit from within Sweden

Grevina New member

Member since 24 February 2019

GrevinaNew member14 July 2020 08:15:45

Hi..I’m a U.S. citizen married (23 years) to a Swedish citizen. After living in California for 20 years, we moved to Sweden. My family came first and I waited to get my residency permit but after 9 months with no answer, I came here to visit my family. While here, my permit was rejected (due to insufficient proof of maintenance income from my husband). We hired a jurist who didn’t really know what was required and then we were tangled up with an appeal which was ultimately rejected for the same reason. During this process we were assured by migrationsverket and the court that I was allowed to stay in Sweden while my case was pending. I have not received any information from migration or the court about if and when I should leave Sweden. We now have the proper documentation/proof of income and we are about to submit our second residency permit application. Our new lawyer has assured us that I can submit it from here and that we should get an answer within a week or two since the application is already complete.

Question 1: Can I submit my second application from here (since I’ve been here legally all along, haven’t been told to leave yet, have no home to return to, and coronavirus is rampant in the U.S.)

Question 2: How long should I expect to wait for an answer to this second application?

Any advice will be greatly appreciated!!

See also

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Moving to another country from Sweden - 6 Replies
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guestposter15352 Guest

guestposter15352Guest14 July 2020 10:47:22

Hello,

I don't think anyone know law better than a lawyer, if he/she said that is it then it must be so. But also to be any use for you since you asked it here on the forum, I would also say due to travel ban and overall situation in the world and particularly in the US, you would probably be able to submit it from here.

Swedish Migration Agency has not yet reached their full working capacity due to the pandemic so it is hard to believe "within a week or two" statement from the lawyer but again they know better.

Nevertheless even when they have full working capacity they are deemed to be very late, and besides it, they probably have many many cases on hold due to pandemic which they have to handle before new cases, after all you will submit a new application now, not an appeal.

So I give 2 out of 5 stars to your new lawyer

Grevina New member

Member since 24 February 2019

GrevinaNew member14 July 2020 12:15:18

Thanks so much for your feedback - just hearing another person’s perspective makes me feel less alone somehow...

ekhfaiz Sweden Advisor

Member since 23 September 2014

ekhfaizSweden Advisor15 July 2020 06:30:44

228

A lot of special considerations have been in place due to pandemic. Several people working in my office were supposed to return to India as their visas were expiring and then came the pandemic. I have not seen anyone of them being told to leave the country and extension to their visas was granted. So I guess you have also already received a similar consideration as you didn't receive a notice to go back. I believe once you make an appeal you are allowed extension again.
And yes migrationverket take their time to respond, 1-2 weeks is less probable for an answer but I did receive my resident permit extension within a week in 2016. Every other time its been a matter of months.
Your good lawyer maybe brings you good luck this time

Grevina New member

Member since 24 February 2019

GrevinaNew member15 July 2020 07:31:36

😊

Grevina New member

Member since 24 February 2019

GrevinaNew member15 July 2020 07:49:48

Thanks for taking the time to share your experience - it gives me some hope and I feel a little less isolated! 😊

guestposter15352 Guest

guestposter15352Guest15 July 2020 09:15:05

By the way, technically they have no obligation to ask you to leave due to the denial of spouse visa, since you are in the country as a tourist. They just can't ask a tourist who is a citizen of the US to leave before the 90 day period, that they are allowed to stay in the country. But if your 90 day period ran out way before the pandemic started, then you probably have a some sort of technical overstay issue. Now I am only putting things together as a layman. What did your lawyer say about that?