Re: appeal

@Sagittarius83 hi I know this is a very old post but I'm currently facing the same issue. I got rejected too then appealed. Now I've been waiting for almost a year after I appealed. I wonder how's your case going on? Did you get approval after your Appeal?

Here norway takes everything long time right now.I was waiting appointment to police 6month.now maybe 6month to get personal number.Thats Norway 😁

Hello Goonersafc,

Unfortunately @Sagittarius83 was last active 2 years ago and it is highly unlikely that @Sagittarius83 responds to your message.

For more visibility, you can create a new discussion on the Norway forum where you can ask about all your questions.

Cheers,

Yoginee

Expat.com team

@Goonersafc hey how are you? Are you waiting ure appeal decision from UDI or UNE?

@gelilagiz hello I'm doing fine, thanks. How are you doing? I appealed to UDI not UNE. Have you appealed too? And are you currently in Norway?

Am also good thanks. Well me I got rejected and appealed on June 30. And yesterday which is after 2months the UDI said they refuse me the deferred implementation(temporary residency)  and should leave within 10days. However they have transferred my case to UNE for the final decision and should wait while I am out of norway.

@gelilagiz hi so sorry to hear that. If I may know, what is the reason of the rejection? I appealed since September 2021 but no news until now. But I have called few times asking about the legality of my stay here, they said I'm allowed to stay while waiting for the appeal answer. I don't know why it takes so long for my case to get the answer of the appeal.

The reason of my rejection is basically I am a student in poland and my husband is in norway I was visiting him back and forth during my studies, during my application the UDi calculated the number of days I have been in norway which is 100 days, however the law only permits someone without a residence in norway to only stay for 90 days. Due to that reason even tho we completed every document required from us while applying,  the UDI did not accept as because of lack of formality(law). That is their reason unfortunately and how about you? And for your question above reason to why they are not responding quickly is because there is an updated law, I am not sure if you checked it out but if you applied before Jan,2022 it may take longer for them to answer. For my case I applied after Jan,2022. In addition to that you still can stay in norway until the UDI responds to your deferred implementation. 

Hi @gelilagiz

@karen anonuevo hello

Hello everyone,

@ Karen, how can we help you ?

Regards,

Bhavna

@gelilagiz thankyou for sharing your story. I hope things will work out at the end. So are you gonna go back to Poland again or to your home country?

Same as you, I had residual permit in EU country (Germany) so I was be able to back and forth to Norway at least before covid. But I'm aware of the numbers of days that they will canculate, I read about it before. So always make sure it's not over 90 days.

I got rejected because of my husband's income. I applied during covid, he lost his job for few months bcus of it. So got help from NAV during that time. But it doesn't count as income so UDI said it's not enough but he back to work again after that so I've already sent additional documents along with my appeal. Still waiting for the answer until now.

hope it will be ok. So worry because we have a one year old son. Can't imagine If I had to leave Norway..

Hi @gelilagiz Did you try also the resident card application according to the eu/eea regulations? By any chance Are you living also in Poland before? Actually my first application was the resident card according to the eu /eea regulations but it was declined because of the wrong application

We should be living in an eu country aside from Norway to be qualified that's why I appeal for the family immigration visa Instead. I'm not sure how long should be living together in an eu country to be qualified. ☺️

@Goonersafc ohhh I hope things will work out on your end too. And am finding other ways to stay here, since my residency has already  expired. 😩

so basically In my opinion I don't think they will refuse you  the temporary residency until you get the final decision from them as having a son makes it concrete for them not to.

As I mentioned earlier since my case for rejection is co-related with staying more than 90 days ,that is the reason as to why they refuse the deferred implementation. In addition to that if you have the required documents proving that your husband has enough income required from the UDI, I think you will have a positive feedback. We should just wait and see what they have to say.

@Bhavna hello

@karen anonuevo hey Karen I applied  for family reunification not the other one.😌 and yes I've lived in poland for like two years or so.  I think if you apply with the right application everything will be okay for you.

Hi @gelilagiz but you live together also in Poland with your husband? Because the UDI said as long as you live in eu country aside from Norway you can apply for resident card under eu/eea regulations if I'm not mistaken 😊

@karen anonuevo hi karen, as you have mentioned about the EU regulations few times, I think you may have mistaken the meaning of it? EU/EEA regulations ONLY applied to EU citizens and their family members (either EU or non EU citizen). It also states on UDI website. So citizens outside EU (like us from asia or africa) even if we have resident permit in one of the EU country, the EU rules still dont apply to us because we're not the citizen. Unless, your partner is EU/EEA citizen. But if your partner is norwegian, I dont think the rules will be applied to your situation. If your partner is a norwegian and both of you have lived in EU country together, the rules still NOT applied for you unless you're an EU citizen. I hope you understand what I mean 😊

“Some applicants who have family in Norway can choose between applying for a family immigration permit or a residence card for family members of EU/EEA nationals” - UDI website

It says “nationals” means only the citizen. I have a German resident card too, but I can't apply for EU/EEA regulations because I'm not a citizen. It's different.

Hi @Goonersafc thank you for this ☺️ I'm not confused anymore

I would like to ask a question. What are the advantages and disadvantages of appeal for family immigration visa refused fot not enough income. I dont know what to do.  (I am in morway)

I don't know your work situation, maybe if you could have a normal job with normal income is enough to appeal and get positive answer, just saying, plus maybe you can stay, knowing that you are married with a norwegian. I wish all the best for you.

@Luna F thank you. Yes he is. But income became problem. I have no permit to work or find a job. And it seems impossible to find a job. I learned that if i appeal i can stay. But how many years gonna take it ? How many montht will go without no health care rights... and lock down here. I am already here more than a year. God knows, when i apply waiting time was 4 months  and became 12 months.  This stuation became so depressive. And i am sick and tired of brutal waiting times. This waiting times for everything about familly immigration or appeal literally against to humen rights. We cant make a plan we cant see what is coming.

@Cansu Sømhovd Hi! I think they are pretty strict when it comes to your husband's income to support you is it a lot under the required amount?

Is there any chance it could be wrong or affected by something that will change for example coronavirus?

If not your best chance is to get a skilled worker job, then you can apply fora visa in your own right.

Good luck

@Cansu Sømhovd so sorry to hear you didn't get a positive answer on your application.

UDI is very strict with salary requirements that is the main requirement that needs to be met to get close to being approved.

Did your partner income changed or met the qualification?, because if not, you will know your answer if you appeal.

Maybe you can purchase a private health insurance while you wait?

We won't know how long the appeal can take sadly - I mean, yes they do have a published waiting time for it but who knows really could be earlier or later than that.

@Jomax13 thank you very much. This weekend i have job  interwiev releated with my degree. Wish me luck 🙏

@ellenamisa i will try my best ... wish me luck with my jin interwiev.

@Cansu Sømhovd good luck and all the best, think positive and trust that everything will be ok 🙏

@Cansu Sømhovd good luck - all will be well - trust it!

@Cansu Sømhovd

Masse lykke til!!

Hope you get good news this time :-)

My resturant owner submitted my work application for my behalf in Norway 2oct still udi didn't give me any response what happen somebody gide me plsss

@Jomax13  tusen takk 🙏

@Ajay Rana51, Nice to connect you. For my case, My employer applied for the permit on my behalf, including my family members, and  we received approval from the UDI (Norwegian Directorate of Immigration) on October 29th.

The entire process took approximately four weeks, which I consider to be quite efficient. However, it's important to note that the decision time can vary from person to person, depending on factors such as job role and the specific details of the application.

Hope you will receive positive news soon!

Thank you!

Gokul

@Cansu Sømhovd how is gone? Some good news? Hope you are ok and everything will be ok... My husband still didn't have an answer, 14th of november was one year since he submitted his documents at UDI, in  february - march we had 2 interviews,at the police they said will take 6 months ( max) for an answer, since than nothing... Wish you all good luck!!!

@Luna F  it didnt go well... we appealed and i backed in my country yasterday. I will wait here. Cant stant to stay there without no right. so i didnt ask to stay in Norway.

@Cansu Sømhovd sorry but I think it was nice for you to be back home with family and friends and where you used to know everything and have a social life, probably is not good without your husband but I hope and wish you all the best and to be everything ok at the end. God bless you!

@Luna F thank you very much. He is with me now, he will back in Norway next week. I wish the best all of us. God bless us !