Monday, January 18, 2016

The Swedish Sambo Visa in 2015/2016 Part 10: The Sambo Manual (FAQs and Resources)

Warning: This is an "Information Overload" post!!

It's been some time since I last posted, because I've spent the past month in Sweden with my love for the holidays.  And we just passed a major milestone: 1 year since we applied for my UT!! WOO-HOO!!

For the past 2 months I have been planning my 1-year anniversary post.  I was going to make it all about our memories, things I had learned about myself and the world, sunshine, rainbows, and unicorns. :D But let's be real: we all need information right now, so I have put together the following masterpiece: The Sambo Manual.

I have already provided some extensive guides for the beginning part of the Sambo Visa process. You can find the topics at the following links: 


Those parts give a very detailed (in most cases) run down of each topic.  Now I would like to summarize some key points, questions, and offer resources for those trying to investigate this process for themselves.  The topics are organized in the following sections, color-coded for ease of identification if you want to scroll to a particular section:

Table of Contents
A.  Key Definitions and Acronyms 
B.  Application Process (including Quick Links)
C.  Overview of Processing Times (and your legal rights)
        1.  Processing Times
        2.  Your legal rights to a timely decision
D.  Technicalities, Loopholes, Options, and Applying for "Priority"
E.  Maintenance Requirements
F.  The Queue System
        1.  How it (is supposed to) work
        2.  "E3" and Technical Failures
G.  The Lifetime of a Residence Permit (from UT to Citizenship and the Appeals Process) 
H.  Supplying "additional information" to MV
I.  Other Resources 
J.  FAQs

So, without further adieu, let's begin:
A.  Key Definitions and Acronyms
  1. UT and TUT
    • UT means Uppehållstillstånd, which is "residence permit" in Swedish.  UT and TUT are the same thing - the T in TUT stands for Temporary.  UT TUT is a temporary residence permit.
  2. PUT
    • PUT is Permanent Uppehållstillstånd - which, obviously, is a permanent residence permit.
  3. MV, Mig, MiV and MigV
    • All of these acronyms stand for Migrationsverket, which is the Swedish Migration Agency.  This bureau handles every aspect of immigration and repatriation for Sweden.  Website (in English) can be found by clicking here.
  4. Sveriges Domstolar / Migrationsdomstol
    • Domstol is "court".  Migrationsdomstol is the court system of Sweden which handles the appeals process for migrant cases.  Website (in English) can be found by clicking here. 
  5. JO
    • JO stands for Justitieombudsmannen, or the "Justice Ombudsman." This is an independent government bureau who is tasked with investigating other government bureaus based off of complaints received.  Website (in English) can be found by clicking here.
  6.  Extension
    • An Extension is something you file for just before your 2-year TUT is about to expire, assuming you still qualify for a residence permit.  The outcome of filing an extension is either getting PUT, or an additional 1-year TUT, or a rejection.  For the latter, you may file an appeal with Migrationsdomstol and await the decision within the country, or else you must vacate Sweden.
      • If you came into Sweden already with PUT (for couples who had lived abroad together for 2+ years at the time they originally filed for a residence permit), you do not need to worry about filing for an extension.  You already have permanent residency.
  7. Common Law Spouse
    • A Common Law Spouse is a person with whom you can prove you have lived together with for 2 or more years in a row.  
  8. E3
    • "E3" is the name of the electronic queue that MV has sifted all web applications into.  This was rolled out in April 2015 and was met with spectacular failures which we are still seeing today.  Applications should all be handled in the order they were received, but based off of the spreadsheet, we can see that decisions and interview emails are being sent out in a non-consistent manner, and we can probably deduce that it was from technical failures.  See more about this topic below in F. The Queue System.
  9. Sambo, Särbo and Family Reunification
    • A Sambo is a Swedish abbreviation for "Samboende", which means "living together".  It's when a couple lives together :) In order to get a Sambo visa, you must prove you will be living together from the moment you move.  Until then, you and are your partner are likely Särbos, which is short for "Särboende", which means "living apart" -- that is to say, you are in a relationship with someone who you are not currently living with.  
    • Family Reunification is the official name of the permit we are applying for.  It is the permit allowing for the reunion of family members.  Even if you are not married to your partner, they are considered your "family member" to MV.  People wanting to reunite with their boyfriends/girlfriends, fiances, husbands/wives or children (under the age of 18) will apply for a Family Reunification permit.  Read more about the rights to family reunification observed by EU member nations (in English) by clicking here.
  10. Skatteverket
    • Skatteverket ("tax bureau") is the taxation agency in Sweden.  They not only handle your taxes, but you would also do things like register new businesses with them, register new addresses with them, register your marriage with them, and apply for a Personnummer.
  11. Personnummer or "PN"
    • A Personnummer (abbreviated as PN, and meaning your "personal number") is your national identity number.  It's like the American Social Security Number, but it does not need to be kept private.  It can be out in the open for all to see.  You cannot even so much as get a magazine subscription or gym membership without a PN, so illegals or unregistered persons are truly immobilized in society without one.
  12. Right of Residence
    • All citizens of the EU (including Swedes) have "Right of Residence" where they can move to any other country in the EU to seek work, study for free, get free health care, and seek a living situation without having any kind of special approval or permit.
Please write in the comments if you have seen any other words or acronyms that you would like defined for others!

B.  Application Process (including Quick Links)

There are two types of applications you can file for when applying to move to a partner in Sweden.
  1. If you plan on getting married or become a common law spouse
    • If you are not yet married but plan on getting married, or plan on becoming the common law spouse of your Swedish partner (you plan on living together with them for 2+ years), choose this application.  Web link to the application (in English) can be found by clicking here.
  2. If you are married or already the common law spouse of your Swedish partner
    • If you are already married, OR you already are the common law spouse of your Swedish partner (you can prove that you two have cohabited together at the same address for 2 or more years), use this application.  Web link to the application (in English) can be found by clicking here.
      • It is important to note for common law spouses, or married couples who can prove they have lived together at the same address for 2+ years, that the non-EU partner will receive PUT directly - not just a temporary 2-year TUT.
I have detailed the rest of the process in my Part 2 installment.

It is important to note that being married or being pregnant / having children will not make your permit process faster.  Neither will it go faster if you can prove that you have lived together for 2+ years ("common law spouse").  They are two separate applications, but the cases all go directly into the same queue, and they are decided upon based on the order they were received.

C.  Overview of Processing Times (and your legal rights)

1. Processing Times

In 2013, Sweden opened its doors to Syrian (and other) war refugees by offering them an unprecedented PUT residence permit should they be granted Refugee status (definitions of asylum seekers areexplained in my Part 8 installment; a recent history of Swedish migration is detailed in my Part 7a installment).  Because of this, all migration applications in Sweden (not just family reunification) have become increasingly delayed.

Here is the 2013 EMN Policy Report for Sweden.  Scroll to the bottom of page 9 where they discuss (for the first time) the increased wait times for family reunification permits.  It says:
In 2013, the processing times for first-time applications for residence permits for family reasons were rather long, as compared to earlier periods. While the average processing time was 152 days in 2012, it was 183 days in 2013. One of the reasons for this was that, in 2013, the processing of asylum applications was prioritised over certain other procedures within the Swedish Migration Board.
Here is the 2014 EMC Policy Report for Sweden.  Scroll to the middle of page 11 where it discusses the continued increase in wait times for 2014.  It says:
In 2014, the processing times for first-time applications for residence permits for family reasons were rather long, as compared to earlier periods. While the average processing time was 152 days in 2012, it was 196 days in 2013 and 244 days in 2014. 5 A main reason behind this was the higher caseload regarding several categories of residence permits. 
The 2015 report will not be published until later in 2016, so we will need to wait and see what it says.

What I can say is that at the end of 2014, the published waiting times on MV's website said, "Averages 11 months for online applications, or 15 months for paper applications." Three months later, in January 2015, the wait times were updated to say, "Averages 14 months for online applications, and 18 months for paper applications."

In April 2015, MV rolled out their new E3 Queue System designed to digitize the whole application process.  They updated the wait times to three different "buckets", or categories:

A. Quick decisions
  • MV defines these as the following:
    • the applicant is an unaccompanied child under 18 years who wants to move to a parent in Sweden
    • a child born in Sweden to parents who already have residence permits 
    • the applicant is a close relative of an EU citizen (this does not include Swedish citizens)  
    • the application has been made on incorrect grounds, for example the applicant has submitted an applicant for a residence permit at too early a date 
    • the supplementary information requested by the case officer has not been received in time
B. "Medium" Decisions
  • MV defines these as requiring the following:
    • an interview at a Swedish embassy or consulate-general
    • an interview at the Swedish Migration Agency 
    • more documents or a new scanned copy of a document on account of poor quality.
C. Long Decisions
  • MV defines these as the following:
    • the case officer wants the applicant to explain some information given in the application
    • the applicant's identity, family relationship or relationship of dependency needs to be investigated
    • the applicant needs to go to an interview at a Swedish embassy or consulate-general that has a long waiting time*
    • the applicant and their close relative in Sweden need to come to the Swedish Migration Agency for an interview
    • the Swedish Migration Agency needs to contact other agencies to check some information given in the application.
But the E3 system was met by substantial technical problems.  (This is discussed in further detail  in F. The Queue System).  This, compounded with the immigration crisis, spelled absolute disaster for everyone involved.  Within 6 months, the waiting times had been updated 4 times.  In the beginning, they were "4 months or less" for quick decisions, "4-9 months" for medium decisions, and "9-14 months" for long decisions.  By October 2015, they were updated to "Within 8 months" for quick decisions, "8-14 months" for medium decisions, and "14-21 months"  for long decisions.  The wait times have stayed static since the end-of-October 2015 update.

2.  Your legal rights to a timely decision
Short answer: You have none.

If you do some digging in the Swedish Migration legal texts, you will see in the Alien's Act charter that it says decisions on Family Reunification cases should be rendered no later than 9 months after filing.  We all get excited the first time we see this.  We all feel like we finally have legal ground to stand on when we read it.  But then we realize that Sweden classifies the migration crisis as "special grounds", and therefore they are able to surpass the 9 month "guideline" (it is not actually a law).  Here are a couple resources I have found:
Unless there are special grounds, residence permit cases under Chapter 5, Sections 3 and 3a of the Aliens Act (2005:716) shall be decided no later than nine months from the date when the application was submitted. Ordinance (2006:262). /Heading enters into force: 1 July 2006/ 
Q.34   What is the period of time established by law or regulation in which an application should be answered? (former Q. 41) 
Unless there are special grounds, the application for family reunification should be decided within nine months from the date when the application was submitted (Chapter 4 Section 21 a of the Aliens Ordinance, amendments made through 2006:262). 
Q.39 If no decision is taken within the period established by national rules, what are the consequences for the applicant? (former Q. 44) 
There are no legal consequences regarding the application and decision for the applicant if the nine month period is exceeded.  
And for the sake of full disclosure, I have yet to see ANY reference to a time guideline for decisions in the government's most recently published Utlänningslag

You of course have the legal right (whether you are a Swede or a national of any other country in the world) to lodge a complaint with JO.  How to do so can be found on JO's website by clicking here, and here is the actual online complaint form, directly.

However, it is well known at the time of this writing that JO has conducted several investigations into MV since early 2014 based on the swell of complaints they have received for the long processing times, and they have been able to do nothing about it.  Whilst they can conduct investigations and publish findings, its still up to the government or bureaus to actually enact change. (This is not a justification to not continue to try to get your voice heard; as we say in English, "the squeakiest wheel gets the oil").

Justitieombudsmannen (JO Ombudsman) Cecilia Renfors wrote this letter to MV on 13 November 2015, following up on the two complaints she lodged with MV, but to which she has not seen any action for. I have included it as an image because all I have is a PDF copy and I don't know how to successfully link it to this blog post:

In this letter, Mr. Renfors discusses two formal inquiries into MV that she had launched: one about the long waiting times (a copy of that report -- in English -- can be found on JO's website by clicking here) and one about poor service (a copy of that report -- in English -- can be found on JO's website by clicking here). There are countless other "decisions" as they are called (instances where the Ombudsman has chosen to lodge a formal investigation into the complaints about a bureau).

An increasing number of people have been using the JO platform to have their voices heard.  Here on Svenskas Dagbladet is an article, published 14 December 2015, indicating that the number of complaints to JO due to MV's lengthening wait times has increased substantially.  Link to the article can be found by clicking here. And here is an article on SVT.se published on the same day (14 December 2015) that indicates those complaints have increased by 300%.  Link to the article can be found by clicking here.

In conclusion: A combination of poor management, technical failures of E3, and the hundreds of thousands of refugees that have come to Sweden for asylum, have seemingly wrecked the immigration process in Sweden.  Legal rights for a "timely" decision are not a possibility given the environment within which our cases are being handled.  JO is a good way to vent your frustrations, but it doesn't seem like it has been successful yet in making any positive changes to the system.

Thankfully, Sweden still has free health care, so that we all can seek therapy once our decisions are handed down.  That's the only legal remedy to help with this situation that I can think of, right now.

I'm only being partly sarcastic.

D.  Technicalities, Loopholes & Options, and Applying for "Priority"

There are *some* things that can be done to get around the long waiting times for a sambo permit. They will, most likely, not work for 99% of people.  But, depending on how desperate you are to be reunited, they are at least options.

1. Technicalities
If you are new to researching how to move to your loved one in Sweden, there are three scenarios you need to know of that may qualify you to avoid being separated from your love during this process.
  1. If you are the non-EU spouse (or common law spouse) of an EU-citizen legally living in Sweden and who is NOT A SWEDE, then you get to immediately move to Sweden, seek work and school immediately, and wait in Sweden for your application to process.  Here is the link on MV's website that discusses this.  You will also be processed in the "Quick Decision" bucket, since Sweden observes EU laws for EU citizens (that aren't Swedes.  Go figure!)
  2. Here is a tough one to explain, but one of the people in our support group was successful with this (despite Skatteverket and MV giving her a hard time!) so hear me out on this.  Make the following assumptions about yourself:
    • You are a non-EU citizen who has legal residency in an EU country (you are working or studying, for example)
    • You meet a Swede in that EU country, and the Swede also has legal residency in that same EU country (for study, work, or because they have "sufficient funds" to live there, etc.)  
      • You need to be able to prove you started a relationship in that country, and that you both were legal residents in that country.  That country also must be an EU or EEA country.
    • Your Swede must then move back to Sweden (and prove it!) after having exercised their right to legally live in that other EU country.
    • You must be a family member with your Swede.  This means that you must be married, or else prove that you have lived together in the foreign country before your Swede moved back to Sweden.  I am unclear as to whether you need to prove you have lived together for 2+ years if you are not married (this would make you the Common Law Spouse).  The link below does not specify.
    • If you meet these criteria, you may move directly to Sweden to be reunited with your partner, register with Skatteverket for your Personnummer, and file for your residence card from within the country.  All the information you need to know about this can be found (in English) on Skatteverket's website here.
      • It is important to note that MV will not tell you this is possible.  That should not shock you, considering all the other mess of misinformation we all have been fed.  Do not listen to them.  March into Skatteverket with your proof, show them all of it (including their own website page, like my friend had to do!!) and all will be settled.
  3. If you have children or are pregnant, there is a possibility for you to apply from within Sweden and do your wait with your partner in Sweden.  
    • There are three important things to consider before I get into the details:
      1. You cannot leave Sweden while your permit is processing.  If you do, you will only be allowed to re-enter as a tourist, and you cannot stay.  If you come from a country that requires a tourist visa, you will need to apply to get that tourist visa before re-entering Sweden, and there is even a chance you could get rejected.
      2. Those who apply from within Sweden for circumstances like this, tend to wait the longest out of all the family reunification permits.  We don't know why, but suspect it is because Sweden views you as the lowest priority, since you are already in a "safe country" and reunited with your family.
      3. If you are the non-EU partner and female, and are pregnant, and give birth in the country without being issued your decision yet, you will need to pay for the birth using your own private health insurance or out of pocket.  The birth will not be covered by the State.
    • You must also meet specific criteria for the allowance to wait in Sweden.  All of the details are written on MV's website which you can find (in English) by clicking on this link here.  Here are the exact criteria that must be met; you will see why MANY pregnant women and families with children are forced to remain separate during this wait:

There are women who are pregnant in Sweden, who have partners who live in countries that require a tourist visa, who were denied the ability to apply from within Sweden and denied the right to the tourist visa.  These women indeed must give birth separated from their partners, and continue to care for the child until the partner receives his permit in due time.

2.  "Loopholes" & Options
If you are the non-EU partner of a Swedish citizen and the three aforementioned cases do not apply to you, here are your options:
  • Become a student in Sweden
    • Pros: 
      • Slightly quicker than waiting for a sambo permit.  
      • Once your student visa is about to expire, you can apply for a sambo visa and wait for the duration of processing within the country
    • Cons:
      • As a non-EU person, you will need to apply for the program of your choice using Sweden's national application engine (link here) pretty much a full year in advance
      • You will not only have to pay your full tuition in advance (it would be free if you waited for your UT or PUT), but you would have to prove funds in your bank account to support yourself.  More info about that on MV's website here)
      • You must apply and be accepted into a program that is full-time, fully taught in a language you can prove fluency in, and a program that also cannot be taught as a distance education.
      • It seems to take longer to get a sambo UT when you apply from within the country; once your old permit expires, you cannot leave Sweden until your new one is processed, or else you will only be allowed to re-enter as a tourist.
      • You will not be able to apply for PUT and citizenship as quickly as you would if you waited for your sambo permit.  You will need to wait for your study permit to almost expire before you file for a new sambo permit, which will add time to your timeline.  
        • This shouldn't matter if your most important goal is to remain reunited with your partner
  • Find a job in Sweden
    • Pros:
      • MONEY! :D
      • Much quicker processing time than a sambo permit
      • You have the right to health care and all that good stuff
    • Cons:
      • You do not have the right to education
      • The Swedish job market is extremely impacted and the chances of getting a job (outside of IT skill sets) without also being fluent in Swedish is extremely limited
      • It seems to take longer to get a sambo UT when you apply from within the country; once your old permit expires, you cannot leave Sweden until your new one is processed, or else you will only be allowed to re-enter as a tourist.
      • You will not be able to apply for PUT and citizenship as quickly as you would if you waited for your sambo permit.  You will need to wait for your work permit to almost expire before you file for a new sambo permit, which will add time to your timeline.  
        • This shouldn't matter if your most important goal is to remain reunited with your partner
  • Go to school or find a job in a neighboring EU country
    • Pros:
      • You get to be super close to your partner
      • You are still considered as waiting outside of Sweden, so your sambo permit processing time would not be as long as if you applied for it from within the Sweden
      • Costs of travel back and forth to visit your love will be much more manageable
    • Cons:
      • You will need to pay full tuition in that foreign country, as opposed to access to free education once you have your sambo permit
      • You may need to purchase private health care while in that foreign country
  • If you can do your normal job (from your home country) from a distance, consider this: be a nomad!
    • There are a great number of countries that are near Sweden but are not in the EU.  Thus, you can stay in them for much longer periods of time, and save your 90-days Schengen allowance (if you come from a country that has that) for days spent in Sweden with your love.  
    • These countries outside of the EU tend to be very cheap.  Here is a specific list of recommended countries outside of the Schengen Agreement:
      • United Kingdom
      • Ireland
      • Croatia
      • Macedonia
      • Serbia
      • Morocco (with mixed reviews)
3. Applying for "priority"
The ability for an applicant to apply for priority was revoked back in October 2015, because everyone began requesting priority, and MV got slowed down by it too much.

That doesn't mean, however, that you are without hope.  There are ways in which your application can be handled *possibly* in a quicker manner, if you have an illness, if you are in reasonable danger (and cannot escape it at all), or a similar devastating circumstance, or if you have children on your application that are about to turn 18 (thus revoking their ability to move with you, or your ability to move to them if they are the ones in Sweden).  MV will still consider these things.  

E. Maintenance Requirements 

EDIT:  According to the recent press release (11 February 2016), it now sounds as though no applicants in the queue will be affected by Maintenance Requirements.  According to the official proposal submitted to the government, it sounds as though all applications submitted BEFORE 31 MAY 2016 will be exempt from the new requirements.  If you see the official press release on the government's website (link here), it states that applications submitted before 31 May 2016 are exempt.   And at the base of the official proposal (link here) on page 7 and at the top of page 39, it says that only cases submitted after 31 May 2016 will be subjected to the requirements.  

Regardless, the proposal has not been passed or put into place yet, so anything can change.  For that reason, feel free to browse the information below:

You may have heard of the government's proposal to institute "Maintenance Requirements" on all family immigration permits - including sambo permits for people coming to live with Swedish citizens or permanent residents.  Prior to this proposal, these types of people were exempt from proving that they can afford to care for their partner.  However, this appears to be changing.

"Maintenance Requirements" ("Försörjningskrav", in Swedish) is a stipulation in which the person in Sweden (called the "Sponsor") is able to prove they can support themselves as well as any family member they wish to bring into Sweden.  This mostly pertains to having a minimum income level, as well as meeting housing requirements

There are already many types of people who are required to meet Maintenance Requirements.  Here are a few examples of the types of people who need to meet these demands, and what is required of them:
  1. Students
    • Go to this page (in English) on MV's website, and scroll down to the section titled, "You must be able to support yourself
      • This gives us a good overview of how much money MV requires a student to already have in their bank account, what their housing should be like, and how much extra per family member in order to secure a UT for them.
  2. Tourists
  3. Certain types of Sambo Applicants
    • As of right now, MV's website states that citizens, permanent residents and EEA members are exempt from meeting support requirements.  The new law will change this. For now, this is what is required of other types of sambo applicants who want their non-EU partner to join them in Sweden:
    • The link (which still needs to be updated with the new law) can be found by clicking here.
I have written about the Maintenance Requirements already in my Part 8 (scroll halfway down the page after the asylum rule change explanations).  In that post, there are the following links:
  1. The government's original proposal on 24 November 2015:
  2. The government's original proposal on 24 November 2015:
    • In Swedish, including video coverage of the press conference: link here.
  3. Anders Danielsson's press release, tucked away on MV's website:
    • Scroll all the way to the bottom of the following link, where he explains that the new law proposed would make it so that Swedish citizens, permanent residents, and others previously exempt from maintenance requirements, would have to now meet the support demands: link here (in English)
  4. This excerpt, explaining all the new rules
    • Go to this link here (in English), and note on the second page the following information:
      • "Maintenance requirement for family member immigration: The exception to the maintenance requirement for family member immigration for Swedish citizens, citizens of other EEA states and Switzerland, and those who have lived in Sweden for more than four years will be abolished. This change will apply to newly established relationships."
        • This is the only place we have seen this qualified, so far.  In terms of MV's eyes, they have always defined a "newly establish relationship" as one in which the couple has not cohabited together for 2 or more years.  If you have never lived together, or lived together for less than 2 years (regardless of kids or marital status), MV does not treat it as a "solid" relationship. We'll see how this pans out - it might offer hope to those who can't meet the requirements, but who aren't considered a "newly established relationship".
As of right now, we do not have any confirmed idea of what will be required of Swedish citizens and PUT holders who have applied to have their family member join them in Sweden, but we can expect it will be the same as what is already required of other types of sambo applicants that currently need to meet the requirements.

Regarding who will be affected, we also will not know until the law finally passes.  However, I emailed the Ministry of Justice to confirm how this will all play out.  I wanted confirmation that Swedish citizens would indeed now be held accountable for this law, when the law was going into affect, and who would be affected.  This was the response I received:

According to this email, all applications still in the queue without a decision on the day the law passes (currently estimated as being 29 April 2016), will be subjected to the Swede (the "sponsor") being able to prove they can support their incoming family members.

Further, on 4 February 2016, Migrationsverket released their Q1 2016 Prognosis Report.  On page 50(68) and 51(68), it says the following:
"Den tillfälliga lagstiftningen innebär att prövning av anknytningspersonens försörjningsförmåga kommer ske i många fler fall efter 29 april 2016. När lagen träder i kraft väntas Migrationsverket ha cirka 55 000 öppna anknytningsärenden. Majoriteten kommer behöva kompletteras med uppgifter om anknytningspersonens försörjningsförmåga, vilket innebär att handläggningstiden från ansökan till beslut ökar. I samtliga ärenden från 29 april 2016, kommer Migrationsverket behöva ta ställning till om anknytningspersonen är undantagen. Om så inte är fallet måste försörjningsförmågan i förhållande till de anhöriga prövas. Hur mycket mer resurskrävande detta blir beror på hur många som lever upp till försörjningskravet. En högre andel innebär en mer resurskrävande prövning av både försörjning och anknytning, vilket leder till färre beslut under året. En lägre andel innebär att antalet beslut kommer att öka när fler ärenden blir mindre resurskrävande eftersom Migrationsverket enbart behöver pröva försörjningsförmågan.   Direkt efter att lagen träder i kraft och under en övergångsperiod bedömer Migrationsverket att produktionen påverkas negativt på grund av anpassning till den nya lagstiftningen. Störst effekt kommer detta att ge inledningsvis, för att därefter gradvis avta när rutiner blir mer etablerade.   Migrationsverkets digitalisering av handläggningen fortsätter. Utfallet under 2015 har inte motsvarat förväntningarna och ytterligare steg tas nu för att säkra en ökad effektivitet i den digitala handläggningen."
In the highlighted portion, it says "When the law comes into force, it is expected that MV will have about 55,000 open cases. The majority of these will have to be supplemented with information regarding the sponsor's maintenance requirements capacity...."
If we take a look at the other types of people who must prove maintenance requirements, we can try to put together a vision of what might be expected:
  1. Income
    • The Swede must prove they have one of the following:
      • Full time work (including verified self-employment)
      • "Sufficient wealth" (savings, real estate, etc)
        • A promissory note from family saying they will support the couple is not allowed.  The funds must be already in the bank account, without anyone but the two partners listed as account holder. 
      • A-Kassa
      • Sufficient sick benefits
      • Sufficient pension
      • As discussed later, in most cases, CSN is not acceptable income, but continue reading for more information on this.
    • It is debatable whether the income requirements are seen to be met if the incoming non-EU partner has sufficient wealth or a full-time job.  Please continue reading for more information on this. 
  2. Sufficient housing
    • As can be seen in the image shared earlier in this section, sufficient housing for 2 people must have:
      • A kitchen or kitchenette
      • A living room
      • At least 1 bedroom
    • If you have children, you will need more bedrooms - 2 children are allowed to share one bedroom together.
We have needed to dig a little deeper into this issue to get more useful information while we wait to see what the government approves.  In the Migration Handbook (currently only in Swedish), there is a wealth of content that can be useful.  The link to the Handbook (in Swedish) can be found by clicking here.

On page 264, the Maintenance Requirements ("Försörjningskravet") begin to be discussed.  
  1. General Info
    • Maintenance Requirements were first put into place on 15 April 2010
    • Applicants who must meet these, generally need to prove them at the very beginning of their application
      • "Det anges i betänkandet (s. 100) att prövningen av försörjningskravet ska göras endast vid det första tillfället då en person ansöker om uppehållstillstånd" p. 264
In pages 269-270, we see the beginning of the section called Försörjningsförmåga ("Maintenance Ability"). In pages 272-274, we see the discussion of "Bostadskravet" ("Housing Requirements"). Here are some summarized takeaways from the handbook:
  1. Income
    • The income should be work-related compensation (including unemployment insurance). It doesn't have to be a permanent job, but there needs to be a future to the job - in most cases, it cannot be income from temporary or sporadic short term contracts.  
      • The text also says, however, that in some cases, temporary or part time income could be considered.
        • "I propositionen (s. 20) 
        • nämns lön från heltidsarbete som exempel på godtagbar regelbunden 
        • inkomst. Det sägs att de regelbundna inkomsterna inte behöver härröra från 
        • en fast anställning, men utgångspunkten är att de ska vara arbetsrelaterade. 
        • Det betonas att bedömningen av försörjningsförmågan ska vara framåtsyftande." p. 269
        • "...arbetsinkomsterna bör vara av viss varaktighet och inte endast sporadiska från tillfälliga korttidsanställningar. Samtidigt sägs att det är rimligt att inkomster från tidsbegränsade anställningar och från olika typer av deltidsarbeten räknas med." p. 269
    • If it is full-time or permanent work, it will still need to be assessed to determine if the job will be around for a while, or if there is reason to believe the contract will (or won't) be renewed.
      • "När det gäller inkomster från andra arbeten än tillsvidareanställningar på heltid måste det göras en bedömning av inkomsternas varaktighet i varje enskilt fall. Vid bedömningen kan beaktas om det finns någorlunda säkra garantier för att anställningsförhållandet kommer att förnyas eller leda till en annan anställning." p. 269
    • If you have multiple part-time jobs, they will also consider this as sufficient means of work-related income
      • "Om en anknytningsperson har flera, mindre omfattande arbeten parallellt bör samtliga arbeten beaktas." p. 269
    • *It is more important to show you make sufficient income than it is to prove you have a part time or full time job*
      • "Generellt kan sägas att arbetsomfattningen (hel- eller deltid) har mindre betydelse än om arbetet inbringar tillräckliga inkomster." p.269
    • Self-employment is also acceptable but it's hard to assess, so one of the things you will need to prove is a long history of sufficient income earnings.  If the Swede also has sufficient wealth (including real estate), this will also be accounted for and considered as part of the package.
    • Other means of income are accepted, like unemployment insurance, sick benefits, pension funds, and maternity benefits:
      • "I betänkandet (s. 86-88, jfr s. 90) ges exempel på arbetsbaserade förmåner, syftande till att kompensera inkomstbortfall. Dessa får anses utgöra ”annan liknande arbetsbaserad ersättning” och utgör då godtagbar inkomstkälla. Exemplen är: sjukpenning, havandeskapspenning, föräldrapenning över lägstanivå, inkomstrelaterad sjukersättning och aktivitetsersättning, inkomstgrundad ålderspension och arbetsskadeförsäkring. I betänkandet anges att även inkomstkällor utöver arbete och arbetsrelaterade ersättningar skulle kunna godtas, till exempel vissa typer av pensioner och äldreförsörjningsstöd. Detta uttalande synes dock svårligen kunna förenas med 4 kap. 4 b § första stycket UtlF." p. 270
        • ^^Note the bold part, where I'm not sure if the handbook is contradicting itself??
    • *Normally, student loans are not seen as acceptable sources on income.  However, Sweden recognizes that an absolute rejection of that source of monies would be unreasonable and also dissuade educated and skilled migrants from being able to be in Sweden.  So it seems to be viewed on a case by case basis.*
      • "Beträffande studiemedel bör normalt sett sådana inte utgöra godtagbar inkomstkälla. Om så vore fallet skulle det öppna för kringgående av försörjningskravet. Ett absolut förbud skulle dock kunna leda till orimliga resultat och bland annat försvåra utnyttjande av hög kompetens (betänkandet s. 90)" p. 270 
      •   
    • *The ability to prove support is placed solely on the shoulders of the sponsor in Sweden. The financial accounts of the non-EU applicant will NOT BE REPORTED.*
      • "Det kan vara värt att understryka att försörjningskravet är kopplat enbart till 
      • anknytningspersonen och att hänsyn till sökandens ekonomiska förmåga 
      • inte ska tas (propositionen s. 20)." p. 270
        • This is incredibly important to note, and I will be looking into whether the non-EU partner is able to fulfill the support requirements on their own.
    • Level of revenue required
      • Below is an image I took from the Handbook (p. 271).  The figures are as of 2012, but the handbook was recently updated in October 2015, and these figures are what are still quoted, so we can rely on them I suppose:
  2. Housing
    • The contract must be 1st or 2nd hand.  You can own or rent.
    • For 2 people with no children, they need a house/apartment with a kitchen, a bedroom and a living room (minimum).  Children can share an additional bedroom.
      • "Enligt SOSFS 2003:5 bör ett hushåll, för att det inte ska anses vara trångbott, utom för ensamstående utan barn, ha sovrum utöver vardagsrum och kök eller kokvrå. Två barn bör kunna dela sovrum. Med beaktande av stigande ålder och personlig integritet, bör barn emellertid inte behöva dela sovrum. Vuxna som inte är sambor bör inte behöva dela sovrum. Valet av ordet ”bör” i Socialstyrelsens allmänna råd öppnar för viss flexibilitet i tillämpningen." p. 273
    • You need to be able to prove that the housing will be yours for at least 1 year into the future, or that it is reasonable to believe that you will get a (minimum) one year renewal of your lease.
      • "Bostadskravet ska således anses vara uppfyllt om anknytningspersonen vid prövningstillfället antingen faktiskt förfogar över en bostad av tillräcklig storlek och standard under minst ett år framöver eller om det vid en prognos, som ett resultat av en samlad bedömning av omständigheterna i det enskilda fallet, framstår som sannolikt att ett sådant boende är ordnat för i vart fall ett år framöver." p. 274
It is important to note that until the law is passed or more official information is published, the rules and requirements are just an educated guess.  We do not know if they will change, or it the proposition will even get passed yet.  But it should be taken heavily into consideration, if you feel you may be affected by it.

F. The Queue System

1.  How it (is supposed to) work
It is no secret that insane things are happening with MV's queue system  right now.  The system should go as such:

  1. Submit your application (either online, or a paper application at the embassy)
  2. You do an interview
    • If you applied online, you wait for a case officer to review your file, ensure it is complete, and send you an interview email invitation
    • If you applied with a paper application, you usually do your interview right away (even the same day, in some cases)
  3. Submit additional documentation
    • Usually by around the 12th-13th month of waiting, you may be asked to submit more stuff to help prove your relationship is still alive and real
    • If you have a problematic case, your partner in Sweden may be asked to do an interview
  4. Wait for the decision

As they publish on their website here (in English - scroll halfway down the page), here is the process for an applicant who applies online:

And here is the process for an applicant who applies with a paper application:
*Note that with paper applications, you do your interview at the time you submit your application. 

What we have been seeing, however, are cases getting decisions many months out of turn (for no apparent reason?) and interview emails being issued completely out of turn.  We don't know why, but we have seen evidence suggesting that "technical failures" or misuse (unintentional, likely) of the E3 queue system, have caused a blight on the application process in 2015.

2.  "E3" and Technical Failures
This is what I have learned so far in my research of MV's evolving "CMS" (Case Management System, or "Ärendehanteringssystemet", in Swedish).

Prior to April 2015, MV was using a paper-based permit CMS platform.  I suppose back before 2013, the number of permits they issued (including work and study) was not nearly as numerous as what they are dealing with now, given the incredible influx of immigration.  People would simply drop off or mail a paper application, and it was dealt with as a paper file (as opposed to an electronic, digital one).

The wait times continued to grow and grow, and MV realized they needed to begin to digitize their system to become more efficient and to also save on the costs of man power, postage, and physical storage of paper files dating back to god-knows-when.

In 2014, MV began a few projects.  One project was called "E-Arkiv"; the goal was to have hundreds of admins work on scanning in all (ALL) the permit applications MV was storing from 2007 and later.  This project was a prerequisite to rolling out the new fully automated CMS, because it made old files much more accessible (and since all applications -- especially those for extension -- call into question previous applications that were submitted, it was important to streamline all the old stuff too; not just the new stuff).

E-Arkiv, as far as I know, was still an ongoing project in 2015.

The next project was called BBM 100.  BBM 100 was designed to build the platform upon which the new electronic CMS ("E3") would be based.  It was a series of sub-projects which included e-services for being able to submit applications electronically, to organize the queue and standardize the work flow, and to reduce the amount of work (or the number of employees) required to handle the exponentially increasing number of applications being received by MV year over year.

From the 2014 review report, where MV introduces E3 and gives a quick explanation of it.
The idea behind E3 is that everyone enters an electronic queue, and all the steps of the process are automated and fair.  Once it is your turn, the next available case officer picks out your case from the queue, issues an interview email, and then once it is your turn in the queue again for a decision, the next available case officer picks out your case from the queue, and decides upon it.  There is some concern, however, since case officers can theoretically take out ANY case they want from the system; according to an inside source, it doesn't appear like they are forced to take the actual next case in line. MV workers have mentioned how they have a high production quota, and one wonders if they choose to sometimes pick up the easy cases that they can give quick decisions to, to make it appear they were much more productive than if they had difficult cases to look into.

The goal was to roll out E3 "officially" in April 2015.... which it was.  That was the month we saw all the processing times change for our cases. Previously, the wait times just said "Averaging 14 months for web applications, 18 months for paper". But they were updated to include the three categories: Quick Decisions, Medium Decisions and Long Decisions.

As I mentioned earlier in C. Overview of Processing Times (and your legal rights), the original times for these categories were "Quick Decisions: Less than 4 months", "Medium Decisions: 4-9 months", and "Long Decisions: 9-14 months".

Then we started to see reports discussing technical failures and set backs that reduced productivity and obliterated the lofty efficiency forecasts that MV set for itself.  Even just in the letter written back to my mother-in-law (which is published in Part 6c here), MV was already discussing how these technical failures have led to reduced capacity and increased waiting times.

Migrationsverket couldn't also predict the Great Migration Crisis of 2015 either; I imagine if that never happened, they would have been able to devote more manpower to fixing and improving E3.

We do not know what kinds of "technical failures" were experienced, but they likely explain for why cases seem to take forever to decide upon, and why decisions are going measurably out of order.

In the 2014 review report, MV even seemed to publish a slogan of sorts about E3.  Ironically enough, they said:
”Det ska vara lätt att göra rätt från början” – både för de sökande och för medarbetare.
Which translates to,
"It should be easy to do it right from the beginning - both for the applicants, as well as for the employees." 
As Alanis Morissette said, "Isn't it ironic?"

The link to this review report (in Swedish) can be found by clicking here.  

G. The Lifetime of a Residence Permit (from UT to Citizenship and the Appeals Process)

This is the lifetime of an application, from UT to Citizenship.  For people who cohabited with their partner for 2+ years prior to applying for UT, they will most likely be granted PUT.  If that is your situation, skip to #5 after #1 and note that you still must be living in Sweden for 3 years on your PUT before you can apply for citizenship.
  1. Apply for your Sambo (family reunification) permit.
    • Wait for the interview email
    • Go on the interview
    • Wait for your decision
      • If you come from a country that does not require a tourist visa to visit Sweden, you can:
        1. Go immediately to Sweden
        2. Schedule an appointment with MV for your biometrics
        3. Go to Skatteverket to get a PN
        4. Wait for your residence card to arrive by mail to your Swedish address
      • If you come from a country that requires a tourist visa to visit Sweden, you must:
        1. Go to your local embassy and get your biometrics done
        2. Wait for the embassy to send you your residence permit
        3. Go to Sweden
        4. Go to Skatteverket to get a PN
    • If you were rejected and wish to appeal the case:
      • First, send your appeal to the Migrationdomstol ("Migration Court")
      • Wait for a decision
      • If your appeal was also rejected, you may appeal that decision with the Migration Court of Appeals, but that court only chooses to rule on certain cases
      • Everything you need to know about the appeals process can be found on the Sveriges Domstolar page - here is the link (in English).
  2. If you got a positive decision, you will live with your partner for 2 years with that temporary UT*
    • *Note that if your passport was going to expire before 2 years is up, MV will only give you a residence permit for as long as your passport is valid.  Then you must renew your passport and file for another temporary 1-year UT.
  3. If your relationship ends, you don't necessarily need to leave
    • You can technically continue to live in Sweden on your 2 (or 1) year UT and seek work or study, and file for a new permit.  You may also begin a new relationship.  So long as you are cohabiting with that person at the time your current permit is about to expire, you can file for a new UT.
  4. At the end of the 2 years on UT, you qualify to apply for PUT
    • You do this by "applying for an extension".  You can find the link (in English) on MV's website by clicking here.
      • You can apply no sooner than 30 days before your current permit expires.
      • Current processing times for filing for an extension can be found by clicking here, and scrolling to the section that says "Estimated processing time if you are applying to extend your permit".
    • There is a chance that you are only granted another 1-year temporary UT, and you will need to reapply for PUT after that one year.
    • You may appeal the decision if it is rejected
    • If your current permit expires while you wait for your new one to process, you are allowed to continue working and/or studying in Sweden while you wait.  
      • You cannot leave Sweden while your new permit is processing if your old one has already expired.  If you do, you will only be allowed back into Sweden as a tourist.  Keep this in mind!
  5. After 2 years of UT and 1 year of PUT, you are allowed to apply for citizenship IF you meet the qualifications necessary.  
    • All of the qualifications are easily described on MV's website - click here (in English) and follow the links.
    • Note that if you are outside of Sweden for more than 6 weeks out of each year of your qualifying years as a non-citizen, those days will be deducted from your qualifying time period of Habitual Residency.   An explanation of that can be found at this link - screen shot below:
H. Supplying "Additional Information" to MV

There is a thing called "komplettering" (supplemental information) that Migrationsverket often requests of applicants toward the end of their process.  It can sometimes terrify or enrage people when they are asked for this info after waiting 13-14 months, but it is actually a good sign!! It means that a case officer has picked up your file and just wants to verify your relationship survived this hell, before they give you the decision.

Here is a smattering of the things I have personally heard and seen others be requested.  Please note that I have not reached this point in the process myself, so I will share my experience once it comes.
  1. Nothing additional is requested
    • A good majority of candidates (especially those who had their interview late in the process, or who made the decision to send information before it was requested) are not requested any additional information.
    • Please note these people waited the same amount of time as other applicants.  Sending in extra info without being asked for it doesn't yet appear to make your decision come any faster (from a statistical relevancy, at least).
  2. More photos, flight stubs, call logs
    • This is especially common for couples who had their interviews early in the process.  MV hasn't spoken to you in a long time and they want to see that your relationship is still serious and "worthy" of being granted a permit.
  3. Questionnaires
    • Particularly for couples with somewhat questionable details about their cases, such as:
      • There are questions about the validity of the relationship
      • There are questions about the credibility of the documentation provided
      • There has been a long stretch of time between the partners being able to prove they met up
    • The most important take away from this is that it is CRUCIAL that you routinely visit your partner.  Either you go to them, they go to you, you meet in the middle... it doesn't matter.  You just need to be able to prove you remained in contact, or the "seriousness" of the relationship may be called into question.
      • We have seen couples be asked why they haven't visited each other for so long, etc.
  4. More information (officially translated, if necessary)
    • Suppose you had some recent developments: 
      • You got married
      • You had a child or are pregnant
      • You renewed your passport and have a new copy
  5. A second interview
    • You (non-EU), or most likely your partner in Sweden, could be asked to come in for an interview in addition to the basic interview of the non-EU partner.
      • This is only if significant questions have been brought up with your case.  If this happens, the couple will already likely be aware of the complications.  
      • Unfortunately, this means the applicant's case is pushed into the longest waiting time category. Most decisions lately seem to be coming through between 16-18 months, with a few taking 20-22 months.
  6. Proof that the non-EU partner is not in Sweden
    • Given that Utlänningslagen states that an applicant cannot be in Sweden at the time the decision is rendered, we have seen many instances (especially for people coming from countries that do not require a visitor's visa to visit Sweden) to prove they are not in Sweden when the decision is ready to be delivered.
    • Whilst I would N E V E R recommend being in Sweden near the time your decision is ready to be rendered, nonetheless if you are and you get this courtesy call, book a one way flight or drive across the border ASAP and send MV proof.  I've mostly seen people take a selfie that is time-stamped (shows the date and time) next to an object that is iconic and obviously not in Sweden (a tropical beach, the Eiffel Tower, an airport, etc.  Also highly advisable you hold up that exact day's newspaper as further evidence.
I. Other Resources

The following, in no particular order, are some resources to do all kinds of research or to seek support.  I will be adding to them over the coming days, weeks and months:

  1. Forums and Support Groups
    • I väntan på familjen (Facebook)
    • The Local forum 
      • While it is not NEARLY as awesome as it used to be half a decade ago, it's still a resource to post questions and whatnot.  It is English-speaking, for expats in Sweden.
      • Here are links:
    • Familjliv.se 
      • This is a support forum written in Swedish.  I have never used it, but since I am aware of it, I figure I would share it here.
      • Here is a good thread to start on.  There are over 375 pages of comments - this is page 1, starting in January 2014.  Scroll down the page to see all the comments (they are in Swedish)
    • North Americans in Sweden (Facebook)
      • A public support community for after you move to Sweden and need answers about what to do next (obviously a group in English)
      • Link here
  2. Learning Swedish
  3. Statistics
    • Refugee Stats
      • Here is a page that will give you the recent refugee statistics across all of the EU: EuroStat
        • I write a quarterly summary of everything in EuroStat - find the link by clicking here.
      • MV publishes monthly and daily news updates on the crisis - find the link (in English) by clicking here.
      • MV also publishes some statistical analyses on the refugees as well as all other immigrants.  Find the link by clicking here.
    • Immigration
      • MV's immigration Handbook is currently only written in Swedish, but I have a goal in mind of translating it to English.  Here is the link to it, here.
  4. Laws
    • Utlänningslagen (The Swedish Alien's Act)
      • This piece of legislature governs the country on how to treat immigration cases.
        • The best source is in Swedish on Sweden's government page here.  It breaks everything down, word-for-word.  The specific legislation that governs our cases is in Chapter 5.
      • Another good resource (with linked sources) is on Wikipedia - link (in Swedish) found here.
  5. Reports and other information

J. FAQs

Please visit back later for the FAQ section.  My brain is exhausted from writing everything above, but I *will* compile an FAQ! If you have any particular questions, please write a comment below and I will add the Q & A to this section. 

61 comments:

  1. Thank you!
    You have a good talent with collecting facts and evidences.
    hope you get your love visa soon, Megan!

    ReplyDelete
    Replies
    1. Thank you Anoud! I hope the same for you too! <3

      Delete
    2. Hi,
      Megan please check your facebook messages other then inbox. Thank you

      Delete
    3. I want to appreciation to Dr.Agbazara of AGBAZARA TEMPLE for bringing back my husband who left me and the kids for almost 2 years. i never taught i would get him back untill i saw a comment online about dr.agbazara and i contacted him, after following all instruction given to me by Dr.Agbazara, my husband came back begging for forgiveness within the space of 48hours. Thanks doctor your spell is really great. For those of you who have marriage/relationship problem should contacct him for hel via (agbazara@gmail.com) OR WhatsApp/call (+2348104102662). And experience it your self.





























      Delete
    4. All thanks to Dr Otonokpo for restoring my Job and my lost money, I don't even know how to thank him enough.

      My name is Michael Rainer from USA, I lost my job due to the outbreak of covid 19 and I was so helpless that I couldn't even know what to do and then I lost the little money I have left with me to some fraudster and I cried but no one could help. So when I narrated the story to my friend SANDRA CORDELIA she tried to calm me down and said there is someone that can help me regain all that I lost but I never believed her until she told me about Dr Otonokpo and she gave me his contacts and I contacted him, and he said I should not worry that everything will come back to me, after 2 weeks I was called back to resume work and the fraudster that ripped me off my money called to refund my money back to me.

      I am very happy I met Dr Otonokpo, if you have any problem at all you can contact Dr Otonokpo if you also want your ex back, if you seek fruit of the womb, promotion in your work, protection from guns and cutlass through his email: otonokpotemple@gmail.com. WhatsApp: +2348114129781

      Delete
  2. Thank You so much for all that You have done! You are remarkable***- Rouet/Tom*

    ReplyDelete
    Replies
    1. Awwww, thank you Rouet!! <3 <3 I hope you and Tom are doing wonderfully. My love to you both :)

      Delete
  3. Hi there, Megan! First, I have to thank you for all the information you give to us through your (amazing) blog. Thank you so much for that!
    I hope I won't bother you, but I have two questions in mind and I've searched MV's website for days to find answers that I couldn't find. The most important one first: May I visit my fiancé in Sweden while the process? I have just sent them a message explaining that I would like to visit my Fiancé in Stockholm and also take one month of a swedish course at Folkuniversitetet, it would be in March. I haven't applied yet, because Ii was expecting to do so when I returned from Sweden. However, the current processing time freaked me out (what the hell Sweden is more burocratic than Brazil, my home country!! haha), so my fiancé and I decided it would be better apply now (this week) and see if I can visit him meanwhile. Now, I'm waiting their official answer (I just sent MV an email) to decide if I apply now or wait to apply when I get back. Do you know if it's possible going to Sweden during this time? On my email to them, I said the website says it's not allowed going to Sweden while you process in under analyses, but since the current processing time is one or more year, maybe they have expections now. (Let's agree it's almost unhumane taking more than one year to decide a "life changing" situation and, in the same time, forbides you to visit your loved one. Come one, guys! haha)
    My other question is related to the power of attorney. I don't want to give this power to anyone, but I'll be asked to do so anyway?

    Big thanks!

    ReplyDelete
    Replies
    1. Hey love! I think I just responded to you on The Local also, but I'm going to answer your questions here too:

      1) APPLY NOW! *Yes* you can visit during your wait! MV will tell you that you shouldn't, and that they "don't recommend it", and they will quote Utlänningslagen Ch. 5 Sec. 18, but don’t listen to them! You absolutely can visit – you just can't visit Sweden *at the time that they will give you a decision*. The law is that they cannot give you a decision while you are in the country, or else you could get rejected or whatever. Here is what Migrationsverket's Immigration Handbook says (link: http://www.migrationsverket.se/download/18.5e83388f141c129ba63109a5/1445867195906/handbok_migrationsarenden.pdf) On the bottom of page 168 – 169:

      "Vistelse i Sverige under väntetiden: En fråga som ofta uppkommer, i synnerhet under perioder då handläggningstiderna för anknytningsärenden är långa, är vilka möjligheter en sökande har att besöka Sverige under väntetiden. Frågan ställs till både Migrationsverket och utlandsmyndigheterna. Det är viktigt att berörda myndigheter ger samstämmiga svar om vad som generellt gäller. Sedan kan givetvis tillämpningen i enskilda ärenden komma att bli olika beroende på omständigheterna.

      Till en början kan konstateras att reglerna om uppehållstillstånd före inresan i 5 kap. 18 § första stycket UtlL inte innebär något förbud för en sökande att resa in eller vistas i Sverige, efter det att han eller hon har ansökt om uppehållstillstånd. Vad bestämmelsen säger är att tillstånd inte får beviljas efter inresan. En viseringsfri utlänning, eller en viseringspliktig utlänning som har visering, kan alltså vistas legalt i Sverige även om han eller hon lämnat in en ansökan om uppehållstillstånd.

      Sedan är det en annan sak att lagstiftarens bild av ansökningsförfarandet när bestämmelsen tillkom i början av 80-talet, med all sannolikhet var att sökanden skulle stanna utanför Sverige tills tillståndet var klart. Till den bilden torde samtidigt ha hört rimliga handläggningstider, en bild som tyvärr inte alltid stämmer med verkligheten.

      För att minska risken för att olika uppgifter lämnas, redovisas nedan de allmänna råd som utlandsmyndigheterna har fått från Migrationsverket i den här frågan. Råden finns i Migrationsverkets handbok för handläggning av migrationsärenden vid utlandsmyndigheterna. Av naturliga skäl skiljer sig verkets råd åt beroende på om de avser viseringspliktiga eller viseringsfria utlänningar. När det gäller viseringspliktiga ska ju utlandsmyndigheten normalt både bereda och besluta i viseringsärendet. Här är det också viktigt att komma ihåg att utlandsmyndigheterna kan ha olika bedömningar sinsemellan beroende på t.ex.

      ---hur långa väntetider de har,
      ---hur den generella viseringspraxisen för den berörda nationaliteten ser ut, samt
      ---vilka erfarenheter utlandsmyndigheten ifråga har av avhopp.

      En viss utlandsmyndighet kan alltså ha en mer generös inställning till att bevilja visering – både före och efter intervju – än vad andra utlandsmyndigheter har. Migrationsverket bör därför undvika att uttala sig om hur sannolikt det är att visering kommer att ges i ett visst fall. Den huvudsakliga information Migrationsverket lämnat till utlandsmyndigheterna framgår av de två följande underkap"

      What they’re saying is that the Alien's Act is not meant to prohibit someone from visiting while their application is pending; they just can't give you a decision if you are in the country when it’s time to. If you are a visa-free citizen or you obtain a tourist visit, you are totally free to visit during the process as long as it isn’t during the “decision time”! We cannot predict when you will get a decision, but the majority are coming between 13-14 months. So, visit whenever you want before your interview, and then just be careful of when you visit after the interview. Email them for each trip you make after the interview to make sure they put a note on your file and not give you a decision while you are in the country.

      Delete
    2. And then 2) You only have to give power of attorney if you want to. If you don't want to, then just ignore it :)

      Delete
    3. Hi Megan! THANK YOU SO MUCH for being so friendly and helpful. It's so nice to find nice people during this process (that I'm justing starting and already freaking out!). I was so nervous that I wrote here and on The Local, haha.
      I'm going to apply this week, I just need to translate the unmarried proof first. Btw, do you know if my fiancé will have to proove he's single? Or it's just for us, people applying for this type of visa? He was wondering what kind of document prooves he's single, in case they ask, he wants to have it in hands when I apply.
      Despite all the infos you gave me, I'm still a bit concerned about travelling to Sweden during this process (I think you get me on this, I'm afraid of taking more time than this nightmare is already going to take), do you know people who travelled to Sweden after gaving applied and got the visa?

      Thank you so much! (I was having a really bad day until I read your answer to my doubts. Thank you, for real! I think knowing people who is going through the same thing that I am is comforting, it's like a hug when you're having a breakdown)

      Delete
    4. Ah, may I ask you one more thing? I know I'll have to fill his infos when I apply (full name, birthday, personal number, address etc) as much my family's, do I also have to fill his parents and siblings infos? Or it isn't asked?

      Delete
    5. (I swear is the last message today haha). My fiancé was wondering if the MV delays your process if you visit the country during the process, if they put you in the bottom of the pile. (that's why I asked you if you know people who travelled to Sweden and got the visa in the "regular" time.

      Delete
    6. Hi love! Sorry it took me so long to respond... I've actually been terribly sick with the stomach flu for the past couple weeks, so I haven't really been "all over the place" as usual :)

      1) If you haven't already applied, then yes - you will need to know his parents' and siblings' personnummers and everything for the application.

      2) No - you do not go to the bottom of the pile if you visit!! :D The only time your case could get delayed, is if you are in Sweden exactly at the time a case officer was to pick up your case to offer you a decision. If you happen to be visiting at that time, they will put your case to the side until you prove you have left. Otherwise, you keep your spot in the queue no matter where you are :)

      For example, I just spent a month in Sweden with my love for the holidays. I visited between our 11th and 12th months of waiting. I knew that decisions were coming atr 13-14 months, so I felt comfortable being in Sweden that late into our application, but I will not be going back now until I have my decision. I submitted my proofs to MV to show I am out of the country, so that they do not put a hold on my case any longer :) Any case officer could now pick up my file when it's my turn, and deliver the decision <3

      Delete
  4. Hey Meg,
    Just wanted to say thank you so much for your incredible compilation of information- It has been invaluable to me while I attempt to get my ducks in a row.
    Just wondered if you think its possible to apply for the Sambo visa online when in Sweden? Is this something you've heard of anybody else doing?
    Thanks again,
    Sally

    ReplyDelete
    Replies
    1. Hi Sally!

      Thank you so much for your kind words! It really means a lot :)

      So first of all, there is one way you totally can apply from within Sweden and wait in the country during the process. If you currently hold a work permit, a study permit, a working holiday permit, or even a previous sambo permit and the relationship ended, and it is about to expire, you absolutely can apply for a new Sambo permit and stay in Sweden while it processes. You can even continue to work or study, even if your original permit has expired.

      Furthermore, if you are verifiably pregnant or have children together who also live in Sweden, you can *try* to apply within and stay within Sweden (however, this is very tricky; not many people have much luck with it these days, sadly.)

      If you are just in Sweden as a tourist without a valid residence permit, however, that is a different story. As you begin your new application, it will ask you if you are in Sweden. If you say yes, it will end your application process and tell you that you must apply from your home country (citizenship or legal residency), as this is one of their laws. You can read more about it here - it is the same rule, regardless of whether you are married/common law spouses or just bf/gf:
      http://www.migrationsverket.se/English/Private-individuals/Moving-to-someone-in-Sweden/Planning-to-marry-or-become-the-common-law-spouse/If-you-are-in-Sweden.html)

      Now, with that said, I suppose there is always a way to just tell the application that you are applying from your home country, even though you are not. I don't know if MV has technology in place to read your computer's IP address to see where it is located. However, they will review your passport at one point, and it could raise some questions if they don't see appropriate entry/exit stamps. But, again, I don't really know how that might all work.

      I don't personally know of anyone who applied from within Sweden without meeting one of the "legal" exemptions, so I am leery to say whether or not it is totally fine to just apply now, and then, say, fly back home on your pre-purchased return flight next week. I totally understand and appreciate that desire to apply ASAP... but sometimes I don't know if it's worth the fear that an issue might arise because of it later. This process has a way of making even the most confident of people, completely paranoid! Hahaha :D

      Delete
    2. Wow, thanks so so much for your quick reply.
      You brought up the exact things I was worried about haha
      My boyfriend and I have a weird situation- we work together outside the country on a boat (me for 10 months of the year and him for 6)
      So, obviously when we are off we spend our time together in Sweden. I am trying to get my visa, because eventually we will want to start a family and I will have to move shoreside.
      Just like you, I was wondering about what kind of technology they have and how far in the checks go. I don't even gets stamps in my US passport anymore when I return home and wondered about flying to a close non-schengen country so I have an exit stamp.
      BUT the risk seems huge.... I can't imagine getting a year or two down the line and being told no over something so simple.

      Have you seen they increased the wait time again? :(

      You must be getting so close and so excited, though- can't be toooo much longer now??

      Delete
    3. Question for you: Where is your boat usually docked? Could you conceivably fly to a nearby docking place (sorry, I don't know the "official" language, haha) and jump on a computer and apply? Because that would be in line with your reality that you are sailing around for most of the year :) AND you would have the passport stamp too.

      But that's just me being paranoid, haha! I require law or something in writing to make me 100% comfortable with doing anything.

      Hmmm... I just checked the wait times earlier today (in both English and Swedish) and they were still the same. 8-14 months (last updated 1-1-2016). Have you seen it differently elsewhere??

      For us, we are desperately trying not to get our hopes up, although it's hard to not get excited when we see the decision dates get closer to us. We are expecting to wait the full 14 months (possibly as much as 14.5) because that's sort of where the trend is creeping up to.... but, ahhhh, we can't wait to put this hell behind us!! Hahaha :D

      Delete
  5. The boat is world wide- In the summer we were all over the mediterranean and We just flew back to Sweden from the Caribbean. The boat is registered to the cayman islands, but in the past 10 months I have been on the boat in 9 countries. Do you think they would show some understanding and reasoning in that situation? Have you seen an immigration attorney at any point and if so what was your experience like?

    Nope- those are the times I have been seeing also... I think when I looked a few days ago it was on an outdated source.

    I totally understand where you're coming from- I'm just tacking on a few extra months to the 14 as I want to prepare for the fact they will most likely rise again in the next year. What area will you be settling in when you finally cross over?

    ReplyDelete
    Replies
    1. Ok, so this is what I would do (if it was me): if flying home was too expensive or too much of a hassle or not an option, I would take a short cheap RyanAir flight somewhere outside of Sweden, so that the passport stamp was there. And I would do the application, and have a short vacation out of it. Maybe you two could hope over the Greece?? That could be a nice break from the winter! So that way you make sure you cover your bases about not applying while in Sweden. I don't know what your home country is, but when it comes time to do your interview, you don't HAVE to do it at the embassy in your home country; you can schedule it anywhere. So it's ok if you're on the boat far away; just schedule the interview for where ever you plan on docking next.

      As for being in Sweden while you wait, feel free to do so according to the normal rules of whatever governs your right to visit Sweden (I assume you are visa free given that it seems English is your mother tongue) :D It really is a silly rule, but if you wanted to be militaristic about following the rules, it would be the easiest way for you to have peace of mind, and then go back and finish your visit before you take off for sea again :)

      Just my personal opinion!! I have not seen an immigration attorney at all - for us, we just have a simple "normal" case, so we haven't needed to talk to anybody. I do know a few people who have children and are seeking legal advice about how to not be separated from their kids, but haven't really heard of their experiences yet :/ But if you just jump online, I'm sure you could locate someone and give them a call? Just to see what the actual deal is??

      We'll be settling in the countryside outside of Gothenburg. Actually getting ready to buy our house in the next month! It will be so nice when I finally get to "go home" :D :D :D How about you??

      Delete
  6. Hey, Meg!
    My name is Caroline and i have a few questions. But first, i would like to thank you for this informations and for this whole blog, actually!
    My questions are about the form. I downloaded application form and it says I should fill it on my computer. But as the form must contain my signature does that mean i have to fill the form on the computer and print it out and than i sign it and like that i scan it and then i am sending it to the MV? Sorry if its a stupid question, but this online application is so unformal to me.
    Also, is it necessary to send the certificate which proves that i am not maried and a birth certificate?
    I am so scared that i will make some stupid mistake, so i just want to get sure.
    One more: when am i supposed to pay the fee?
    Once again, thank you! <3

    ReplyDelete
    Replies
    1. Hi Caroline!

      Not a dumb question at all! However, important question: I don't know what country you come from, but it sounds like you may have downloaded the paper application? If so, you definitely don't want to go that way if you can avoid it. You definitely want to do the web application! Paper applications have a bad track record of taking measurably longer to process because you rely on MV to receive your documents and scan them into the system in a timely manner. The online form just has you type directly into your web browser and submit it directly, electronically. No need to print it to sign (I think "signing it" at the end is just checking off a box that says you have answered the questions truthfully or whatever). Once you are done with filling out the questionnaire, it will ask you to submit your payment online and once that's done, you are officially registered and it kicks off the process!

      Yes - you absolutely must provide proof you are not married (that you are either single, divorced, or widowed). It is a fundamental requirement for qualifying for the permit. However, birth certificate is not needed. You need to provide proof of no impediment (also known as a Single Status Affidavit) to prove you are free and unhindered to marry, and you need to provide clear color copies of your passport. That's it! Let me know if you are American and I can offer you tips (the US doesn't have an official form of no impediment).

      Delete
  7. Hello Megan,
    After reading this post I feel like I'm in a bit of a bind here. Even though my boyfriend and I met up 3 times last year, and one time we stayed together for two months, this year I project that we would only be able to meet once.

    I have a full time job which I started in August 2015, and I only have 15 days of annual leave each year. I am planning to spend it by going to Sweden at the end of this year.

    I am scheduling an orthonagthic surgery in the middle of this year, and since I don't have insurance I will be paying it out of my own pocket which will cost a LOT of money. I am also saving up money to tide me over in Sweden until I find a job there, because my boyfriend is in university full time and I know I cannot depend on him financially. Also, due to my nationality, I need to a visa to visit Sweden.

    So, between my surgery, saving up money to visit Sweden and to sustain me for the first months once I move here I don't have a whole lot of money left to pay for my boyfriend to come and visit me either. He also said that he needed to get a job during the summer holidays to pay the rent because he doesn't get student loan during that period.

    This is such a difficult situation; it sucks to think that I can only see him once this year and only for three weeks. I would have been able to suck it up, but now that I read that it might give the MV officers a bad impression of our relationship I am terrified.

    Do you think our application will be rejected? I'm so scared of that now... I just hope that I can explain my situation during the interview and it will be OK.

    Also, thank you so much for this blog, the newsletters, the spreadsheet and for being so active in the i väntan på familjen group.

    ReplyDelete
  8. Hi, I am Hela from Colombia, and I will like to know what papers do you recommend to present to prove your relationship? Thank you! You have a great blog!

    ReplyDelete
    Replies
    1. Hi Hela! The best, easiest, most reliable way to prove the seriousness of your relationship is to provide flight tickets and other proof that you have spent time in person together. That is the easiest way to guarantee an application process without problems. So, flight stubs, photos of you two together, photos of you with each others' family members, etc.... this is what MV wants to see.

      You can then supplement these proofs with call or chat logs, but MV is now beginning to ask people to have these translated, so one trick is to provide call logs (which show lots of contact without requiring any translation or whatnot), and another trick is that if you chat on facebook, take a screenshot of your messanger profile where it shows how many messages you two have exchanged. It's been much easier for applicants to show they have exchanged 300,000 chat messages on facebook than to go back and take screenshots of years of conversation.

      Beyond this, if there is anything unique between you two, you can try to provide it. My sambo and I had made music videos for each other over the years, so I provided those links at my interview (they never accepted them, but it was nice to have), and then of course documents proving you are married (if you are), or have kids (if you do), or if you lived together (if you did/currently do).

      That's about it :) The most important thing is to provide proof that you spent time together both before and during the wait process, so pictures and flight stubs are your best proof!

      Delete
  9. wow.. your blog is awesome!! i read it all and now it gives me an idea about the process. Thank God I found your blog :) I feel little nervous because we just recently apply for an extension because of my UT will expire next month. Hope to get PUT soon. Btw i live in lidköping :)

    ReplyDelete
  10. Have any of your techniques been proven ineffective in the martial art?
    reilly bodycomb

    ReplyDelete
  11. Hi there Meg :) I just got my PUT last week and my new ID arrived last Monday didn't expect that i will come so fast .. glad that I've read your blog.. keep it up thanks :)

    ReplyDelete
  12. I am Jane from USA, It is so amazing to know such a man called Dr. Agbazara because he is so powerful that he was able to bring Dave back to me within 48 hours. Dave left for another girl and for some weeks i was so helpless because he met everything to me. But Dr. Agbazara was able to put smile in my face when he brought Dave back to me just within 48hours. And today me and Dave are back together all through the help of Dr.Agbazara whose contact details are agbazara@gmail.com OR agbazaratemple@yahoo.com

    ReplyDelete
  13. After my interview last month immediately i reach home i notice on my page on the migration website next of kin investigation. What dies that mean?

    ReplyDelete
    Replies
    1. Hello Anonymous! Did you ever find out the reason for "next-of-kin investigation"? I saw the same thing on my page...Thank you for any information that you are able to offer.

      Delete
    2. I see it on my web account too, no clue what it mean

      Delete
    3. This comment has been removed by the author.

      Delete
    4. Has anyone who applied in June, 2016 for moving to husband or wife in Sweden got a decision?

      Delete
  14. Hello! You blog is great and I have been reading everyones questions and your comments! So my current situation is that I am in Sweden on a tourist visa, and found a job that wants to hire me, but the process of hiring takes about 12 months. My questions is, am I allowed to be in sweden while the process of the work visa is happening?

    2nd question, my company thinks another alternative would be for me to apply for the Sambo, because it may be faster then the work visa. Would I be able to stay in Sweden while the Sambo visa is in process ( which being in Sweden on a tourist visa)

    Glad I landed on your page, you re so helpful :)

    ReplyDelete
  15. Hello Meg,

    I assume you are now enjoying your time in your home in the country side outside Gothenburg. Let me say, I am very impressed with your blog and all the work you have put into it.

    My name is Emil and I am an Icelandic citizen, but have lived in the US (North Dakota) for about 25 years now. My sambo, a American citizen, and I are planning on moving to Sweden this fall (Skövde area). Me being a "Nordic" citizen, it looks like my sambo should use the EU rules and go for the Resident Card. From what I can gather, that appears to be a better option than going with the Swedish rule and apply for Resident Permit (please see below from IV website).

    "Nordic agreement
    Denmark, Finland, Norway and Iceland, along with Sweden, constitute the Nordic countries. The Nordic countries have an agreement which states that Nordic citizens have a right to live in whichever Nordic country they choose. You do not need to apply for a residence permit. If you want to live in Sweden you simply need to register with the Swedish Tax Agency.
    As a Nordic citizen you are also considered as an EU citizen. You do not need to apply for permits to live in Sweden. If your family are citizens of a non-EU country they can live with you in Sweden as long as you have right of residence. In this case, your family should apply for a residence card in accordance with EU rules."

    You wrote about in your blog that "You need to be able to prove you started a relationship in that country, and that you both were legal residents in that country. That country also must be an EU or EEA country." I have tried to ask both Skattverket and Immigration if it matters the fact that I am coming from the US, and my proof of sambo is from living in the US. I have never gotten a straight answer. Did you find information stating that we had be coming from a EU/EEA country? Also curious on your opinion of pros and cons between the Resident Card vs. Resident Permit.

    Thanks in advance if you have a chance to write back to me
    Emil S. from ND

    ReplyDelete
  16. This comment has been removed by the author.

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  19. Hi Meg, I noticed u have not seen your updates lately, hope you are still with reach. Thank you for the information yiu shared its pricelees. Have u by any chance found out more about the proof of sponsorship being solely the responsibility of the host partner?

    ReplyDelete
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    ReplyDelete
  21. Hello Megan ! I've been waiting for my sambo visa to pull through for 17 months now. Since August 2016, I'm from the states and my fiancé is swedish and it's been so long and tough and lacking so many answers as I'm sure you know, and I'm also sure you know how much you help others with this blog, a true life saver.
    However I was hoping to get some information if you knew or anyone else did about appeals. We fulfill all requirements except the maintenance one until recently, because my partner is a student however has enough fortune so that the court decided through our appeal of Migrationsverkets negative decision he could in fact support both of us and fulfill that requirement. So they declared that and to send our case back to MV for further processing of our case. Do you know what this means ? If it's the only thing that was holding us back will this finally mean we'll get approved and also how long will it take to hear from MV for an interview after the appeal was in our favor.
    Please and thank you so much,
    -Mila

    ReplyDelete
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  34. My name is Micheal James from france, I contacted Mrs Carroll Walker Company for a business loan amount of $40,000. Then i was told about the step of approving my requested loan amount, after taking the risk again because i was so much desperate of setting up a business to my greatest surprise, the loan amount was credited to my bank account within 24 banking hours without any stress of getting my loan. I was surprise because i was first fall a victim of scam! If you are interested of securing any loan amount & you are located in any country, I'll advise you can contact Mrs. Carroll Walker Company via email: Contact him through the email . infoloanfirm8@gmail.com

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  36. i will never ever in my life stop telling the whole entire world the great Job Dr. Abolo whose contact details is Abolospell@gmail.com did for me by making my relationship the best and the perfect one i wished for with his powerful love spell that works beyond human oh my goodness his spells is so effective and secondly there is know side effect and most importantly he is very legit what ever he says that is what he dose. now this was how meant with him that change my love life all of a sudden. I saw a comment here a few weeks ago about Dr Abolo and i decided to contact him as instructed, thanks to this man for bringing joy to me as wished for. i followed instructions which he gave in other to get my lover back who left me and the kids for 3years now, but thanks to Dr Abolo because they are back to me now for good and we are happy together. please do contact him for help too if in relationship problem via email at: ( Abolospell@gmail.com ) And testify for yourself.

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  37. Good day everybody, This is my testimony on how I won 53,193,914 million pounds on Mega millions lottery. I want to use this opportunity to thank Dr clement,for casting winning spell for me to win the lottery of 53,193,194 million pounds,lottery ticket.I have been playing lotteries for the past 5 years now and i have never won any. Ever since then i have not been able to win any lotto and i was so upset and i needed help to win this mega million lottery. so i decided to go online and search for help, there i saw so many good testimony about this man called Dr Iyaryi,of how he has cast lucky spell lotto for people to win the lottery. I contacted him also and tell him i want to win the Mega millions lottery, he cast a spell for me which i use to play and won 53.193,914 million pounds in mega millions lottery. I am so grateful to this man, just in-case you also need him to help you win, you can contact him through his Email: allmightbazulartemple@gmail.com, and he will surely help you just the way he has helped me. i will forever be grateful to him and always testify the good work of him to the hole world. contact him via Email: allmightbazulartemple@gmail.com, or you can also contact him through his email and he will surely help you to win any kind of lottery And also Reach him on WhatsApp Number +2347051758952 Thanks Dr. clement can also cure all others of infection disease with herbal medicine list of my work
    {1}HIV/AIDS
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    {3}EPILEPSY
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    {5} HPV
    {6} ASTHMA
    {7} HEPATITIS
    {8}LOVE SPELL
    {9} MONEY SPELL
    10 IMPOTENCE
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  38. All thanks to Dr Otonokpo for restoring my Job and my lost money, I don't even know how to thank him enough.

    My name is Michael Rainer from USA, I lost my job due to the outbreak of covid 19 and I was so helpless that I couldn't even know what to do and then I lost the little money I have left with me to some fraudster and I cried but no one could help. So when I narrated the story to my friend SANDRA CORDELIA she tried to calm me down and said there is someone that can help me regain all that I lost but I never believed her until she told me about Dr Otonokpo and she gave me his contacts and I contacted him, and he said I should not worry that everything will come back to me, after 2 weeks I was called back to resume work and the fraudster that ripped me off my money called to refund my money back to me.

    I am very happy I met Dr Otonokpo, if you have any problem at all you can contact Dr Otonokpo if you also want your ex back, if you seek fruit of the womb, promotion in your work, protection from guns and cutlass through his email: otonokpotemple@gmail.com. WhatsApp: +2348114129781

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  39. can't believe that this man is so real, how can I thank you enough, I can't fail to testify about the good things you have been doing for me and now you still went ahead and do same for my friend, please everyone if you have anything disturbing you please your solution is hear with Dr.osupalagba the great spiritualist who can solve any problem in a twinkle of an eye. No matter the problems, whether spiritual problem, you want to get your ex back, promotion in your workplace, spiritual cleansing, fruit of the womb, mental illnesses, protection for gun, protection for cutlass, protection for bottle, protection for snake and scorpion bites and cure. Are you a victim of any of the above listed setbacks, you can contact Dr.osupalagbavia Email: osupalagba.temple@gmail.com


    Call/WhatsApp +2347051667586

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