YES.
I am going to share with you now the "real deal" about visiting Sweden while your permit is processing.
It is not "new news" that Migrationsverket can be quite inconsistent with their answers to our questions. Furthermore, they often times give incorrect information. That has been the single most frustrating part of this experience; it has even been worse than how long the waiting time is. The constant stress, fear, paranoia, confusion, lack of trust, and inhumanity felt by conflicting and wrong information has made what is already a trying time, unbearably impossible to deal with.
If there is one thing that we can do to help ease the searing pain of separation, it is to be able to visit our loved one. So, let's go through the stages of grief as you research whether you can visit your love while you wait.
First, let's assume you are an applicant who doesn't require a visitor's visa to enter Sweden.
(If you are someone who requires a tourist or visitor's visa to visit Sweden, please scroll down toward the bottom of this post, where we discuss the Migration Handbook)
1. You start on MV's website for information on if you can visit.
The first thing we encounter when we research if we can visit Sweden while we wait, is found directly on Migrationsverket's website (it is the same whether your application is because you are married/common law spouse, or if you plan on marrying/becoming a common law spouse):
And the following screenshot can be found at the base of the following page (it is the same whether your application is because you are married/common law spouse, or if you plan on marrying/becoming a common law spouse): https://www.migrationsverket.se/English/Private-individuals/Moving-to-someone-in-Sweden/Planning-to-marry-or-become-the-common-law-spouse/How-to-apply.html
2. Shock and grief. What do they mean I "may not enter Sweden" while I wait? The wait is 14-21 months long!
So, the next natural step is to Google things and see if you can find more information. You may find yourself on The Local forum where you ask the question, and you will get various answers. Some people will quote the Swedish Alien's Act (Utlänningslagen) and emails they received from MV saying they couldn't visit. But others will declare you absolutely can visit, that they visited and got their residence permit and everything turned out fine. So you begin to get super scared thinking that maybe the rules have changed, and you really can't visit, even though others could before you.
You may join support groups like the I Väntan På Familjen facebook group, and at first glance, you see people visiting or talking about visiting, and it is even more confusing. You thought the website said you could not visit?
3. You decide to email Migrationsverket yourself.
(You will learn soon enough that you could contact MV and ask one question 5 times, and get 5 different answers for it. So, prepare yourself for the onslaught of conflicting copy/paste answers from them.)
So, you email them using their online contact form. You say to them,
"Hi. The wait is really long, and I would like to visit my loved one. The website says I cannot enter Sweden before I get my permit, but I hear of other people being allowed to visit. Can you explain the rules to me?"
You wait 4-6 business days, and you get the following response:
So, they're saying it's up to you... but that the "main rule" is that you should "not be in Sweden during this process" which means it "could affect your application."
Oh hell no! You say to yourself. You don't want to risk your case getting affected. It seems pretty clear that people are breaking serious rules by visiting. You decide to wait.
But several months pass and the pain is unbearable. By now, you are involved in several support groups and people still continue to visit Sweden. So you decide to email MV again.
"I'm really confused. I have been told there is a rule that says I cannot visit Sweden while my permit is processing, but people are visiting their loved ones. What exactly does the rule say?"
To which MV responds:
Oh! So now it just says that it's only "around the time of the decision" that I cannot be in Sweden? But the website says I cannot enter at all... oh well, if this is what MV says, I'm booking a flight ASAP!
4. You book a trip to visit your love. Then you go home. About 10 months pass, and you get your interview email and do the interview. But it has been many months since you have seen your love, and you want to visit again. Now what?
You have heard a lot of people say the same thing MV did -- that you only can't be in Sweden around the time of the decision. So, because of this, it is ok to visit as frequently as you want before the interview, but that you should notify MV after your interview if you want to visit Sweden just to make sure they are aware of your travel plans so that you don't get a decision while you are in the country.
You email them about your plans to visit your love for Christmas, and they respond with this:
Oh not this shit again. So are you now saying I can't visit Sweden at all? But I already did... am I busted??? Well let's see here... they quoted the law, so let me look it up.
5. You look up the Utlänningslag (Swedish Alien's Act) Chapter 5 Section 18, and you see it says the following:
All that really matters, you realize, is that first line item ("the head rule" or the "main rule", as MV calls it) which translates to the following:
"18 § A foreigner who wants to have a residence permit in Sweden must have applied for, and been granted, such a permit before entering the country. An application for a residence permit may not be accepted after entry."
So then you start freaking the fuck out, because that's exactly the legal text of the law: you must have applied for, and been granted, a residence permit before entering the country.
6. WHAT THE F*CK.
So, this is where I'm going to stop you for a moment. The second sentence of that legal text clearly states that an application for a residence permit cannot be accepted after entry. What the law is saying, is that you must apply from OUTSIDE of Sweden (unless one of the listed 11 reasons applies to you, which it likely doesn't; those 11 exemptions are if you are a refugee, an unaccompanied minor, if you are waiting for an extension to your permit, if you have a study or work permit and are now waiting on a sambo permit, etc).
But you still say to yourself, "what about the part that says I have to have my permit before I can enter the country?" You recognize this matches what the website says about not being able to enter the country while your permit is processing, but it contradicts what the one MV person (and other people in the process) say about just not being able to be in the country "at the time of the decision". What gives?
7. You decide to email MV again.
You ask them if you can visit during the process. At this point, you have asked this question so many times, that you have created a fake email account so that they don't flag your case as someone being troublesome.
They send you the following response:
So , once again, there it is: You CAN visit, but just not when it is time to make the decision.
8. So, you've had your interview and you're 11 months into the process, so you email MV to notify them of your travels. You do this to make sure that if they get to your case while you are in sweden, they will postpone delivering a decision until you prove you have left.
You send them an email about visiting your love for Christmas. This time, you forward your flight itinerary to migrationsverket@migrationsverket.se and ask them to make note of it on your file to make sure you don't break the Utlänningslag. Here is their response:
And now, for the grand daddy of all information: The Migrations Handbook
For all the obscene, conflicting information you will hear from MV about this process (particularly how they make it sound like you will get rejected if you step foot in Sweden while you wait), the greatest injustice is that Migrationsverket posts on their own website the "Migrations Handbook" -- which is the document they use to train their own damn employees.
For those of you who require a Tourist Visa to visit Sweden, please also pay close attention to this section!!
As it pertains to people visiting Sweden (or applying for a visitor's visa) during the wait, you may find yourself on pages 168-170 of the Handbook found in PDF format at this link:
In that link, it says the following (highlighted parts are translated afterwards):
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 underkapitlen, gällande för viseringspliktiga respektive viseringsfria utlänningar. innehållsförteckningenViseringspliktigaMöjligheten att bevilja visering i de fall när en sökande har ansökt om uppehållstillstånd för bosättning i Sverige får bedömas från fall till fall. Så länge en person inte har varit på intervju är det i allmänhet inget som hindrar att visering beviljas. När däremot intervju har gjorts och ärendet är under prövning hos Migrationsverket bör visering i normalfallet inte utfärdas, eftersom ärendet om uppehållstillstånd är under prövning. En annan faktor som har betydelse är hur nära i tiden en intervju ligger. Ju kortare tid desto rimligare är det att personen får vänta med resan till Sverige tills frågan om uppehållstillstånd är klar. Det är angeläget att utlandsmyndigheten informerar sökanden om huvudregeln i 5 kap. 18 § UtlL och att en inresa kan komma att medföra komplikationer för honom eller henne. Handläggningen kan komma att ta längre tid om Migrationsverket inför beslutstillfället får kännedom om att sökanden vistas i Sverige och därför måste avvakta en utresa. Sökanden riskerar även att få avslag på sin ansökan och att bli avvisad, om han eller hon finns kvar i Sverige vid beslutstillfället.ViseringsfriaÄven om en viseringsfri utlänning, som sökt uppehållstillstånd, i och för sig är oförhindrad att resa in för att besöka Sverige, kan en inresa medföra komplikationer för honom eller henne. Handläggningen kan komma att ta längre tid om Migrationsverket inför beslutstillfället får kännedom om att sökanden vistas i Sverige och därför måste avvakta en utresa. Sökanden riskerar även att få avslag på sin ansökan och att bli avvisad, om han eller hon finns kvar i Sverige vid beslutstillfället
Now, let's digest some of the important parts:
- "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."
- This translates to the following: "It can be stated that the rules about residence permits...in Chapter 5. § 18 (first paragraph) of the Aliens Act do not prohibit an applicant to enter or stay in Sweden, after he or she has applied for a residence permit. What the rule says is that a residence permit can not be granted after entry. A visa-free foreigner, or a visa-bound alien who has a [tourist] visa, can thus legally [visit] Sweden, even if he or she submitted an application for a residence permit."
- In other words, they are saying that they cannot give you your decision while you are in Sweden. You cannot apply for a permit, and then move to Sweden and await the decision there. You can surely visit, but you must go back home in order for them to give you a decision.
- 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.
- This loosely translates to the fact that when the Alien's Act was first put into place in the 1980's, it was assumed that the alien would not visit Sweden during the process (the process was extremely short back then, and even up until recent years). Thus, it was not a big deal to have the alien stay out of Sweden until a decision was rendered. "Reasonable processing times" are not what the picture looks like in reality today, however.
- 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.
- What this section says, is that granting a visitor's visa to a person who requires one to visit Sweden, is left up to the discretion of the Embassy in each foreign country. While MV offers some guidelines, the embassy can enforce or interpret them individually, especially if the applicant comes from a country that has a high risk of them not returning to their country after entering Sweden.
- The guidelines MV offers to embassies who must decide whether to give a tourist visa to an applicant or not, are as follows:
- How long is the waiting time?
- What does the general visa practice of the given nationality look like?
- What experience the embassy has had in the past with applicants of the given country in defecting (ie, is it common for people who have received visitor's visas, to not leave Sweden or the Schengen region once they are allowed in?)
- Because of this, it is easy to see why some citizens of countries find it much more difficult to receive a visitor's visa than others. It is fully up to the discretion of the embassy in the country you are applying from; not MV.
- Möjligheten att bevilja visering i de fall när en sökande har ansökt om uppehållstillstånd för bosättning i Sverige får bedömas från fall till fall. Så länge en person inte har varit på intervju är det i allmänhet inget som hindrar att visering beviljas.
- In regards to getting a tourist visa to visit, this section says the following: "The possibility of being granted a visa in cases where the applicant has already applied for a residence permit to settle in Sweden, may be considered on a case by case basis. As long as the applicant has not had their interview yet, there is generally nothing to prevent a visa being granted."
- Även om en viseringsfri utlänning, som sökt uppehållstillstånd, i och för sig är oförhindrad att resa in för att besöka Sverige, kan en inresa medföra komplikationer för honom eller henne. Handläggningen kan komma att ta längre tid om Migrationsverket inför beslutstillfället får kännedom om att sökanden vistas i Sverige och därför måste avvakta en utresa. Sökanden riskerar även att få avslag på sin ansökan och att bli avvisad, om han eller hon finns kvar i Sverige vid beslutstillfället
- For those who do not require a tourist visa to visit Sweden, it says (roughly) the following:
- "Although a visa-free alien who has applied for a residence permit is free to enter to visit Sweden, a visit could cause complications for him or her. The processing may take longer if the Migration Board, before the decision is made, learns that the applicant is in Sweden, and therefore must wait until they exit the country. The applicant is also at risk of getting denied or turned away if he or she remains in Sweden at the time of the decision"
So, on that final note......
On that final note, we can see that the ONLY TIME you are at risk of having your case delayed or rejected, is if you visit Sweden at the time MV is ready to make a final decision on your case. Your case would be delayed until you can prove you have left Sweden, and then they will give the decision. You are at risk of getting rejected if you elect not to leave Sweden at all, when they are ready to give you a decision. While we do not know what the "grace period" is, I would suggest getting your ass out of the country ASAP - like, in the next hour! - to avoid getting your case delayed any further or rejected. We knew of a guy who was in Sweden when MV informed them it was time to make a decision. They asked for proof of him being out of the country. So he jammed to GOT airport and bought a last-minute $15 RyanAir flight to Dublin. The second he landed, he sent a selfie of himself in front of the Dublin Airport sign. He received his decision 2 days later. If you are curious to know how many months it takes to receive a decision, check the Application Timeline Spreadsheet (at the time of this post, decisions are coming between 13-14 months).
And to that end, the only time you can really be guaranteed to not get a visitor's visa, is if it is also after the interview and close to the decision time. Of course, it also depends on other factors (described above), but if you come from a country where you require a visitor's visa, do your best to apply for that visa as early in the process as possible, because your odds for a visa are much greater at that time. Your partner in Sweden can visit you in your home country as the case gets older and getting a visit visa becomes harder to acquire.
One more note about Tourist Visas: You have two options:
One more note about Tourist Visas: You have two options:
- A tourist visa
- This is if you have the funds and ability to prove you can support yourself for the duration of your stay. Read more about this visa option on MV's website here:
- A visitor's visa
- If your partner is Sweden is claiming responsibility for you and your accommodation and welfare, apply for a visitor's visa. Read more about this visa option on MV's website here:
Any questions? Leave a comment below <3
It is the Swedish Embassy that grants visitors visa!
ReplyDeleteIf you apply for visitors visa in Ankara or in Moscow there is a big chance to get visa granted!
If you do the same in Beijing you have no chance to get it granted!
So please avoid falling in love when you are in China....
Mikael Wik
Yes :/ It also seems that it is usually relatively easy to get a visitor's visa from southeast Asian countries like the phillipines and Thailand, but nearly impossible from middle eastern and African countries.
DeleteWhen I think about how I would feel if I was also in that position, it just simply breaks my heart. I feel like I have very little rights to feel pain or complain about this process, considering others' circumstances :(
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.
DeleteHi Megan! Thanks for the info! This will help a lot of people!
ReplyDeleteI am in a bit of a different situation but with a simular problem.. and wondering if you know anything or can help me!
I am an Australian and hence do not require a tourist visa to enter Sweden, I am currently living in Sweden and waiting for my visa to be approved. I had a working holiday visa and now I am in 'limbo' waiting for MV to approve my sambo visa (I am one of those 11 exemptions). Its great that I can live with my sambo whilst I wait for my decision.. however MV recommend that I do not leave the country until my visa is approved as I might not be let back in because I dont have a valid recidency permit.. I have a wedding this year in Australia and must go! I have emailed them many times and they respond the same.. they say if I decide to leave to notify them when I will be outside Sweden (simular to what needed to do)
Just wondering if you have any idea about this... or any advice.
Thank you very much
-Matt
hi Matt!
DeleteOk, so I will start with saying that I do not have a level of expertise in this area, so all I can do is explain what little I do know, have seen, and have heard.
MV does indeed say that you should not leave Sweden while your new permit is processing, if your old one has expired (or will expire while you are out). It most certainly causes grief for people who do need visas to visit Sweden - because they won't be allowed back in without a valid visa. So they would need to apply for a tourist visa, and then they would need to vacate when it expires. For visa-free citizens, the problem is that border patrol might not let you in if you fly into Sweden, because you do not have a valid visa. You could lie and say you are just visiting of course, but.... that's a risk as well. Another option is to fly into, say, Denmark or Norway and cross the border, but then your passport would show you entered the Schengen region and you run the risk of violating international laws by not having an exit stamp on your passport within an appropriate time frame.
But all of this to say, that I read somewhere that someone just printed up all their paperwork indicating that they had a visa processing, and somehow were able to use that as proof that they were allowed to continue staying in Sweden while it processed, despite having left Sweden for a short period of time.
My question for is: when you email them, and they tell you to just let them know when you will be outside of Sweden, do they say that it is therefore ok for you to leave? Perhaps another option is to go to the Australian embassy in Sweden and see if you can seek counsel from them. I feel like at the end of the day, given you are visa-free, it shouldn't affect you and you would be fine to leave temporarily.... but I am uncomfortable with saying that it isn't without inherent and potentially dramatic risk.
I wish I could be of more help! :(
Hi! I'm Australian and in January this year I moved to Sweden on a working holiday visa to visit and live with my boyfriend. Before that we lived together for 16 months in Australia, but we have now decided that we want to stay in Sweden. My visa expires in January 2017 and we have figured out the best is to apply for a Sambovisum(partner/ de facto visa). Since the waiting time to get that visa approved is very long at the moment, it seem unlikely that its going to be looked at before my current visa expires. So my questions to you are: Is it okay to apply for a sambo visa while i'm on my current WH-visa(so I still can stay until January)? Is it possible for me to wait in the country until the sambo-visa gets approved (even after my WH-visa is expired)? Can I leave the country for a holiday in that case?
DeleteWe have tried to talk to the Swedish migration agency, but we get different answers all the time and we need to be definitely sure before we do anything. All we want is to be together! Hope you can help me with some of these questions.
Best Regards
Alysha Wiseman
I'm actually going to Norway in a weeks time, and would it be benefitial for me to apply from there? And will I still be allowed back in?
DeleteBy the way I really appreciate what you are doing on this page, extremely helpful for people in our situation!!
Thank you so much!
Alysha Wiseman
Thanks for the reply Megan!
ReplyDeleteYeah there are definately options! I would just feel way more comfortable if there was some sort of bridging visa haha... but i guess that is not going to happen.
Yeah Im thinking about doing the same thing, Im going to print off my application for my visa that is being currently processed, my fulltime work contract, my mortgage papers i have to prove that i own an apartment here in Sweden, i will have my swedish drivers licence, swedish personnummer and i can speak fluent swedish.... if that isnt enough to let me back in i dont know what is!
When I email them, they say its fine for me to leave the country, but it MIGHT be a problem with gränspolisen when coming back in.
They say specifically: 'It might not be a problem at the border since you dont need a current visa to enter Sweden, however Migrations Verket cannot guarentee that you will be let back in.'
Then they go onto say:' IF you need to leave the country, to let MV know when you will be away from Sweden incase MV needs to contact me for my application'
Im wondering whether I should let them know dates on when i intend to leave and re-enter Sweden, if I do tell them then I am basically saying to them that I am ignoring what they are suggesting and that i intend to re enter Sweden... however if I dont tell them and they try to contact me whilst I am in Australia, Im wondering if i could get in trouble! What would you do? would you let them know?
It will have been 18 months by the time i am thinking about travelling to Australia, so if they dont let me back in I can wait it out in Australia for a few more months i guess... not ideal when I have mortgage and a fulltime job! haha
Thanks so much for your help.. I know you dont have much experience in this specific topic, but it is still more help than I have gotten from anyone else!!
VERY APPRECIATED!!
:)
My boyfriend and I went through this whole back and forth process with the MV, and were so sad to hear that our application could get "rejected" if I stepped foot in Sweden. I couldn't find concrete information on this anywhere! Thanks to you (you blessed angel, you!) I am planning on flying to HIM the next time we see each other. I can't thank you enough. This is the best blog I have ever come across. You should know that you make a serious impact on people's lives, and you should be proud. Thank you so much.
ReplyDeleteThe countless hours and days of my life that I spent researching and writing these blog posts, were all validated in your one brief post :) Thank you so much for stopping by and letting me know the good news!!! I wish you the happiest (and worry-free!) visit with your love, and many more in the future while you guys work toward the end of your wait!! <3 <3 <3 Have such a wonderful time, I wish you both the best!
DeleteAnd for the record, I visited Sweden 3 times during my wait. Once in the 3rd month, once in the 6th month, and a full month between months 11-12. And I just got my decision yesterday, at exactly 13.5 months of waiting (the average wait time), so I was not penalized at all. :) So now I can finally be living proof of my own testimony :)
DeleteMeg, as the person above wrote, I can't tell you how relieved I was to find your play by play above. You are scoring some good karma indeed with these posts and please keep it up! Tack så mycket!
DeleteI was happy to see solid information about visiting after application for once. I have a trip planned for summer but we were debating on applying *now* rather than waiting until I got back... we, and my friends, we're afraid I wouldn't be able to, but unless MV defies logic and processes in two months...
ReplyDeleteI'd expect the Second Coming of Christ first.
How long before the interview? And is there a time frame you have to use? I planned to do my interview after I moved east in August at the DC embassy but if they contact for it before then miraculously, can it be delayed until then?
Hi Keshna!! Sorry it has taken me so long to respond - March was one of the busiest months of my life and I am still trying to get caught up! :)
DeleteYou MUUUUST apply ASAP! The waiting times are not expected to get shorter. And if you apply after 31 May 2016, your partner in Sweden will be required to prove maintenance requirements for you according to the new law planned to go into place. Not only will this be a big hassle, but also it is expected to elongate the waiting times even more because those cases will need to have the Swedish partner's economy analyzed as part of the process.
As for when you will receive your interview email, it could go one of two ways - either you will receive it approx. a few months after you apply, or what may end up happening is what MV did last year - they stopped issuing interview emails for applications submitted after January 2015, and focused 100% on delivering decisions for the entire year. And then in February 2016, they focused on sending out interview emails. What we suspect may happen is that at the end of April, just before the summer holidays begin in Sweden, MV will finish sending out interview emails to all 2015 applications and then will stop issuing them entirely for the rest of the year. And they will focus only on delivering decisions to 2015 applications. This means you wouldn't need to worry about getting the interview email until next year, and can "safely" travel to and from Sweden in that time without fear of a decision coming while you're in the country.
It will be very interesting to see what happens in the next few weeks. MV is just about to finish sending out interview emails to November 2015 cases, so it should be only a short time before we see what their next move is...
I'm in the waiting period right now and I'm kind of too afraid to visit Sweden so we have compromising by having him visit me and thinking about meeting halfway in another country later if the waiting period continues to be very long.
ReplyDeleteThese are great posts and it's really helpful to read. Love that they're actually up to date and not from years ago too!
We got this answer from Migrationsverket about visiting Sweden during the waiting.
ReplyDeleteIf you want to travel to Sweden in May, you may do so as long as the embassy grants you a visa. However, you need to return to Thailand for the interview and the main rule is that you also need to be in your home country when the decision is made in your case. If you decide to come to Sweden, please let Migrationsverket now that you are here.
Yep, that sounds perfectly accurate! It's lovely when MV sends complete and true emails :)
DeleteThe only thing I would correct in that email is that you do not have to return to Thailand for your interview - you are actually allowed to schedule your interview pretty much anywhere in the world. You just need to call the embassy in whichever country you wish to do it in, confirm they will let you transfer your case there, and then schedule the appointment. Many people who got their emails while on vacation (or even visiting Sweden) have chosen to book at a nearby embassy instead of waiting to go home. It really doesn't matter either way; it won't delay your decision at all. It's just a matter of personal choice :D
I decided to wait until I returned home from my trip to Sweden to do my own interview, but I know many people who scheduled to do theirs in Berlin, Paris, Athens, Rome or Madrid while they were visiting Sweden with their loves. They made a a mini vacation out of the trip :)
Hello! First off, a huge thank you for your entire site. It's been an excellent resource and eases my constantly worrying mind to see everything laid out step by step :) My question has to do with something I was told by my local consulate here in the U.S.: she told me that if I was to visit Sweden, even before the interview, that they would put my application on hold until I returned to the country. She said it was my obligation to tell them if I planned on visiting. To your knowledge, is that true? I thought it was only important to tell them about my travels (and therefore have them place my application on hold) if it was after the interview/closer to the decision timeframe. She worried me as she said it's up to me if I want to travel, because by doing so I would be increasing the waiting times for myself.
ReplyDeleteThanks for your time and patience, and also... congratulations on receiving your positive decision!!! :D
-Jessica
Hi Jessica!
DeleteDon't worry - don't listen to the consulate. :) The only time your application will be put on hold is if you are assigned a decision-making case officer and MV is aware that you are in Sweden at that time. According to Utlänningingslagen (The Alien's Act) and the Migration Handbook (an official publication used to train MV case officers), the only time you are not allowed to be in Sweden is when the decision comes; they are not allowed to give you a decision while you are there. The reason being, that if you are rejected for some reason, you become an immigration risk (if someone knows they are not allowed to live with their partner, it is easy for them to just say "Fuck it!" and stay illegally). For this reason, they force you to prove you have left Sweden before they render the decision.
It is literally almost impossible for you to get a decision before you have your interview, which is why I find it stunning that the embassy gave you such inaccurate information (although granted, the embassy / consulates do not know anything about the details of immigration to Sweden, so you probably were just misinformed by someone who is not aware of the actual rules). Usually the response given to people (which is also garbage!) is that you can visit anytime before the interivew, but not afterwards. The reason for this is that after you have your interview, your case file is complete and ready for a case officer to pick it up at a moment's notice.
So, with all of that said, I always advise applicants to go ahead and visit Sweden whenever they want, but to *SERIOUSLY* consider not returning to Sweden after their 12th month of waiting. Once you celebrate your 1-year application anniversary, you are in what I call the Decision Zone, and being in Sweden anytime after that does put you at a certain risk for getting your case put on hold.
(I need to start a new comment because I have run out of characters to write in this comment) :D
Ok, to continue my post above, yes - it is true that you should (and are obligated) to inform MV of your travels post-interview (before the interview, it is not really necessary because, again, you won't be getting a decision before your interview so they don't really need to know.) I also find it to be really good to notify them of your travels because then when you eventually get a case officer, they will see all the times you visited. In person visitations are the most important element of this waiting process; it is the best determinant that your relationship is serious and deserving of a permit. So if a decision maker (a "beslutssfattare") knows you have visited (especially recently), it makes their job much easier and less likely for them to ask you for more information before they render a decision.
DeleteAll in all, the consulate lady is simply not informed of the actual way this process works, which is not her fault; she does not work at or for Migrationsverket; she works for the embassy which is only in charge of conducting simple interviews. Trust me when I say I know HUNDREDS of people (including myself) who visited MANY times during the process (I only notified MV only of my travels post-interview, but I visited a couple times before my interview and never told MV, but provided the flight proofs at my interview and everything was fine) and we all got our positive decisions with no problem whatsoever, in the normal 12-14 month time range <3 <3 <3
And for the record, the majority of people I know who have gotten rejected (or had their case sent in for more investigation and an additional 3-9 months of application processing) were those who did not have in-person visitations throughout the process. This also included the partner in Sweden not visiting the non-EU partner outside of Sweden, but still - it goes to show you how important it is that you guys meet up during the wait. So if you are still worried (which you shouldn't be!) about visiting Sweden, then at least ensure that your partner comes to you so that you don't risk complications in the process! It is MUCH riskier to not meet up, than for you to go to Sweden during the wait :)
DeleteOh my goodness, thank you so much for your detailed reply! This is so helpful, not just to me but to any future confused visitors :D I'm really excited at everything you've said. We put in our application Jan. 26, 2016 so hopefully we'll be getting an invitation for an interview soon :) now I do have one other question for you, if you don't mind me picking your brain again haha. This is the plan we were thinking of, but weren't sure how reasonable it is... Sometime after the interview is conducted, what if I travel to Sweden and apply to stay for longer than 90 days? Those permits are generally granted for up to 6 months is what we heard, and we thought this would be a great way to be able to "live together" until the decision. When it was time for them to render the decision we'd book a flight asap to get out of the country so they could deliver it to us.
DeleteMy concern was them putting the application on hold if I am in the country, but from what I understand as you've written it, they won't place it on hold until it's time for the decision/I have a beslutssfattare. Is that correct or did I misinterpret it? And what do you think of this plan as a whole? Please be honest and poke holes in it, point out flaws, etc :P you have seen so many cases, I trust your judgement! Thank you so much!
You're so welcome!
DeleteOk - so you have a good plan on the surface. It's true that you get your 90 days visa-free, and then when you're in Sweden you can apply for an extension of *up to* an additional 90 days (180 days / 6 months total). But it is up to MV on how long they will grant you an extension for -- if you are getting close to the end of your wait, they won't approve it (or they will decrease the amount of time they will extend it for). As long as those 6 months are finished before you have waited 12 full months, then you should be fine :)
However, the flaw in the plan is that if you file for an extension and it is granted, MV will 100% know you are in the country, and the likelihood of you being given a bestlutsfattare (if your time for a decision came due) is very low. The one singular law in the Alien's Act is that they cannot give you a decision if you are in the country; it is literally against the law. So, they will hold your application until your visa expires and/or you proactively send them proof that you have left Sweden; and then, the wait to either A) be assigned a beslutsfattare or B) receive a decision if you had already been assigned one, can take an unpredictable amount of time. So the idea that you can just pop over the border to receive the decision is practically impossible to time. I have seen a general range of 5 days to 2 months of additional waiting for folks who where in various circumstances such as this.
MV doesn't give "heads up" calls to notify someone that the decision is coming, so it's really all a gamble that is fairly unpredictable to plan. So these are definitely things you may wish to consider! <3
Oh boy, okay, I think I understand most of this now... I've got one final detail to clear up, and then I promise I'll stop bugging you ;P assuming I went with this plan and got an extension, will my application be on hold basically the instant MV approves the extension? Or not until it's my "turn" to have my case looked at?
DeleteThank you again, your site and your knowledge are helpful to the nth degree, to say the least!! <3
Thanks for this huge amount of info. I have one question. I want to surprise her with a visit, but if I want to apply for a visa should she send me an invitation letter?
ReplyDeleteHi Megan
ReplyDeleteI would like to ask, once you have received the SAMBO visa, are you allowed to travel through Europe like an EU citizen can, or do you need to apply for a Shengen visa again if you want to leave Sweden for travel?
Thanks for all the advice and info
I look forward to your reply
Maryann
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ReplyDeleteHi Ana! It's a good question :) My response is going to be long, so I need to post it in two separate comments. Here is the first:
DeleteIf you are granted a residence permit in Sweden (either for work, school, or working holiday), then yes - you can apply for a sambo visa thereafter and complete your wait in Sweden. Yay!
However, there are several factors you will want to consider before making this decision. First of all, you can only apply for the sambo visa up to 30 days before your previous visa (in this case, a work permit) expires. This is not necessarily a problem, however you will want to beware of the new "Maintenance Requirements" (försörjningskravet) law that is set to go into effect on 20 July of this year. Anyone who applies for a sambo visa after 20 July 2016 -- even to cohabit with a Swedish citizen or PUT holder of 4+ years - will have to meet special requirements in order to get approval. These requirements will be that your Swede will need to prove they can support you. They will need to have a full time job (or sick benefits, or pension, or "substantial wealth") - CSN does not count toward this income. They will also need to have a minimum 2-room apartment (one bedroom for you and them, one full living room, at least 1 bathroom and at least a kitchenette). If roommates or children are involved, the apartment or house will need to be bigger. This can be a problem if your partner is a student, and/or you plan to be living in a studio apartment.
Secondly, if you enter on a work permit that is for longer than 6 months, then the good news is that you can continue to work or seek work once your work permit expires. However, if you elect to go into Sweden on a study permit, as I understand, you will not be able to work while you wait for your sambo visa to process. And this can be a problem because it is quite apparent that people who apply for a sambo visa from within Sweden before a previous permit expires, are actually entered into a separate queue from those who wait outside. And it has been a well-documented phenomenon that people who apply from within wait substantially longer than those who apply from the outside. Current waiting times for those who apply from outside of Sweden are 13-14 months (for normal cases). However, we have seen people apply from within who are waiting mostly between 18-24 months currently. And in this time, you are told that you cannot leave Sweden while your visa processes. If you do not have a valid residence permit to live in Sweden, you cannot leave and then re-enter and continue to live with your partner. (Continue to the next comment, below)
Now, I will not profess expertise in this field, because I have not bothered to study the actual law yet. But from what I know, if you come from a country that requires a tourist visa to enter Sweden, you cannot leave while your sambo visa processes otherwise you will need to apply for a tourist visa to re-enter Sweden after your old permit expires, and if you stay beyond that time frame, you will be registered as overstaying a visa. You may also not be allowed to board a plane to even get back to Sweden without proper documentation. However, if you do not require a tourist visa to visit Sweden, things could be a bit easier to navigate - especially if you travel by car within the Schengen region while borders are still open, because there will be no passport stamps or border control controlling who is allowed in or out.
DeleteSo - these are the considerations you will want to keep in mind. If you apply now, your wait will be shorter and your partner will not need to prove maintenance requirements if you apply before 20 July 2016, however you will need to do your wait outside of Sweden and only pay visits to your boyfriend during the wait. But if you get your work permit (especially if it's for more than 6 months), you can move to Sweden, live with your boyfriend, apply for a sambo visa 1 month before the work permit expires and still maintain the right to work (or seek work) while you wait.... but you will not technically be allowed to leave Sweden during the processing time if you want to continue living there during the wait, and the wait is much longer for people who apply this way. And your partner will need to prove he meets the maintenance requirements.
Let me know if you have any other questions, I hope I didn't overwhelm you with info!
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ReplyDeleteHi, um, Vegan SoCal too (if it helps :)) here in Lund. Completely new & ignorant to all this, glad we found you thanks. American here on a tourist. My first 90 days is up soon, can I apply for Sambo residence outside Schengen (Scot, Ireland) or do I have to go to US? Thanks!
ReplyDeleteHey hey I Am! You can apply from anywhere that is not Sweden. Honestly, I highly doubt they even check IP addresses to see geographically where the applicant is applying from, but I think the whole "you can't apply from within Sweden" bit is completely outdated. I think it is a grandfathered-in rule from the time when people's permits were approved within weeks or maybe 2 months from applying. The whole idea being that you needed to be outside of the country during the process because IF you are in the country and it's a rejection, there is a risk of the applicant staying in Sweden illegally.
DeleteBut now, the wait is so freaking long and the whole idea of having to apply is dumb. BUT. I would suggest if you want to play it super safe, take a quick drive to Denmark or Norway and apply TODAY. And then return to Sweden until your tourist trip is done with. :)
Hi! I'm Australian and in January this year I moved to Sweden on a working holiday visa to visit and live with my boyfriend. Before that we lived together for 16 months in Australia, but we have now decided that we want to stay in Sweden. My visa expires in January 2017 and we have figured out the best is to apply for a Sambovisum(partner/ de facto visa). Since the waiting time to get that visa approved is very long at the moment, it seem unlikely that its going to be looked at before my current visa expires. So my questions to you are: Is it okay to apply for a sambo visa while i'm on my current WH-visa(so I still can stay until January)? Is it possible for me to wait in the country until the sambo-visa gets approved (even after my WH-visa is expired)? Can I leave the country for a holiday in that case?
ReplyDeleteWe have tried to talk to the Swedish migration agency, but we get different answers all the time and we need to be definitely sure before we do anything. All we want is to be together! Hope you can help me with some of these questions.
Best Regards
Alysha Wiseman
Hello Megan!
ReplyDeleteThank you so much for this detailed and so useful infotrmation and precise investigations!
My partner and I have applied for this stay in Sweden permit only in the beginning of this month (September, 2016). After reading all your info I'm morally ready to wait for a long time (or it only seems to me that I'm ready). Nevertheless we decided not to wait for this permit over a distance and move together using tourist visa (I'm from Russia btw). As far as I understand it is possible to do so especially before they invite both of us to the Interview. And I even can ask to prolongue my 90 days stay in Sweden to 180 days. Am I right? But it usually takes Swedish Migration Agency several months to take a decision even after the Interview is made. So is it forbidden for me to stay in Sweden after the Interview and should I wait for the decision in any cointry except Sweden (for several months)?
Thank you beforehand for the answer,
Best Regards, Daria
Dear Megan,
ReplyDeleteThis blog is so cool! You deserve kind of a prize for the whole effort on it hahaha! Thank you soo muchhh!!! :)
Now, it would be really cool if you can give my girlfriend and I an advice.
First that all particular info:
Me:
Nationality: Colombian (Colombians don´t require visa to enter Sweden if is for 90 days or less)
Work Experience: Colombian Government, private sector, SWDISH EMBASSY IN COLOMBIA
Age: 28
Status: Single
Her:
Nationality: Swedish
Work Experience: Swedish companies, etc etc
Age: 28
Status: Single
So I moved to Sweden May 2016 for my Masters program in Uppsala, Sweden. After a couple of months I met who is right now my girlfriend (10 months), however I finished my Master a year later June 2017, around those same months we decided that we were going to apply for the Sambo Visa, process that we started, and sent the documents, around June 2017 from Sweden... Now the tricky part: One of my parents is not that good from health back home, so I have been here in Colombia since July 2017 however I´m suppose to be in Sweden the whole time of my decision (up to 14 months), what do you think we should do?
1. Can I wait here just in Colombia as normal taking care of my parents and waiting? Or should I ask them to move the case to their Embassy here?
2. If they call me for an interview I´m suppose to have it in Sweden or I can ask them if I can do it here in the Embassy in Colombia? (Also, do you know more or less how many months it takes for the letter inviting for the interview?)
3. What happen if I´m not in Sweden at the moment of the decision? (even when my Girlfriend is and I´m registered in the same address as her)
4. Maybe is just the opposite as what the post is saying? That I need to be in Sweden around the time of the decision (In around 14 months?)
What would be your advice in general!
Kind regards for this and for everything! :)
Juan :)
Dear Megan,
ReplyDeleteI truly hope you have some answers for my case..
I'm an EU-citizen so I don't need a visa to visit or enter Sweden. I used to live in Finland for several years but fell in love with a Swede.
Due to how easy it was to move to Finland and the answers we got from the embassy and immigration on there being no problem to move to Sweden, we eventually decided it be best if I move to Sweden.
I got rid of my apartment and moved my stuff to my gf to live as sambo in Sweden as one of my non-eu friends had done too pre 2015.
Now I'm in a predicament that I found out that moving and getting a sambo permit wasn't as easy as was foretold. Presumably the authorities that informed us assumed I was a nordic citizen (different rules apply) and figured I could just simply move.
Now I'm in Sweden with my gf and need to apply for a sambo visa, but have no means of going "back home" as I already took steps to live here.
What can I do in my case? Pretty desperate seeing all the information of not being able to be in Sweden to have the interview or during decision time.
I sincerely hope you can provide any help.
Kind regards,
Drake
ReplyDeleteThank you for sharing such valuable information.
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