Each week, migration lawyer Adam M. Lindström shares a valuable migration tip—this week: how to safely navigate border control and how to properly file a residence permit appeal, especially when including co-applicants…

Migration Tip of the Week from the Immigration Laywer

Migration Law - Crossing the Swedish border

The Swedish Border Police is one of the most difficult authorities in Sweden to deal with. They have, for good reason, the power to deny you entry into Sweden even if you have the right to be here, if they suspect wrong doing or detain you for exampel if they deem the reason for your visa is not honest.

When it comes to visas, I always recommend that your bring with you a detail schedule, adreses you intend to visit, hotell booking copies and telephone numbers to whomever you intend to visit. 

Thats pretty straight forward, you just prove that your trips is as planned. 

When it comes to an ongoing appeal things get mor complex. An ongoing appeal of a residence permit does give you the right to be in Sweden, but not necessarilly to right to enter Sweden, at least not in the eyes of the individual Border Police. They have no system with easy to access information about right of residence and often lack the special knowledge of rights of residence within Sweden, they are after all the authority of who has the right to enter. 

My advice is simple, stay in Sweden during your appeal process!! But if you must travel, do bring with you your "betecknings nummer" from the Swedish Migration Agency and your case number and name of the court handling your case at the very least. Preferably print copies of letters from the court with name, case number or betecknings nummer on it.

I have seen one to many poor travelers, who tries to enter Sweden during an appeal process geting denied at the border, detained for hours and having to spend money and time regaining entry, if even possible. 

I have also helped clients who needed to travel for family crises and such, by furnishing them with a complete folder with relevant documents and a legal letter explaining their situation to the Border Police. To this date, non of them has had any issues crossing the border, so it is possible even if I strongly advice against it!

Stay informed - Lawyer Adam M. Lindström - Master of Laws (L.LM.)

Immigration Law - Appeal and a common misstake 

• Are you appealing a rejection decision from the Swedish Migration Agency?
  Ensure that the appeal includes the case reference numbers, names, and relevant personal details of all co-applicants, or they risk being excluded from your appeal!

Each individual linked to your residence permit (co-applicant spouse, partner, or children) is treated as a separate case by the Swedish Migration Agency, even if they are your co-applicants. When a rejection decision is appealed, each person becomes a separate case at the Migration Court.

Example:
Sara has a residence permit in Sweden through work. She also has her partner Emir as a co-applicant, along with their two children, Selma and Dino. Sara applies for an extension of her work permit with her family as co-applicants, but the Swedish Migration Agency rejects their applications. Sara decides to appeal the decision and submits a letter to the Migration Agency with her case reference number, her name, and why she believes the decision is incorrect.

At this stage, the Migration Agency is only obligated to register the appeal as submitted, covering only Sara's case reference number. Weeks pass, and the Migration Agency's decision gains legal force. At this point, only Sara has the right to remain in Sweden while awaiting the Migration Court's decision on her appeal, but her family risks deportation and no longer has the opportunity to appeal their decisions.
This is where the notification process and its consequences for the right to appeal become critical! More on this in the next post.

A competent lawyer can inform you about the details that the Migration Agency should clarify but lacks the resources to do, ensuring you can live in Sweden with peace of mind.

Your lawyer is your insurance against unexpected decisions and catastrophic consequences!