Need help After 5 years in Sweden

[purtaker]

Hi everyone,
I need help about my residence permit after 5 years in Sweden.I will try to explain my situation as simplest as i can.here it is:

-I am a non-eu citizen who married to an eu citizen(denmark) in a Non-eu country on july 2006
-I applied to residence permit according to Eu-movement(2004/38/eg) in 2007 and got my permit on december 2007.
-we both filed for divorce in 2010 and officially divorced on august 2010.
-'I have applied for permanent residence permit in 2012 and have been called for interview on september 2013.

After the interview at migration board ,they said that I have been an illegal immigrant since my divorce and its not possible to get a permanent residence after 5 years of legal stay in sweden.They also adviced me to get a lawyer,
Now the tricky part is i did not work in 2009 and 2010 because of bad job market in Skåne and moved to Stockholm in 2011 and worked since then.
at this point i am open to anykind of suggestion,help,legal advice.
thank you in advance.


ps:Please excuse my poor english.

[fundiver199]

Did you live from "socialbidrag" for a long time after your divorce? Because otherwise you have retained your right to EU-residence on an individual basis, because you had been married for 3 years at the time of divorce and had been living in Sweden for more than 12 month.

Please refer to article 13, 2:

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

If Migrationsverket claim otherwise, then maybe better to find a good lawyer.

[fundiver199]

Also, unless you have deliberately been hiding from authorities, it is complete nonsence, that you have been an "illegal immigrant" since your divorse. It is up to swedish authorities to rewoke your residence right, if they believe, they have a legal reason to do so. And since they didn`t do that after the divorce, they have lost their chance now.

Because you are currently working and supporting yourself, and have been for the past 2 years or so, they have an extremely poor case, if they try to expulse you now. This would never be approved by the EU-court in my opinion, since it would be such a clear violation of the directive and all the ideas behind it.

So rest assured, that you are definitly on the right side of the law. And have frankly just run into some incompetent or ignorant idiots at Migrationsverket. I am sorry to say but my respect for this establishment has really taken a dive during the last few years. It used to be really friendly and efficient service, but that is only a distant memory now.

[purtaker]

fundiver199
first i must say that i really appreciate your help in this matter.
I talked to lawyer this morning and I do not expect a miracle from him.
according to him;I have lost my legal situation with the annulment of marriage ,that is why the migration bord will make a decision on expulsion and after decision we will able to complain about decision which can buy me some time.He also said,I should also apply for aslyum to legalize my situation,get a temproary work permit based on aslyum and find a job and apply again for residence permit based on work.i must admit this is a really bad idea especially when it comes from a lawyer who claims that he´d solved plenty cases like mine.Resident permit based on work has harsh rules in Sweden and it takes more than 4 years to convert it to permanent.
I almost forgot to mention about the key point on my situation.and again according to my lawyer:my situation of being illegal immigrant after the annulment of marriage basicly based on a law changes last year.and yes i forgot to ask "by whom".i wonder if such a lawchange ever took place?if it answer is yes then how can we find this law code or script(not sure how its called)on the other hand if is it a swedish law , does this law effect my situation?at this point i need some serious legal advices to guide my talented lawyer because i have no possibility to find another lawyer right now. lastly i did not get a penny from socialbidrag.
thank you in advance.

[skaanebo]

It seems your lawyer only knows about Swedish law and think you are in Sweden under Swedish law. But you are in Sweden under EU law and therefore it's an entirely different set of rules that apply to you. You need to make that clear to everyone involved.

[fundiver199]

Maybe you should just wait for Migrationsverket to make their decision and announce that decision to you in a written form. Migrationsverket will then need to justify their decision and explain, what the legal foundation for it is.

After that a lawyer or maybe just ÆUG councelling service, or maybe SOLVIT, can help you read and understand the decision and take the necessary steps thereafter.

As long as their is no written decision, its just a lot of bla bla bla and almost impossible to figure out, what is going on.

[fundiver199]

And why are you not able to find another lawyer? To me he sound so incompetent, that his help will be of very little if any help at all. Applying for asylum is already a completely braindead idea, when you already have an EU residence right and no reason to apply for asylum.

So please don`t waste any more time and money on him. Maybe he is just interested in the fees, he could collect from processing your useless asylum application.

[skaanebo]

I suppose the lawyer has been provided and paid for by the Swedish migration board as that is their practise when someone is in jeopardy to lose their right to reside in Sweden. Therefore you can't choose another lawyer paid by them but you can choose one paid by yourself if you have the means for it.

[fundiver199]

Ok that makes sence. Still I would not feel comfortable to lay my life in the hands of a lawyer, who suggested me to apply for asylum, when I had no asylum motive whatsoever.

[purtaker]

like @skånebo said ,my lawyer has been provided by the Swedish migration board.i do not know why but I still have hope that migration bord will make a logical decision and if they want to do it the hard way i must find a good lawyer and take it to the end.
thank you for your help and i will let you know how it goes.wish me luck

[xixioge]

I suppose the lawyer has been provided and paid for by the Swedish migration board as that is their practise when someone is in jeopardy to lose their right to reside in Sweden. Therefore you can't choose another lawyer paid by them but you can choose one paid by yourself if you have the means for it.

How I wish it was the same practise here in Denmark! It still baffles me how the Danish Immigration board has no problem kicking out people who have lived for more than five years in the country out of the system, especially when such people are no convicts, terrorists or criminals!!. Even their rights of appeal are virtually stripped off since they still have to be out of the country for the appeal to be treated i.e. in other words; 'guilty until proved innocent'

[purtaker]

Hi again,i need your help on a matter once again.as i mentioned early,according to the migration Board,i had lost my legal residence right when i got divorced,and also had lost my chance to keep this legal residence right since i was not working after divorce.I first began working one year after my divorce and got no socialbidrag at all.recently find it out this idea is based on a case law by eu-court of justice,i am not sure what it's called but i am pretty sure about the number of case law and its C-424-10 och 425-10
(Ziolkowski/Szeja) ,has anyone have any information about that and how can i get more of those law cases records from a specific category?
Thank you

[mh1]

Full text available here:
http://curia.europa.eu/juris/liste.jsf? ... anguage=en
http://eur-lex.europa.eu/LexUriServ/Lex ... 24:EN:HTML

Summary of both here: http://ec.europa.eu/dgs/legal_service/a ... 424_en.pdf

"In the first case, it suffices for the persons concerned to hold a valid identity card or passport. In the second, it is necessary to have a job or sufficient resources so as not to become an unreasonable burden on the social assistance system of the host Member State."

If you have had "sufficient resources", that is: savings or alimony from your ex-spouse, and did not receive social benefits (socialbidrag) from Sweden, you fulfill the conditions. Sweden cannot demand that you had a job.

[fundiver199]

But you might need to provide some kind of evidence, what you were living from during that 12 month, where you did not work. So they can see, it was not from some kind of illegal income.

[purtaker]

thank you for answers but the thing is how can i prove any income since i didnt work and i wanted to keep my savings old fashioned way?i mean there must be a logical way to explain it because its not a fortune we talking about?