3 years working/studying in 4 years and 4 months period???

[jerem9y]

I need your help, please.

In June 2013 I received a letter from Udlændingestyrelsen, saying that my Permanent Residence application was refused. the reason for the refusal is that I do not have enough working hours.

I handed in my application in the end of July 2012, as the application required, I have had worked/studied at least 3 years in the last 5 years period, e.g. from august 2007 to july 2012. to be sure that I have enough documentation to prove my working hours, 3 months after I handed in more payrolls for the months of July, August and September 2012.

On the refusal letter, they explained that " the last 5 years period" was counted from June 2008, so part of the documentation of working is "falder uden for perioden", so I only have 2 years and 7 months working/studying, which dosen't meet the requirement.

In the letter they didn't mention which date this 5 years period is counted to. I suppose it is counted to September 2012, becasue the documentation I handed in can prove my working /studying status in total 2 years and 7 months, from June 2008 to September 2012.

The period from June 2008 to september 2012 consists of only 4 years and 4 months.

If the 5 years period is counted from June 2008, then it should be counted to May 2013. After September 2012, I stopped submitting more documentation, so there is no documentation to prove my working status in the period of October 2012 to May 2013.

I stopped submitting more documentation after September 2012, because according to the application form, the applicant is not required to hand in documentation to prove his/her working status.

I have been working full time since I handed in my application. No metter how they count the 5 years period, I have always enough working hours in the last 5 years period. Is it not their responsibility to find out my work status? or do I have to keep on submitting more documentation to prove my work status, even after I handed in my application?

I have no idea why they counted in this way. I am considering to make a complain to Udlændingenævnet, but I was told that it takes at least 7 months to know the result, the waiting time is more or less the same as handing in a new application.

I have been waiting for 11 months to get this refusal result, I do not really hope to wait another year...

Any ideas?

Thanks in advance!!!!

[mh1]

How do you expect the US (Udlændingestyrelsen) to know whether you are working or not, if you do not tell them?

They do not have the right to check your work status, so unless you submit information about it they cannot know.

[jerem9y]

How do you expect the US (Udlændingestyrelsen) to know whether you are working or not, if you do not tell them?

They do not have the right to check your work status, so unless you submit information about it they cannot know.

Thank you for the reply.

the application form dose even not require to attach the documentation to prove working hours.

May I ask if I should make a complain and submit the missing documentation or just hand in a new application, which way is better timewise?

[fundiver199]

Please scan the decision and send it to our counselling email:

raadgivning@aegteskabudengraenser.dk

5 years mean 5 years and not "5 years less the processing time", so this decision definitly sound wrong.

[jerem9y]

Please scan the decision and send it to our counselling email:

raadgivning@aegteskabudengraenser.dk

5 years mean 5 years and not "5 years less the processing time", so this decision definitly sound wrong.

The scan of decision was sent. look forward to hearing from you. thanks.

[fundiver199]

This decision is definitly wrong and it looks much to me, like it has been made by a new employee, who was hired right out of law school, who hasn`t been properly trained, and whose work is apparently not being controlled by a more experienced employee.

Apparently this rookie employee has the idea, that occupation must be documented painstakingly month for month by the applicant by sending in payroll slips. But that is not the way, the system is set up by Udlændingestyrelsen to work. When filling out the application form, the applicant list the periods, where he/she has had full time work or part time work. But the applicant is not supposed to attach documentation for this. Instead the applicant sign the form on “tro og love”, and Udlændingestyrelsen take a reading from the income register to see, if the applicant has had income, which is compatible with the claimed periods of work. And only if there is a mismatch will the applicant be asked to send in documentation in the form of payroll slips.

This is also common sence, since it would be hugely inpractical and time consuming, if all applicants had to keep on sending new payroll slips to US every single month, as long as they are still processing the application. But rather unsurpricingly a young person hired right out of law school does not have such a thing as common sence.

Since this application has so very obviously been mishandled by a rookie employee, it might be worth a try to get Udlændingestyrelsen to withdraw their erroneous decision and resume processing of it. But if that is not possible, there is unfortunately no other solution than to file a complaint to Udlændingenævnet and wait another 7 month, while Udlændingenævnet process the complaint.

It is of course also possible to hand in a new application, but I do not recommend this, since it will leave the error of Udlændingestyrelsen uncorrected.

[mh1]

In my experience when there is such an obvious mistake, a letter to the authority's chief, pointing out the mistake will result in a re-evalutation of the application.

Ergo: write a letter to the chief of US asking for a re-evaluation.

[jerem9y]

Thank you all for your help and support.

"Fundiver199" has helped me to send an Email to Udlændingstyrelsen 4 weeks ago, to require a re-evaluation of the case. but so far I have not heard any respond from them.The deadline for submitting a complaint is getting very closed. After consideration I have decided to hand in a new application, which seems more realistic.

Thank you again.

[jerem9y]

I handed in a new application early August 2013 and today I received a letter from Udlændingestyrelsen saying that I am granted PR
Thanks for you help, fundiver199, and the others who help and support me.

[fundiver199]

Congratulations and how good to hear, that they did not take so long to process the new application. Maybe they realized their mistake and compensated a bit for it by giving your new application priority

[jerem9y]

Congratulations and how good to hear, that they did not take so long to process the new application. Maybe they realized their mistake and compensated a bit for it by giving your new application priority

I think the same. When I handed in the new application, I attached a letter saying that it was a mistake to rejected my former application.

Anyway, the darkest period is over. Good luck to you all that are waiting for the answer to applications.