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Sweden denied visa to non-EU family members.

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mrworld9
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Sweden denied visa to non-EU family members.

Post by mrworld9 » Thu Mar 20, 2014 7:55 pm

Hello folks,

I am a British citizen and my wife and daughter applied for Schengen visa at the Swedish embassy in Nigeria but they were denied. They had applied as family members of EU citizen. The reason for refusal was that the embassy could not be convinced that my family would return to Nigeria after their stay in the Schengen territory. I did write the embassy several times citing the EU Directive 2004/38/EC and even copied the Swedish Migration Board and I was advised that my wife should send an appeal letter to the embassy in Nigeria. The official I spoke with on the phoned told me that on receiving the appeal, it would take a week to review it internally and decision could be overturned but if not, the appeal will be forwarded to the Migration Court in Goteborg and that could take up to a month. I have an email confirming the above statement.

My wife sent in the appeal last week and I was confident it wouldn't need to go to the Migration Court if they correctly applied the EU Directive. To my astonishment, I was informed earlier today on the phone that the reviewer had upheld the original decision and it will have to go to the Migration Court in Goteborg.

I am seeking advice from people on here as regards what further steps to take.

Is it appropriate to contact the Migration Court from the UK here or just leave them to conclude the appeal?

Could SOLVIT do anything about this case as it has gone to Migration Court already?

Can I take this up with the European Union Commission if the Migration Court does not overturn decision?

I am already thinking of getting them to apply to another Schengen visa as soon as possible so we can go on vacation.

What do you guys think please? I really will appreciate your input. Thank you.

the hurricane
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Re: Sweden denied visa to non-EU family members.

Post by the hurricane » Thu Mar 20, 2014 10:39 pm

I am sorry to hear about your wife’s refusal. Frankly, I am not surprised at all since most EU embassies are very skeptical about Nigerians in general, and with high volume of visa applicant s they usually don’t even read the case properly, they put all Nigerians in the same basket. All they know is using standard form where they just copy and paste, which annoys me. If returning back to Nigeria is the only motive then they are freighting the Directive 2004/38/EC, it would be useful if you could answer the following questions:
- The marriage and birth certificate that your family submitted for her visa application, did you legalize them by any of the EU embassies (e.g. UK or Sweden)?
If I were you I wouldn't even waste my time with appeal since it takes too long (just to discourage you), and applying at another Schengen country is also risky to get another refusal. Complain to the EU Commission can take up to 2 years. I think the best way to solve this is problem is by contacting Solvit, and explain them that the Swedish embassy has refused your family a short stay visa, which is in violation of article 5.2. Of Directive 2004/38 (a hint try to keep your emotion aside, Solvit is effective if you come up with facts and not opinion).
Good luck, and keep us posted!!

mrworld9
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Re: Sweden denied visa to non-EU family members.

Post by mrworld9 » Thu Mar 20, 2014 10:59 pm

@ by the hurricane...thanks for your comment. Its really unfortunate that people are being treated shabbily in Africa when it comes to visa issues, especially Nigerians as you noted.

Concerns about returning home after their stay in the Schengen territory is the only explicit reason given by the visa officer which is utter rubbish. I had thought the appeal would be reviewed internally with no problem if they had missed the premise of the application originally but it seems they just never wanted to hear or apply the EU Directive.

To answer your other question, the marriage certificate was not legalized as it was not a requirement by any means. I am always very diligent when it comes to processes and procedures but I was not surprised after reading so many displeasing stories on here regarding the treatment being meted out to third nation citizens.

I have already written to SOLVIT and I hope they can be of help. I had problem filling the contact details of the erring organisation on their website as Nigeria is not in the list of the EU countries. I just filled in Sweden and explained my experience in the text box. I have attached the refusal notice and the letter of appeal that my wife sent. Hopefully those will suffice. I have also written to the Swedish Migration Board in Sweden again and waiting to hear what they say on this.

treena.oakley
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Re: Sweden denied visa to non-EU family members.

Post by treena.oakley » Sun Mar 23, 2014 1:18 pm

Sorry about this situation. SOLVIT was of very little help to me as Migrationsverket was steadfast on their decision, even though they had broken a few EU laws in the rejection. I wish you the best of luck.

Obviously you have a case since Article 5.2 and 5.4 of the Directive cover this explicitly. Would it help if you had a return tickets available? It shouldn't be required (I think it's clear that what should be and what happens are horribly out of sync here) and it could help your case if you have proof they have a ticket home?

mrworld9
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Re: Sweden denied visa to non-EU family members.

Post by mrworld9 » Sun Mar 23, 2014 3:51 pm

Thank you Treena. I am hoping that SOLVIT will be able to help. I have already mentioned to SOLVIT that I am willing to buy their return tickets immediately if it becomes necessary to aid their decision. I was waiting for them to get visas as most tickets are non refundable and it would cost me over $2000 to buy their return tickets. I have already sent my confirmed air ticket to SOLVIT. The embassy could as well have requested for it to allay their doubts.

@ Treena, did you appeal their decision? what steps did u take besides contacting SOLVIT? I am already thinking of contacting the Migration Court to request for hearing. I read on their website that either party can request for hearing.

the hurricane
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Re: Sweden denied visa to non-EU family members.

Post by the hurricane » Sun Mar 23, 2014 9:03 pm

@mrworld9 I don't really agree with Treena, because it literally states in the directive 2004 " The right of entry of your third country family members is derived from their family ties with you, a Union citizen. All the Member State consular officials can ask for is their passport and a document establishing their family ties with you, such as marriage or birth certificate and proof of dependence, where applicable. Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistenceor a medical certificate". I am confident that Solvit will help you out.

Though, I'd like to remind you that whatever you do it should be based on the EU law and not national law. I don't see any reason why you want to waste $2000 as your family is entitled to stay in all the member states up to 3 months without any additional requirements. The only thing that you need to show is a proof that you and your family are indeed intending to visit Sweden ( the proof can be any hotel reservation, flight ticket, insurance, etc...). I think with Solvit you gotta be patient, and if they can't do anything for you , I'd highly recommend you to lodge a complaint at the European Commission ( it takes long but it is more effective than national migration court). Good luck

treena.oakley
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Re: Sweden denied visa to non-EU family members.

Post by treena.oakley » Tue Mar 25, 2014 11:33 am

I normally wouldn't agree with the my suggestion either (since the directive is very clear, as you say); it's a quick solution to a current problem (if time is important) and offering up tickets now doesn't mean that they cannot challenge or contest this rejection later. It won't affect their visa application if they do it later, but it may set precedent at that particular embassy or with the Migration Board for others. Of course if time isn't an issue, then I say wait for SOLVIT/the appeal and t'hell with Migration Board.

The reality is, Mrworld doesn't know the exact reasoning for why the rejection happened in the first place (except that they cannot be certain that his family would leave. But what would suggest this to them other than ridiculous bias towards country of origin). If they have legitimate grounds (highly doubtful) then they could be basing this rejection on the grounds of "public policy." In which case producing a return plane ticket would relieve those grounds and remove all obstacles for getting a visa issued.

mrworld9
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Re: Sweden denied visa to non-EU family members.

Post by mrworld9 » Tue Mar 25, 2014 7:23 pm

Thanks a lot folks, I have the case in the hands of SOLVIT already but I am not sure they can perform any magic. I was told the case is lodged and I should wait for update. I am hoping the appeal judge will deem it fit to apply the EU Directive correctly. Otherwise, I am ready to pursue the case to any length no matter how long it takes. The level of discrimination is just ridiculous. I will keep you guys up to date as event unfolds.

mrworld9
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Re: Sweden denied visa to non-EU family members.

Post by mrworld9 » Thu Mar 27, 2014 6:30 pm

Hi folks,

This is the e-mail I got today from the Migration Court in Goteborg .

" The visa case has been closed in The Migration Court today with decision to send it back for handling by/to The Swedish Embassy in Abuja"

If my interpretation is right, I would think that they have granted the appeal but you never can be sure of anything these days. I am waiting to hear from the Swedish Embassy next week, hopefully.

What do you guys think? I will keep you posted.

treena.oakley
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Re: Sweden denied visa to non-EU family members.

Post by treena.oakley » Fri Mar 28, 2014 11:26 am

That sounds like good news if they're sending it back to the embassy. Hopefully with them kicking it back to the embassy, maybe they'll get it right this time. Good luck!

the hurricane
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Re: Sweden denied visa to non-EU family members.

Post by the hurricane » Fri Mar 28, 2014 4:23 pm

Well I'd say do not declare victory before its time because sending the decision to the embassy doesn't mean that they have overturned their initial decision. Owing to the fact that your residence is not in Sweden, the decision ( positive or negative) is usually sent to the embassy to hand it out to the applicant. Of course I'm hoping for the best but as you said u never know with these people.

Anyway keep us posted!!!

bushra77
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Re: Sweden denied visa to non-EU family members.

Post by bushra77 » Tue Apr 01, 2014 7:09 pm

Any update from embassy ? Did they grant you visa .
I am in same situation as your,s.
That was very quick decision by swedish court,
My husband appeal was submitted on 13/3/2014 but we have not heard anything yet.
Can any member advice me that how long courts in sweden takes to hear the case or give decision on appeals
Thanks

mrworld9
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Re: Sweden denied visa to non-EU family members.

Post by mrworld9 » Mon Apr 14, 2014 10:57 am

Hi guys,

Finally, we arrived in Sweden on Saturday after a successful appeal at the Migration Court in Sweden. We sent the appeal on Friday 20th March and fortunately, we got a favourable decision on the 27th of March and the application was sent back to the embassy to take corrective action. I kept calling the embassy in Abuja on a daily basis but they kept telling me they hadn't received any decision from the Migration Court for over a week even though I had a scanned copy of the decision. My wife finally got a call on Monday 7th April that their appeal has been granted and she should submit their passports immediately for visa issuance. Visas were issued the same day and we left NIgeria on Friday evening. We are here and enjoying our vacation even though they set us back by a full week.

@ bushra77, where did your husband apply from? You need to keep up the pressure on them otherwise, you don't get anywhere. I had to write and even call the Migration Court regularly for update. We were fortunate because the Migration Court emailed me their decision immediately and my wife who was the appellant never got any correspondence. Otherwise, we would never have been aware that the case was already closed. I would advice you contact the Migration Court and the Swedish Migration Board as well. The Migration Court will ask you for a case number which you don't have but you can give them your husband's name and DOB. Hopefully that will help. Best of luck.

I really want to thank everyone who has helped in one way or the other. Treena and bythehurricane in particular. Thanks a million, guys. Cheers.

billsa
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Re: Sweden denied visa to non-EU family members.

Post by billsa » Tue May 27, 2014 8:25 pm

Thats very nice to hear mr world!

I just read ur post and i am in same mess can i get number and contacts of migration court so that i can contact them!

thanx

billsa
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Re: Sweden denied visa to non-EU family members.

Post by billsa » Wed May 28, 2014 8:10 am

@ bushra did u got any decision uptill now?

mrworld9
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Re: Sweden denied visa to non-EU family members.

Post by mrworld9 » Sun Jun 01, 2014 9:59 pm

@billsa, here is the contact number for the Migration Court, Gothenburg; +46 317327000. You need to make sure your appeal is lodged with the court before you contact them. Try and call the embassy first to give you an update on the appeal. I hope everything goes well for you. Cheers

mormor67
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Re: Sweden denied visa to non-EU family members.

Post by mormor67 » Sun Nov 09, 2014 10:03 am

Hi all,

I just had to register after finding this post, as I find myself in a similar situation.
My situation though is that I have only just come back from Abuja this morning, and I want to get the appeal process going asap.

I applied for a visa for my grandmother who I want to come spend christmas with me and i intended bringing her back with me if the visa was granted, i provided all the neccessary documents and travel insurance needed and in my mind the interview went very well, only to get the shock of my life when she was denied an entry visa based on article 21 (which to be honest i don't know anything about but will have to read up on). the reason they have stated for not granting the visa is that they do not think my grandmother would leave Sweden after her visit...my grandmother nor I do not intend for her to stay here at all, she is set in her ways and leaves very comfortably in Nigeria, why would I want to subject her to cold, darkness and loneliness which would be what her fate will be if she stays here, she has grown up children and grandchildren who caters to her every need, so I want to appeal against the decision but I don't know where to start.

Could someone point me on the right direction? @Mrworld9 i am gonna PM you please.

Thanks alot

Mormor

timmy2a
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Re: Sweden denied visa to non-EU family members.

Post by timmy2a » Mon Nov 17, 2014 3:43 pm

@ mormor67, I found myself in the same situation as your grandmother. I recently applied for a study visa to Sweden for a 6week course. after filling the online application and attended the interview in Abuja, I thought everything went well until I received my passport with a refusal letter based on article 21 that the embassy is not convinced that I would leave the Schengen area after the expiration of my visa. also they stated that I am not married, I don't have kids and I am not employed. may I say here that I intended to take a training course in Sweden that would qualify me for a job I already applied for in Nigeria. this training does not give me a bases to apply for a job in Europe.
The appeal process to say the least was a waste of my time and energy. I had to call the embassy in Abuja to constantly check on proceedings and my appeal was later sent to the court in Goteborg. I called the court after several weeks and a lady simply told me the court could not reverse the decision without telling me any reason for that. I also expected that the court would have sent their decision to my mail or posted to my address.
My point is that the appeal is simply a waste of time. I would advise you to reapply for the visa if you have the means and back it up with more documents.

skypicksteeboy
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Citizenship for non EU residence in Sweden

Post by skypicksteeboy » Wed Jan 28, 2015 7:22 pm

hello,
i am ramesh. living in italy about 8 years, just recently got my EU long term residence permit. Honestly i wanted to move in sweden. But if i convert my italian long term residence in to swedish long term resedence, How long do i need for citizenship of sweden?
Advance thanks.

skypicksteeboy
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Re: Sweden denied visa to non-EU family members.

Post by skypicksteeboy » Wed Jan 28, 2015 7:31 pm

hello,
i am ramesh. living in italy about 8 years, just recently got my EU long term residence permit. Honestly i wanted to move in sweden. But if i convert my italian long term residence in to swedish long term resedence, How long do i need for citizenship of sweden?
Advance thanks.

asallili
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Re: Sweden denied visa to non-EU family members.

Post by asallili » Fri May 08, 2015 7:55 am

Hi all,
I am a Swedish citizen and I am going to marry on July, I have invited my family from Iran to attend my wedding party. My mother and step-father got their visa but my only brother did not get the visa to be able to attend my wedding. This broke our heart since my brother and I are very very close to each other and he was supposed to be a groomsman in our wedding. The reason that the Swedish embassy of Teheran denied my brother's visa is "your intention to leave the territory of the Member States before the expiry of the visa could not be ascertained". My brother is 39 years old, not married but has a girlfriend and also owns an apartment in Iran and he is also self-employed. I have leaved in Sweden for more than 6 years and he has never been interested to visit Sweden since I go to Iran every year and we visit there. His only intention to visit Sweden is to attend my wedding. We did not translate and did not submit the ownership of his apartment when we applied for his visa online but he had the original document when he was interviewed at the embassy but they did not take the document. The embassy also said that a private person put large amount of money to my brother’s bank account, as I said my brother is self-employed, he does not have a company but he co-operates with his friend’s company and based on their agreement he gets his salary from a private person not the company’s account.
I am searching for any suggestions that help us to appeal or re-apply. I want my brother in my wedding party. I really really appreciate if you can give me any piece of advice!!
Thanks all

syomfa
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Re: Sweden denied visa to non-EU family members.

Post by syomfa » Sat Nov 07, 2015 11:06 am

Hello mrworld9 and others,

When an EU Citizen's family member's visa is reject at Embassy, then appeal in reject at Embassy, and then you go to court for appeal in the relevant country:

1) Does that appeal have to be sent via a lawyer? or can you just send it
yourself?

2) What language must be used?



@mrworld9:

Is it correct that you wanted to go to Sweden only for a visit? and you were not a resident there?

Thank you all

vinny
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Re: Sweden denied visa to non-EU family members.

Post by vinny » Sat Nov 07, 2015 12:02 pm

A Swedish national cannot exercise treaty rights in Sweden, unless Surinder Singh applies.

A British citizen may treaty rights in Sweden, even for a visit, as there is an initial right of residence for three months. Family members have the same rights.

If the British citizen is exercising treaty rights for longer than three months, then there is an extended right of residence. Then there is no requirement for the family member to depart Sweden.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Re: Sweden denied visa to non-EU family members.

Post by secret.simon » Mon Nov 09, 2015 9:51 pm

Even if Surinder Singh were to apply in asallili's case (which is not certain), brothers are not family members under EU law, but extended family members. And different rules apply. While family members can not be refused visas under EU law, EU law only requires EEA countries to "facilitate" (national) visas for extended family members. They do not get the whole paraphernalia of protection that family members (basically, spouse, children and dependent parents/grand-parents) get.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

syomfa
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Re: Sweden denied visa to non-EU family members.

Post by syomfa » Tue Nov 10, 2015 7:39 am

you will definitely wait a few years longer than in Italy - because Citizenship requires you to pay certain amount of tax in the country and live there for a certain number of years.

You will be better off first getting the Italian one, and then relocate.

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