Cancel an Appeal?

[soleilcamui]

I am an american that applied for family immigration to Norway and was denied. It was suggested by the lawyer that I appeal, which might buy me around 11 months to stay here with my husband and newborn daughter while they decide. If I had chosen to go home, it would have been the required 3 month period out and then return to redo the application. Now, we aren't very well off financially so we were hoping I could stay during the appeal to save some money should they tell me no at the end for a return home. Today I have recieved a letter of rejection to my request to stay during the appeal. I feel that this has blown up in my face! If I am understanding this correctly, then I have to return to the states for up to 11 months while the decide? Is there anyway to retract an appeal so that I can just leave for the 3 months and return on a tourist visa, repay and reapply? I really hope so because my little girl is only 7 months old and I dont want either her father (norwegian) or myself to have to be away from her for such a long time. If you have any idea on whether or not it is possible to retract an appeal without any strange results please let me know!

[86ti]

I do not know the answer to your question and I doubt that many here know Norwegian immigration law. Why was your application denied? Are you aware of the free movement directive (Directive 2004/38/EC)? I just mention this in case this would be a possible alternative for you.

[Directive/2004/38/EC]

What are the citizenships of your child? Is your husband just Norwegian?

Note that you can, as a family, move to any other EU member state and easily get residence. After your husband works for a while in another member state, you can also move back to Norway under the same European law.

[soleilcamui]

I do not know the answer to your question and I doubt that many here know Norwegian immigration law. Why was your application denied? Are you aware of the free movement directive (Directive 2004/38/EC)? I just mention this in case this would be a possible alternative for you.

Actually I was not aware of this. Would you mind explaining it in laymen’s terms? Im not sure I fully understand what it is saying.

My reason for denial takes a bit of explaining. I am married to my husband. We were married in Norway during my last tourist visa. I had just intended to return home but found out I was pregnant about two weeks before my visa was up. I went to UDI right away, only to find that they were closed for a week. We went right when they reopened and they explained the costs and information needed. Of course I dont tend to carry around my divorce papers and such so I had to wait quite some time to get that and the needed funds. They informed me that a late application is usually denied but the fact that I had a special situation and a child who would be born Norwegian should give me a huge chance of that being over looked. Well it WASNT over looked. Infact they told me that it was totally illegal that I even attempted to apply. There reason now for denying me stay during the appeal is also that it was never legal to begin with. So was my appeal even legal? Perhaps my appeal means nothing and I can just ask them to disregard my request. At this point I would rather go home for 3 months, come back and retry. But I feel like they are really going to stick it to me because I requested an appeal and force me to leave for almost a year.

What are the citizenships of your child? Is your husband just Norwegian?

Note that you can, as a family, move to any other EU member state and easily get residence. After your husband works for a while in another member state, you can also move back to Norway under the same European law.

My child was born in Norway thus Norwegian but I have called the embassy and found that she is also american (as I am) but should be registered as such.

[86ti]

This guide may be easier to read.

Free movement means that EEA/Swiss nationals can freely move and relocate within the EEA/Switzerland. This also includes their family members regardless of their nationalities. But, the family has to take up residence at a common place. There are no further requirements in the first three months except having valid ID and a proof of relationship. Beyond the initial period registration may be required (not so e.g. in the UK but probably in most other member states) and the EEA national must be exercising treaty rights, e.g. work, self-employment, studying (self-sufficiency is also possible but some member states put quite harsh conditions on that). On return those rights would be kept.

Obviously, that would mean that you would have to relocate all together to another member state (cross border working may be possible too but I am not sure). Maybe that's not an option for you but you may consider it at least as a plan B.