Wednesday, November 25, 2015

(Important Update on 12 February 2016): The Swedish Sambo Visa in 2015 Part 8: Explaining the "New Immigration Rules"

NOTE (12  February 2016): For information on the pending "Maintenance Requirement" rules, please kindly navigate to my Swedish Sambo Visa Part 10: The Sambo Manual post , and scroll to Part E. Maintenance Requirements. In that post, you will find all the latest information I could gather on the impending Maintenance Requirements, as well as links to the official governmental proposal and press release which seem to indicate that all sambo applications submitted BEFORE 31 May 2016 will be EXEMPT from the new rules.

Please bear in mind that as of the date of this update, this is still a proposal.  It needs to be discussed, decided upon, and then implemented.  Anything could change.  So, please check back for more information, and still consider to weigh your options just in case the law turns out to affect some cases retroactively.
************************

On 24 November 2015, the Swedish parliament ("Riksdag") convened for a press conference. Therein, Prime Minister Stefan Löfven [Social Democrats / Socialdemokraterna ("S")] and Green Party [Miljöpartiet / ("MP")] co-leader Åsa Romson announced notable updates to the asylum seeking procedures in Sweden.  It was an "historic" day in terms of the controls and limitations they have realized are the only way to save the country from collapse.

The rules do not just affect asylum seekers, but also all relationship applications (like us sambo applicants) as well. Sweden's government homepage (http://www.regeringen.se) has an outline article generalizing the measures. The English version can be found here; the Swedish version (including video of the press conference) can be found here.

In addition, a very brief press release about these measures has been published on MV's website here.  Pay particular attention to the last 2 paragraphs of that article.

First, let's define the terms:
  1. A Refugee is someone who has reason to fear persecution based on race, gender, religious or political beliefs, nationality, sexual orientation or affiliation with social groups by authorities in their country.  More definitions here.
  2. A person deemed to be requiring "Subsidiary Protection" is someone who is facing an imminent death sentence, inhumane or degrading torture, or a civilian facing true threats from armed conflict.  More definitions here.
  3. Those in need of "Other Protection" are defined only in a Swedish amendment in the Swedish Alien's Act; it is nowhere in the EU charter or UN conventions. It is designated for individuals who cannot return home for reasons such as a natural disaster or because of serious armed conflict or opposition in their home country, or who have a well-founded fear of being subjected to "serious violation".  More definitions here.
Changes to Sweden's Approach to Asylum Seekers
As we all recall (and is detailed in my Sambo Visa Part 7a), at the beginning of November 2015, Sweden began to show cracks in it's otherwise solid stance on allowing all refugees in.  It appealed to the EU for support in reallocating some refugees to other EU countries.  The next day, it announced it would be imposing border controls.  A few days later, it declared it could no longer guarantee housing for refugees.  Only a couple weeks after Löfven appealed to the EU for assistance, the first sets of refugees slept on the street during the start of Sweden's long, dark winter.

This still did not curb the numbers coming through enough, though.  Sweden has clearly sent out an SOS now, by declaring it is no longer able to help.  So, the first stages of what will likely lead to Sweden closing it's borders and upholding the Dublin Regulation (whereby forcing asylees to return to the first EU country they landed in to seek asylum and potential subsequent resettlement elsewhere, per EU rules) have now been set forth. 
"The Government...wants to temporarily adjust the asylum regulations to the minimum level in the EU so that more people choose to seek asylum in other EU countries."  
The measures enacted on 24 November 2015 are as follows.  Note that these provisions are "temporary" and will be in place for the next 3 years, upon which a review of the policies will come due, and changes to the policies will be discussed at that time.  All items listed below will be retroactively applied to all refugees currently in the queue; not just those who apply henceforth.
  1. Refugees Who Fall Under "Otherwise Needs Protection" Are No Longer Accepted
    • Old Rule:
      • Those who did not qualify as true Refugees or in need of Subsidiary Protection, would often times be permitted to stay under the definition in the Swedish Alien's Act of Otherwise Needing Protection.
    • New Rule:
      • Those declared to fall under this category will be rejected and sent home.
    • Exceptions:
      • Those who do not qualify as Refugees or in need of Subsidiary Protection, and are not allowed to stay as someone Otherwise Needing Protection, can in very extreme cases be provided temporary residence for "exceptionally/particularly distressing circumstances."
  2. Temporary Residence Permits
    • Old Rule:
      • The previous protocol was to immediately grant permanent residency to all approved refugees.  This law was put into place in 2013. This, to allow them the security of carrying on with a new life.
    • New Rule:
      • As of 24 November 2015 and reaching back retroactively to all refugees in the queue, only temporary residency will be granted "except for quota refugees"
        • Sweden accepts a 1,900-person quota of refugees each year.  Those who are granted status in that quota are given permanent residency.  More on quota refugees can be read about here.
        • Refugees will now be given 3-year temporary residence permits, with the right to request an extension.  If the extension is approved, the next permit will in most cases also be temporary.
        • Those who are being granted Subsidiary Protection will be given a one year temporary residence permit. If the extension is approved, the next permit will in most cases also be temporary.
    • Exceptions to the Rule:
      • Exceptions to the temporary residence permit law will be for children and their families who applied before 24 November 2015, and are still currently in Sweden. The law will only apply, however, if the children are under 18 years of age at the time of the decision.  Those applying after 24 November 2015 will not qualify for this provision.
      • A refugee may receive permanent residency after 3 years when they apply for an extension if they have stable income sufficient to support themselves.
  3. Limited Rights to Family Reunification
    • Old Rule:
      • Upon receiving approval of refugee status and receiving permanent residency, refugees could apply for extended family (aunts, uncles, grandparents) to join them in Sweden.
    • New Rule:
      • Only the immediate, nuclear family of a Refugee can apply for reunification.  This includes spouses (but only if both husband and wife are aged 21 or over), children, and parents (if the child is under 18 years of age).
      • Those who receive Subsidiary Protection will have no rights to family reunification.
  4. Medical Assessments to Determine the Age of A Minor Will Be Conducted
    • Old Rule:
      • This was always written into the rules as an option; Sweden has always just elected not to exercise it.  
    • New Rule:
      • With the influx of "minors" who have lost their papers, or who have papers that cannot be verified, and/or if the age claimed is called into question, Sweden will now conduct medical exams to verify the age claimed.  This is conducted by examining various growth plates and dental records (wisdom molars) to determine the age of the individual.  This is how cadavers are also aged at crime scenes.  The science is of course not exact, but precise enough within reason.
  5. ID Checks Will Be Performed On All Modes of Transportation Into Sweden
    • Old Rule:
      • Sweden had open borders, and no policed control of transportation by ferry, bus, train or car into the country.  It was assumed that however the individual entered the Schengen region was already verified as having permission to enter (except for those arriving by plane into Sweden, who had to go through standard border control procedures)
    • New Rule:
      • There will now be ID checks for all means of entering Sweden.  Those without valid paperwork will not be allowed to enter.
Changes to Sweden's Approach to ALL FAMILY REUNIFICATION
The following singular rule, which was part of the 24 November 2015 Immigration Reform presented, will affect all applications submitted after 31 May 2016.

This law applies to refugees, as well as any partner seeking to reunite with their spouse, child, boyfriend/girlfriend or family in Sweden. The individual in Sweden is now being referred to as "the Sponsor".

The Swedish text from the 24 November 2015 press conference is as follows:
"Ett försörjningskrav ska gälla vid all anhöriginvandring utom när flyktingar ansöker om familjeåterförening under de tre första månaderna efter att flyktingstatus beviljats. Försörjningskravet ska utvidgas till att omfatta även ett krav på att anknytningspersonen ska kunna försörja familjemedlemmen som kommer hit."
And in English:
"A maintenance requirement shall apply to all family immigration except for refugees applying for family reunification in the first three months after the grant of refugee status. The maintenance requirement will be extended to include a requirement that the sponsor must be able to support the family member who comes here."
Changes to Sweden's Approach to Family Reunification with regard to Maintenance Requirements:
    • Old Rule:
      • Prior to the new protocol, only certain individuals were required to meet "Maintenance Requirements" to bring their partner or child into the country.  Maintenance Requirements include proving sufficient funds for the entire duration of the partner's stay, comprehensive health insurance, sufficient and proven living accommodations, and other requirements.
        • Persons subject to these requirements used to be limited to students coming into Sweden to study; immediate family members (spouses and children) of individuals studying or working in Sweden; EU citizens exercising their Right of Residence; EU or non-EU spouses/children of EU-citizens in Sweden on a valid work or study permit.
    • New Rule:
      • ALL PERSONS IN SWEDEN (including Refugees*, Permanent Residents, and Swedish Citizens) must now meet the Maintenance Requirements to prove they can support their partners/children coming into Sweden.
        • *Note that, as previously mentioned, individuals granted Subsidiary Protection will not be allowed to bring their family into Sweden.
        • *Refugees are exempt of this provision only if they apply for family reunification within the first 3 months after receiving their temporary residence permit.  They would be limited to only their nuclear family, and of course must provide sufficient evidence of the relationship(s).  Anytime after 3 months, they will be subjected to the maintenance requirement

How much will "Maintenance Requirements"be?

Short answer: We don't know yet.  But we can get an idea of how much MV requires of other types of applicants in other scenarios, and assume it will be the same for us.

First, there is the list of requirements on the family reunification page of MV's website for people who already need to prove they can support their loved one.  Read more about the requirements here.

Secondly (and probably the best barometer), we can look at students.  For a non-EU student, they need to be able to prove they have 8,010 SEK for each month of study.  If they want to bring a spouse, they need to have an additional 3,500 SEK to support them.  And then for each child the couple has, they need to prove they have an additional 2,100 SEK per child.  For just the student and their partner, they would need to prove funds of 11,510 (approx. $1350 USD as of 1 January 2016 FX rates) for the two of them, combined.   (in case they get updated over the years).  As of 1 January 2016, here is a screenshot of it:



Note the portion that says that you cannot have a parent or relative or "sponsor" assist you with funds; you must be able to prove you have them for yourself.  Now, a way around this is if a family member gifts you with money and puts it into your bank account, and they don't have access to that account.  That is sufficient enough to prove it is now your money, I should think.

Secondly, there is the possibility that if the non-EU partner has "sufficient funds" to support themselves when they move, such as a job or a large savings account, it exempts their partner from having to prove full-time employment.  While we do not know the parameters for that yet, we can get a good idea by looking the above-image and treat the non-EU partner as if they were a Swede.  Since TUT lasts 2 years, we would perhaps treat it as 22 months x 8,010 SEK per month = 176,220 SEK (~$21,000 USD) in the bank account.  However, I don't know how this would multiply out for those who come in on PUT (for example, people who can prove they have lived with their partners for over 2 years and thus get immediate permanent residency, not just 2-year temporary).

It is still unknown if this maintenance requirement also includes proving you have your own health care.
Other benefits to keep an eye on are the right to study for free on a temporary UT, and access to CSN after PUT is achieved.

23 comments:

  1. Has this proposal actually been passed? Please say 'No'? I haven't been able to find any news apart from what's posted on regeringen.se :((((

    ReplyDelete
    Replies
    1. Hi Unknown!

      No, it has not officially passed yet -- that is why you cannot find anything official online, and why MV's website still officially says that Swedish citizens are exempt from meeting maintnenance requirements yet.

      The law is supposed to pass on 1 April 2016 (if I understand correctly), and then will go into place on 29 April 2016. So, any cases still in the queue on 29 April 2016 -- according to the current proposition -- will be affected retroactively. For those who receive a decision between now and 28 April 2016 will not have to meet the requirements.

      So, we still don't know 100% what this will look like. It very well could be that they decide to put it into place but agree NOT to let the rules affect cases already in the queue. Let's hope that's the case, because it's a win-win and seems fair for everyone involved. But I feel like I can almost guarantee with 99.999999% conviction that the law WILL pass, because it's not a new law -- they are just now expanding it to include Swedish citizens in an unbiased fashion. And since the country will now be facing horrific economic consequences of mass migration, they are looking to cut costs in every way they can now. :/

      Delete
    2. At the end of the day though, if you think your case will be affected by the rules and you don't think you will have a decision by 29 April 2016, try with all your might to do what you can to get you/your partner into a position of meeting the requirements so you don't have to worry! <3

      Delete
    3. Thanks so much for your reply! I have yet to apply actually, but will do so within the next couple of weeks. I am slightly worried because my boyfriend is still a student. He gets CSN of 9,000SEK a month which covers his personal living expenses and he would have enough savings if it were to "cost" him 3,500SEK a month to support me (according to current maintenance requirements). However, I wonder if they will take CSN into consideration as it is a rolling income rather than just a lump sum sitting in his bank account?!

      The whole visa process is terribly worrying. At the moment, I am serving a contract with my employer and the only way out is to get a 2 year no-pay study leave, which means I'd need this sambo visa to be approved before 1 June 2017 to be exempted from tuition fees for a Master's programme in Sweden. (Provided of course I slay the GMAT and get a spot at a Swedish University!)

      If you have any advice at all with regards to my situation, I would really appreciate it!

      Delete
    4. Ok - so, of course, this is all conjecture. But from what it appears like *right now*, it does NOT appear that MV will accept CSN as a means of support. They do not accept it for others subjected to maintenance requirements (instead, A-Kassa, pension benefits and sick benefits are allowed). However, I am not fully confident to say they won't tweak the rules... somehow, I just can't see them going "balls to the walls" and denying students who have been in the queue now for over 9 months, the ability to use that income to help support their family when it was still legal at the time they applied. The only thing that makes me worry about it, is that future applicants who cannot meet the requirements may "artifically" go to school, or prolong their studies, or perpetually fail, so as to continue to receive CSN to help support getting their family in. We have seen this in other capacities in Sweden, so it depends on how tight the government is going to treat the economic situation.

      Again though - this is all just my own theories and ideas. The thing that sucks is that we just won't know until they tell us, and the longer they wait, the more jeopardized people become because they don't know how to prepare. It makes me so mad.

      In any event, as you are new to the whole process, I want to welcome you to a couple other support communities we have going on Facebook if you're on that site and wanting the support of the larger community. You are about to embark on a gruesome process, and having others alongside you can be SO helpful. There is the Swedish-speaking one (they read/respond to English posts as well, and it's a good way to practice Swedish, even if you are fluent!) -- here is the link: https://www.facebook.com/groups/607552706053504/

      I also run an English-speaking group - we are very small and the group is "secret", so if you'd like to join, shoot me an email at uppehallstillstandstodgrupp@gmail.com and I'll send you a link to join :)

      Just options!

      Delete
    5. Oh snap - I just read the second part of your message ;) Currently, the wait times are running at 13.5-14 months from start to finish in this visa process. If *nothing* else changes between now and then, if you were to apply today, you could expect your visa by March 2017.

      MV continues to say that they are digitizing their system further and that wait times should go down. However, all of 2015 was one giant fail for their "digitized system", and now it is a total mess. They thought back in April 2015 than wait times would average 4-9 months... but today, there are people who have waited 11 months and haven't even received an invitation to do their interview at the embassy. MV has also shown that they have substantially failed at their forecasts for the system, the number of applicants, etc. In addition, you will want to apply ASAP so that you don't get caught up in the tens of thousands of additional family reunification applications that all the newly accepted refugees will be filing. They will legally only have 3 months after receiving UT to file an application to be reunited with their family if they want to escape meeting maintenance requirements, so the queue in 2016 should be expected to double.

      I know none of this is good news to hear, and we won't know what it will look like until the avalanche starts, but it is extremely important to take the immigration climate into consideration when you decide what permit to file for.

      Your other (perhaps more predictable?) option is to simply pass the GMAT and then apply for university in Sweden as a student. It is an entirely different process, and requires you only to be able to pay for tuition and prove support for yourself. I *believe* Fannie Mae and Freddie Mac offer international student loans if you don't already have the funds (I am assuming you're American?? Sorry if I'm wrong! Haha). Once you're in Sweden, do your studies, and just before your study permit expires, apply for a sambo permit (assuming you are still with your partner). It is an extremely shorter and more predictable wait than trying to go into school on a Sambo permit!!

      Delete
    6. Shoot me an email if you'd like, if you have any other questions - it might be easier to discuss there :)

      Delete
  2. Hi Meg
    We had applied Sambo visa last year 19 of November. My fear is it might be cater in 2017. How strange I'm I exaggerated?..

    ReplyDelete
    Replies
    1. Hi Terai -

      I think that it could be likely that you do not receive a decision until 2017, but it is hard to tell.

      For the past 6 months, decisions have been delivered to applicants after waiting 13-14 months (the average is 13.5 months of wait time, but some receive the decision in 12 months, and some seem to have to wait for 15-16 months).

      If *nothing* changes in the process, you could expect to receive your decision around January 2017.

      However, there are a couple things that could influence how long people who applied when you did, will wait. First of all, MV continues to hire and train more people. It takes time for them to be trained, so I'd say in 6 months, MV should have some more employees who are trained and capable of helping judge on cases. This could make the queue go quicker in the future.

      Another thing that could speed it up is if MV finds a way to make their digital system more efficient. But I don't think that will help more than to maybe decrease the average wait time by 4-6 weeks; what MV needs are employees who are senior enough to be able to be case officers, and that takes time and experience.

      Two things that currently could make the wait time potentially longer for those who applied when you did, are the migration crisis. Yes, the numbers are going down, but it is also winter. If more refugees come in the spring, that will continue to keep MV case officers focused on asylum cases, and not other types of permits that are "less important" to them. Also, MV has about 200,000+ refugee cases already in the queue, which will take years to sort through and investigate properly, so that is not going to be a problem that resolves itself overnight.

      The most critical problem will be when those refugees receive their permits, and have only 3 months to file their own sambo and family reunification permits to reunite with their family members and children. While asylum applications go into a different queue than ours, their family reunification permits WILL go into the same queue as ours. For applicants who applied toward the end of last year, the queue was not only impacted with a ton of regular relationship permits, but also many of the new refugee permits to reunite with their family.

      It will be difficult to tell what will make the queue go faster or shorter, however here is a prognosis report published by MV where they forecast how many cases they think will be in the queue in the coming years. You can see that the way they forecast it, the number of refugee family reunification permits "won't get bad" until 2017 - which might mean your case is in a good position to not be affected too badly by it! Here is the link -- Have your partner in Sweden read pages 38-39, particularly. I will be writing a post digesting this information in English, next month. http://www.migrationsverket.se/download/18.23e76fe91505855cf767e4/1445526069526/Migrationsverkets+oktoberprognos+2015+P5-15.pdf

      I don't say any of this to discourage you!! I think the most important and helpful thing for me has been to be realistic about this process, and to stay focused on the bigger picture... otherwise, the grueling daily wait can drive you insane. It will end soon enough, and you and your partner will soon be able to put this all behind you!

      Delete
    2. Hi Meg,I have been waiting for almost 16 months now. We have applied sambo last February 26,2016, util now nothing heard from migrations. My boyfriend keep on calling them. Please any suggestions on what to do?

      Delete
  3. Hi Megan,

    Have read a few of your blog posts (got the link from the Local), it's great to see how informative and useful your blog posts are for current/future Sambo applicants (came here to Sweden on a Work Permit but have friends who moved here on Sambo visas)

    Hope you get your interview soon!

    Cheers,
    Nicola

    ReplyDelete
  4. Hi, Megan! (I'm here, on The Local and on the group, I'm everywhere basically hahaha)
    I read about this law yesterday and me and my fiancé won't have a problem with the job part, since he has a full time job. But, he current shares an two bedroom apartment with a friend (we'll look for out place together after I get my visa). He came up with an idea in order to not get in the way of our original plan, he said he could put his address at his father, who lives in a 6 bedroom house in the same city where we're going to live. Do you think it's a safe plan? (I know it's all about "guessing" by now, but I'd like to know your insight about it)

    ReplyDelete
    Replies
    1. Hi Deborah! I don't think your fiance will have to do that, necessarily. Is it just he and his friend living in that apartment? If so, then you 3 can all live there together, assuming the friend has one bedroom, and you and your fiance have the other :)

      Now, if more than just the 2 of them currently live there, yes, you may want to look for another arrangement. The idea is that where ever you live, there needs to be at least one bedroom just for you and him, plus a living room, a kitchen, etc. I think even if his friend had a partner sleeping in the same room as him, that would even still be ok.

      But anyway, it should be totally fine to list that he lives at home (from what I've read, at least!) :)

      Delete
  5. This comment has been removed by the author.

    ReplyDelete
  6. Hi Meg.
    Is it possible to apply a tourist visa while waiting for our Sambo visa? From Philippines.

    ReplyDelete
  7. is any news about the new immgration law?

    ReplyDelete
  8. Hi, Meg.

    You mentioned:
    "For just the student and their partner, they would need to prove funds of 11,510 SEK (approx. $1350 USD as of 1 January 2016 FX rates) for the two of them, combined."

    First of all, I didn't see that statement in the Migrationsverket link. So I'm confused.
    And, my partner is Swedish citizen, I'm the foreigner one. We both are Master's students.
    So, does this rule apply for us?
    (If possible, please see my question posted on the Group few hours ago. I explained in detail about our case. Any info based on our situations would be such a great help.)

    Thank you.

    ReplyDelete
    Replies
    1. Hi Akano! That is for when the student (non-EU) wants to bring in a family member (also non-EU). In your case, you are a single non-EU individual who will not be bringing a family member with them into Sweden. It is just you coming into the country as a student, so you would only have to prove maintenance requirements for yourself :) You can read more about it on MV's website here: http://www.migrationsverket.se/English/Private-individuals/Studying-in-Sweden/Universities-and-university-college.html

      Delete
  9. Hello Meg i think you are such a blessing in this blog. you have really dialuted many depending questions worrying my mind. my name kingsley. can you give me any advice please? I am married to my son mother she came from sweden to marry me. after the marriage i applied 18 march 2015 to join them in sweden. I had my interview after 9 months i have been waiting till now and anytime i called they will say no case officer yet, and what is most painful is that whenever i am talking to my son he will be saying Papa come home, he keep repeating it. most times tears start runing out of my eyes uncontrlable. now i have waited for over 18 months now. i miss my wife and my little boy. please anyone can write me on my email please thanks in advance. kingsgbe@yahoo.com

    ReplyDelete
  10. Hi Meg

    i applied for refugee in sweden but was rejected and they ask me to leave the country, but i was afraid to go back to my country due to some certain reason, but later meet someone who i fell in love so much and want us to live together

    ReplyDelete