New: Overall assessments in work permit cases
Two new judgments change important assessments in work permit cases in Sweden. This is a welcome and necessary change that is for the protection of serious workers. The amendment means that employees who have lesser incorrect employment terms such as the lack of salary or the absence of a insurance in certain number of months may still receive a residence permit. The Migration Board will now make an overall assessment.
Both judgments state that an overall assessment should be made which means that minor mistakes can be compensated in another way. This means, for example, that a somewhat worse insurance cover can be compensated by a slightly higher salary than the collective agreement in the industry concerned says. One sentence also emphasizes that purely administrative mistakes, corrected by the employer, must not be the basis for refusing an extension application.
The first judgement: If you have problems with the insurance (lacking insurance)
The decision of the Migration Supreme Court on 13 December 2017 in MIG 2017: 24 (Case No. UM-1350 17). A foreigner who has had a temporary residence permit in Sweden for working for four years has been absent from occupational pension and health insurance during a part of the first license period. In an overall assessment of the employment conditions during the previous permit periods, the conditions for permanent residence have been deemed to be met.
The second judgement: If you have problems with the salary (too little salary)
The decision of the Migration Supreme Court on December 13, 2017 in MIG 2017: 25 (Object No. UM-10747 16). A foreigner has had a fixed-term work permit for two years and for a part of this period had a salary below the collective agreement salary. In examining an application for extension of the work permit, he has been judged to comply with the basic conditions for work permits during the previous permit period following an overall assessment of the employment conditions.
Destan Lawfirm can assist you with legal guidance on how these judgments above can be used in your case for success. We can assist you with appeals, writing legal statements or legal submissions where these two judgements are used in a legal correct way for your residence permit or residency permit to be successfully accepted by Sweden.
Keywords: Migration Board, work permit, residence permit in Sweden, FORA, insurance, extension of work permit, permanent residence permit, Destan Juristfirma AB.