Handläggningstid hos Migrationsverket

2017-08-15 i Migrationsrätt
FRÅGA
Hi i am so sorry to bother you This is the third letter that I am sending to someone in migration board towards my application for extending my permit. i am working here in Sweden as Software developer. Now, it has been almost 18 months since I am waiting for a decision, but unfortunately none has been made and this is really so hard on us.I had same problem in my first application for extending my permit, I mean in 2014 and in that time after 9 month I have got my permit. you know better than me people have had to stay here in Sweden for the time being after them applied for extending the permit, my family were bound not to get out of the country. And as a matter of this fact, during the last 2 summer time (2 holidays) they could not go out of the country and specially to our homeland Iran, Although they were and are missing our family members back home, the only time for them to have a sort of vacation time are summers and it could not be used anyway (It is third time that we cannot use our holidays in Summer Time).We just came out here in Sweden Five years ago, and I am sure you can imagine that how much my wife and children miss our family in Iran. The thing is when it comes to me, I can handle this hard feeling to miss someone, but my wife is so depressed and sad about the matter that she has not been able to be with her family and mine . Trying not to show that I miss the family and comforting my wife and children at the same time mak
SVAR

Dear Sir,

Permit
I understand that this must be an incredibly stressful situation for you and your family. If you have a residence permit to live in Sweden and you want to keep living in Sweden after your permit has expired you can apply for an extended permit. If you have had a residence permit for more than six months and you apply for an extended permit before your residence permit has expired you have the right to stay in Sweden and work while Migrationsverket handle your application. (5 kap. 18 § 2 st 3p Utlänningslagen)

How long time does it take to get your decision?
HERE you can calculate approximately how long is has taken for people with similar applications to get their decisions. Unfortunately the office turnaround time at Migrationsverket is very long and the calculation above is at the time not in accordance with reality in most cases.

You can file a complaint to JO
Migrationsverket has received a lot of criticism for the long office turnaround time. If you want a file a complaint you can do that to JO (justitieombudsmannen). (2 § 1p and 5 § Lag med instruktion för Riksdagens ombudsmän) Unfortunately JO cannot affect the administration in your errand but can give criticism to Migrationsverket.

You can file a complaint to JK
According to Swedish law an administrative agency like Migrationsverket have to handle errands as easy and fast as possible without neglecting the safety. (7 § FL) This implies that Migrationsverket by law have to handle errands without unreasonable delays. Unreasonable delays are therefor infringing Swedish law. However I cannot make a statement whether 18 months would qualify as an unreasonable delay. JK (justitiekanslern) practices supervision over government controlled businesses and that they are in accordance with law. Since Migrationsverket is a public authority you can file a complaint to JK that can inspect whether a turnaround time of 18 months qualify as an unreasonable delay in your case. If JK finds that this is an unreasonable delay you can receive indemnity. The problem is that JK is free to chose whether to look in to your complaint or not and most complaints are denied. I just want to make you aware of that if you have filed a complaint to JO there is a great risk that JK denies you complaint.

At first hand I would recommend you to contact your caseworker at Migrationsverket to find out when you will get your decision. Hopefully you get your decision soon and your family will feel better. If you want you can also file a complaint to JO or JK.

I hope that this gave you an answer to your question! If anything in my answer is unclear or if this raise more questions you are welcome to contact me on my email: felicia.lundgren@lawline.se.

Regards,

Felicia Lundgren
Du är välkomna att boka en erfaren jurist för fortsatt juridisk rådgivning genom att skicka en kostnadsfri bokningsförfrågan till Lawlines Juristbyrå här.
Våra jurister på Lawline Juristbyrå erbjuder rådgivning inom en rad olika områden och hjälper dig i ditt specifika ärende utifrån ditt behov.
Fick du svar på din fråga?
Senaste besvarade frågorna inom Migrationsrätt (1224)
2021-09-20 Försörjningskrav och uppehållstillstånd pga. anknytning
2021-09-10 Kan man få medborgarskap när man dömts till böter?
2021-09-07 Vad händer om ett barn hinner fylla 18 år under asylprocessen?
2021-09-06 Hur ska "skyndsamt" tolkas i 16 kan 4 § utlänningslagen?

Alla besvarade frågor (95739)