Residence permit (family) granted after a 2-year battle following a court ruling in favour of the Appellant.

It delights us incredibly that a client whose case has been ongoing for the last two years, following a denial by the Migrationsverket, subsequently following appeal process, has been granted residence permit.  

The case concerned: A family residency application (uppehållstillstånd på grund av anknytning). The spouse, a Swedish citizen sought to bring his partner from abroad to Sweden. The couple applied three years ago and were rejected due to the Swedish spouse financial situation, as a man impaired/handicapped and unable to work he did not satisfy the Maintenance requirement (försörjningskrav).

An application was sent with Arvand Askari acting as the legal representative, which was rejected by Migrationsverket in 2020, arguing that the spouse did not satisfy the Maintenance requirement (försörjningskrav), despite being impaired and unable to work Migrationsverket did not accept the exceptional circumstances of the case.

Migrationsverket (The Swedish Migration Agency) may in exceptional circumstances set aside the Maintenance requirement (försörjningskrav) placed on the Anknytningsperson (the person who seeks to bring a spouse or family member from abroad). The circumstances of the case were not considered exceptional enough. Arvand Askari Jurist (lawyer) managed with the help of reference to:

United Nations: Convention on the Rights of Persons with Disabilities, and ECHR Article 8 (the right to family life), stress the importance of upholding and protecting the human rights of the spouses, to be able to live together in Sweden. The appeal was granted by the Immigration Tribunal (Migrationsdomstolen), and The Swedish Migration Agencys (Migrationsverket) decision was overturned. The Appellant was granted residence permit (uppehållstillstånd på grund av anknytning).

The couple have been reunited after a several year long battle. It is a great privilege a to be able to serve the principle of access to justice in the favour of our clients. The UN Convention on the Rights of Persons with Disabilities (CRPD) can be found via this link: Convention on the Rights of Persons with Disabilities (CRPD) | United Nations Enable

If you have any questions regarding residence permit for family members (uppehållstillstånd på grund av anknytning), you are welcome to contact our dedicated team.

Current affairs 2021-10-14