How to Appeal a Rejected Residence Permit in Sweden

We understand how hurtful it can be to see your residence permit application land in the rejection pile. That said, one rejection does not end your dream of living in Sweden. You have the option to appeal the unfavorable decision legally. It is, however, essential to know how to appeal a rejected residence permit in Sweden to achieve this goal.

Let’s walk you through the process of appealing a rejected residence permit in Sweden in this guide.

Understand the Reasons Behind the Rejected Application

Before you appeal the rejection, take some time to process the situation and understand the reasons behind the refusal.

Typically, the refused permit stems from the following reasons:

• Failure to fulfill the housing requirements
• Inadequate income to rent or own a house
• Incomplete documentation
• Procedural errors
• Missing deadlines for the application
• Insufficient reliable proof to support the claims

You will soon get a detailed written decision from the Migrationsverket (Swedish Migration Agency) regarding the reasons behind the adverse ruling. Make sure to review the document thoroughly so you understand the root cause and can draft your appeal accordingly.

The Right to Appeal a Rejected Residence Permit in Sweden

The Swedish law gives you the right to contest a decision by the Migrationsverket within 3 weeks of receiving the rejection notice. It applies to the majority of the residence permits, such as:

• Student permits
• Work permits
• Asylum permits
• Family reunification permits

You have the option of either filing the appeal yourself or doing it with the assistance of a lawyer or a trustworthy third party with the power of attorney.

How to Prepare Your Appeal for a Rejected Residence Permit?

You need to follow a proper, detailed procedure to contest the rejection of your residence permit. Here’s what you need to do.

Review Your Rejection Letter

• Understand the exact reason behind the refusal
• Note down the deadline to send the appeal
• Find out the missing arguments or evidence to support your appeal

Collect Helping Documents

Next, you need to gather all the old, existing, and latest evidence to support your appeal. This includes:

• Additional or corrected paperwork
• Updated job offers or financial records
• Expert or legal opinions in your favor
• Letters from employers or family members

Write Your Appeal

Make sure to send a written appeal with the following details:

• Your personal information and details
• Your respective case number
• The reason behind your appeal
• Clear statement defining the appeal
• Corrected or new evidence

• Your signature

Submit Your Appeal

Once you have drafted your appeal, carefully review it to correct mistakes and make it as foolproof as possible. Send the appeal to the specific address mentioned in the rejection letter. If you’re mailing it via post, ensure that you do so before the deadline.

What Happens Once You Submit Your Appeal?

After you appeal your rejected residence permit in Sweden, you need to wait to receive a response. Here’s what happens during that time.

The Migrationsverket Reviews Your Appeal

When the Migrationsverket receives your appeal, it re-evaluates your situation and case. They analyze the supporting documents you’ve attached and your entire application to find any valid point to consider your appeal. If they believe your application is valid, they have the power to reverse the rejection.

Application is Sent to the Migrationsdomstolen

If the Migration Agency upholds its respective decision, it will send your application to the Migrationsdomstolen (Migration Court) in Sweden. You will receive a notification of this step.

The Process of the Migration Court

Once your application reaches the Migration Court, here’s what happens next.

Written Clarification

Typically, the decision to accept an appeal depends mainly on the supporting documentation. The court can ask you for more information, or provide a written clarification.

Verbal Hearing

Sometimes, the court may grant a verbal hearing as well. It is likely to reinforce your case if:

• The case involves complicated facts
• The credibility or authority is questioned
• You provide new, more favorable, and solid evidence

Legal Representation and Aid

The odds are high that you will be given a public legal aid attorney, particularly if yours is an asylum case. If you can afford it, you’re free to hire a private attorney, but you’ll have to cover the expenses yourself.

Court’s Decision

The court has the power to overturn the original decision by approving your appeal, upholding its earlier decision, and rejecting your application again. You will soon receive a letter stating their final decision.

If the Application is Rejected Again

If the Migration Court denies your appeal, you have the option of appealing; however, this time you’ll need to submit your application to the Migrationsoverdomstolen (Migration Court of Appeal). You can do that only in the following two situations:

• Your case centers on a fundamental legal principle
• The result can impact similar instances in the future

The Migration Court of Appeal accepts a fixed number of cases only. If it doesn’t take your case, you cannot contest the decision again.

Forced Removal or Voluntary Departure

If all your appeals receive rejection, you’ll have no choice but to exit Sweden within the period allocated in the letter. Generally, people are given four weeks for their departure. If you fail to do so, you’re likely to face the following repercussions:

• Forced to leave the country by the police
• A ban on re-entering the Schengen region for as long as 5 years

You can, however, send an application to the Migrationsverket for its voluntary return program. With this option, you may get support for travelling. 

Tips to Ensure Your Appeal is Successful

Follow these tips to increase the odds of your application’s success:

• Take prompt action to avoid missing the deadline.
• Provide complete, authentic information in the application.
• Attach relevant documents to make your case stronger.
• If your case is high-stakes or complex, seek professional legal help.

It is recommended that you seek expert legal advice on this matter to understand the reason for your rejection better. Plus, the lawyer will provide you with complete assistance throughout the process, help you with the documentation, and represent you in court if required. With professional help, your chances of winning increase.

How Advantage Law Firm Can Assist You

Advantage Law Firm has been serving Sweden and its residents with the best attorneys and lawyers for decades. We have an expert team specializing in immigration and relevant appeals.

Our multilingual and experienced team of attorneys and lawyers can help review your appeal, craft a powerful strategy to contest the rejection, assist you with gathering proof and preparing the documents, and also provide you with legal representation in court.

For any queries, call us or fill out the form below.