Can I speed up my visa application? The answer is yes, but first read our blog post.
The long waiting time to receive a decision from the Swedish Migration Agency has been a big issue in the last years. However, the introduction of the new Swedish Administrative Act (Förvaltningslag 2017:900) in 2018 marked a significant step forward in reinforcing the rights of individuals affected by delays in administrative procedures. Specifically, if the Swedish Migration Agency surpasses a six-month deadline without rendering a decision, applicants can proactively submit a request to conclude the case. This blog post elucidates the process, highlights crucial considerations, and provides insights into navigating this avenue effectively.
In accordance with the Swedish Administrative Procedure Act, individuals can take action if a public authority, such as the Swedish Migration Agency, fails to make a decision within the stipulated six-month timeframe. The act allows applicants to submit a formal request to conclude the case, compelling the Swedish Migration Agency to close it within four weeks.
Practical steps to submitting a request:
Document verification: Ensure all necessary documents are complete and adhere to the requirements outlined by the Swedish Migration Agency.
Timely Submission: Submit the request promptly after the six-month deadline has lapsed. Please do not miss that the request can be sent just once during the application process.
Use of Application Form: Utilize the official application form provided by the Migration Board. The form can be accessed here.
Record-Keeping: Maintain meticulous records of all communication, including the submission of the request.
Potential challenges and appeal strategy:
Possible rejection: The Migration Board may reject the request if they cannot issue a decision within the mandated four weeks. This does not mean that your application on a residence permit has been rejected, this will be assessed separately.
Appealing rejection: In case of rejection, applicants are advised to appeal before the district court (Förvaltningsrätten). The new administrative law provides a robust foundation for challenging such rejections.
Be prepared for potential challenges, and if faced with rejection, the avenue for appeal remains a potent tool in upholding your rights.
If you wish professional legal advice tailored to individual circumstances, please do not hesitate to seek consultation with Momentius Move team. Here you can book a meeting for a free consultation.