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IMMIGRATION

Scientist forced to leave Sweden over employer’s job ad error

A highly skilled biomedicine professional from Taiwan has been forced to leave Sweden after six years studying and working here, in the latest example of work permit holders being kicked out of the country due to minor problems with their paperwork.

Scientist forced to leave Sweden over employer's job ad error
Jin-yu Lu was asked to return to Taiwan after six years studying and working in Sweden. Photo: Private

Jin-yu Lu spent two years studying at Stockholm's Karolinska Institute and four years working at Swedish companies in the medical sector before her work permit renewal was rejected and she was forced to leave the country.

She got in touch with The Local from Taiwan, where she is currently working out the next steps in her career.

“Sweden is globally recognized for its efforts in technology innovation and humanitarian services. This spirit motivated me to come to Stockholm in 2013,” she explains. 

After her two-year KI Master's in Bio-entrepreneurship, Lu worked first as a project coordinator for pharmaceutical development in clinical trials, before joining a medical technology company in 2018, working on quality assurance for drugs and medical devices for Parkinson's disease.

“The network and relationships I have built in Sweden during the past six years helped me grow up to become who I am today,” she says, also pointing to the investment made in her by the medical technology company which funded Lu's online course online course in biomanufacturing for medicines at Massachusetts Institute of Technology MIT.

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Lu first became aware of the complexity in Sweden's work permit legislation in 2015, when a friend from her Master's programme received permit rejections from the Migration Agency and the Migration Court due to an administrative error.

And in October 2018, her own work permit renewal was rejected.

There were two reasons, including one which has affected many other non-EU workers: the advert for her job was not posted on the website of the Swedish Public Employment Agency before the decision was made to hire her in 2018.

Once made aware that this would be a problem, her employer posted the advert for the required two weeks while Lu was still in her probation period, and said that after this posting she remained the best qualified candidate.

The second factor in the rejection was that at the time she began working at the second company, she did not have a valid work permit since her application was still being processed.

In May this year, the rejection of Lu's work permit was confirmed by the Migration Court following an appeal, and two months after that she reached the end of the road when the Migration Supreme Court agreed with the previous decisions. She was given the standard time of four weeks to leave Sweden in the court judgment, seen by The Local.

The biomedicine professional has now returned to her home country, from where she is in the process of reapplying for a work permit. The new application was submitted in mid-October.

She says she was “surprised, confused and disappointed” by the rejection. “My boyfriend and cat are living in our apartment in Stockholm. I feel sad to be away from them because of this migration issue,” she says.

Her company supported her throughout the long process of appeals from 2018 to 2019, helping her understand the decision letters (written in Swedish only), and providing her with help from two lawyers.

“I believe they tried the best they could to keep me [in Sweden],” she says.

Her current plan is to return to work in Sweden if possible, but her experience demonstrates how the bureaucracy of the Swedish system can send skilled professionals to other countries, and she says she is open to other opportunities outside Sweden.

After leaving Sweden, Lu took a course in clinical vaccine development at the University of Oxford in the UK, and at the start of November she was admitted to another course at the prestigious institution, this time in medical statistics for clinical trials, which will begin in Oxford from early December.

“This leads to alternative career plans, while I am still waiting abroad for the Swedish Migration Agency's decision,” she notes.

While she says she would be happy to return to Sweden if given the opportunity, she is stunned that she has been admitted to the university after being forced to stop working in Sweden.

“Looking from a long-term perspective, I feel this experience is a critical turning point. When one door closes, another opens,” she comments.

“Both in Stockholm and Oxford, I have been inspired by many people from various countries who are also working far away from their hometowns to improve human health. Politics for immigration may be complicated, but opportunities for medical innovation must not be compromised.”

Thank you for reading this article. Which issue that affects foreigners in Sweden should The Local write about next? If you have feedback, questions or ideas, please get in touch.

Member comments

  1. Hello,
    Why you are insisting that is something is wrong with Migrationsverket. It is not to blame Migrationsverket, you should blame employer. In most cases employer and employee agree on employment before announce. Both employee and employer in such cases are trying to bypass the law. There was a reason for law, having announced employment case in the Swedish Public Employment Agency. It is because people make sure all employment announcements are accessible to them and they do not miss them. Employer can announce the employment to any other websites, etc.

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READER QUESTIONS

Do foreigners in Sweden have to carry their residence cards?

Foreign residents in Sweden who are granted residence permits are issued with a residence card or 'uppehållstillstånd'. Who does this apply to and are they obliged to carry the card all the time?

Do foreigners in Sweden have to carry their residence cards?

What is an uppehållstillstånd

Firstly, an uppehållstillstånd or residence permit is required for legal residence in Sweden for non-EU citizens, as well as EU citizens without EU right of residence.

Note that this is not the same as an uppehållskort, which is for non-EU citizens living with a non-Swedish EU citizen, nor is it the same as an intyg om permanent uppehållsrätt for EU citizens or uppehållsstatus for Brits here under the rules of the withdrawal agreement.

Residence permits are granted to those wanting to work, study or live in Sweden, including those who came to the country as family members of other residents or as refugees.

The criteria you must fulfil to be granted a residence permit depend on the reason you are in Sweden and your personal situation.

If you are granted a residence permit for Sweden, you will be issued with a residence card or uppehållstillståndskort, as documentation of your residence rights.

The card itself is a plastic card the size of a credit card and displays your photo. It also includes a chip containing your biometric data. You will be required to attend an appointment to submit biometric details to the Migration Agency, either at one of its offices or at your closest Swedish embassy or consulate, if you’re applying from outside the country, after which the agency will be able to produce your residence card.

So, do I need to carry the card with me at all times? 

Technically, no, but it’s best to always know where it is, as you will need to be able to show it when asked. 

A press officer at Sweden’s Migration Agency told The Local that it’s a good idea to carry it with you at all times, although there’s no specific requirement for residence permit holders to do so.

“We can’t comment exactly on the situations in which other authorities, such as the police or healthcare services would need to see your residence permit card, but our general advice is that it’s a good idea to carry your residence card with you at all times, like any other form of ID, such as a driving licence, for example,” she said.

According to the Migration Agency’s website, you should always have it with you when in contact with Swedish authorities or healthcare, as it proves that you have the right to live in Sweden.

“According to the Aliens Act, foreigners in Sweden must show a passport or other document showing they have the right to live in Sweden, when asked by a police officer,” police press officer Irene Sokolow told The Local.

“[The foreigner] is responsible for proving their right to be in Sweden, as well as their identity and the day and time they arrived in Sweden, if relevant. They are, however, not required to carry their identity card or passport with them.”

One situation where you should have your card with you is when travelling over the Swedish border, where you should always present it to border police along with your passport. This ensures you’ll be registered correctly as a resident when exiting or re-entering the country, rather than as a tourist.

One reason why this is important is that non-EU residents can only visit Schengen for 90 days in every 180-day period without needing a residence permit or other visa, so if you’re falsely registered as entering Sweden as a visitor, this 90-day countdown will start. 

If you’re then discovered living in Sweden past the 90-day deadline, your false registration as a tourist could lead to you being branded an overstayer, which could affect your chances of getting a residence permit in the future, as well as your chances of being allowed to enter other Schengen countries.

Where else might I be asked to show my card?

Sweden’s police are also able to carry out so-called inre utlänningskontroller, special controls to identify people living in Sweden illegally, if they have reason to believe the person in question does not have a permit or visa to live in Sweden.

These can take place anywhere within Sweden, including at workplaces suspected of hiring people without valid residence permits, so at least in theory, you could be stopped by police anywhere in the country and asked to show your residence permit if they have reason to believe you’re living here illegally.

“When an inre utlänningskontroll is carried out and the person in question does not have any such documents with them, the police can check their status with the Migration Agency,” Sokolow told The Local.

Legally, the police have the power to confiscate your passport or other ID document if you can’t prove you have the right to be in Sweden when asked, although this will be returned to you when you provide them with a valid residence permit card or when they receive other proof that you have the right to be in the country.

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