how to appeal if rejected

new roots4 minutes

Bianca Amoruso Wennerbyfounder & c.e.o., Medensiaswedish immigration expertMedensia

If you are not happy with a decision from Migrationsverket (the Swedish Migration Agency), you may be able to appeal. Here’s what you need to know:

  • Act fast: Appeals have a deadline
  • Send your appeal to Migrationsverket  first
  • After the Agency reviews it, your appeal usually goes to the Migration Court or Administrative Court
  • It’s free to appeal
  • Not all decisions can be appealed
  • Ask for help if you are unsure what to do

Getting a decision you don’t agree with can be stressful. But you have rights. And this can’t be overstressed.

In many cases, you can ask the decision to be changed by appealing. This guide will explain how appealing works, what steps to take, and who to contact if you have questions.

Don’t panic — you have rights.

1

read your decision carefully

  • Check if your decision can be appealed
  • Look for the deadline for submitting your appeal — it’s usually stated in the decision

2

start planning to leave sweden if needed

  • If the decision affects your right to stay in Sweden, start planning to leave even if you appeal
  • Some decisions may require you to leave immediately, so be prepared

3

submit your appeal to the swedish migration agency

  • You must send your appeal to the Agency first, not directly to a court
  • The Agency will review your case again
  • If the decision changes, the Agency will issue a new decision and forward your appeal to the court

4

the court reviews your appeal 

  • Usually, your appeal goes to the Migration Court
  • Some cases go to the Administrative Court or, in special cases, the Government
  • The court makes the final decision and sends it to you and your representative, if you have one

5

if you want to appeal the court’s decision 

  • If you disagree with the court, you can usually appeal again
  • The court’s decision explains how long you have and where to send the appeal
  • You may need leave to appeal (permission) for higher courts, like the Migration Court of Appeal or Administrative Court of Appeal

not all decisions can be appealed
  • You cannot appeal if:
    • the deadline has passed
    • the highest court has decided
    • you have accepted the decision
late appeals
  • If you send your appeal too late, the Agency will reject it
  • You may still be able to:
    • appeal the decision to dismiss your late appeal
    • ask the Administrative Court of Appeal to restore your right to appeal if you have a good reason
changing your mind
  • You can withdraw your appeal if it hasn’t been sent to a court yet
  • If the court already has it, contact the court directly
costs
  • It’s free to appeal the Agency’s decision
  • Courts do not charge fees for appeals

This article provides general information only and does not constitute legal or immigration advice. Rules regarding residence permits, work permits, and employment in Sweden may change and depend on individual circumstances. Always consult the Swedish Migration Agency or a qualified professional for guidance specific to your case.

  • Check deadlines carefully — submitting late may mean your appeal is rejected
  • Keep copies of your appeal and any supporting documents
  • Get help from a legal advisor or support organisation if you are unsure
  • Plan ahead if the decision affects your right to stay in Sweden

↗︎ Swedish Migration Agency – Appeal a decision
↗︎ Migration Court of Appeal 

can all decisions be appealed?

No. Some decisions cannot be appealed:

  • The law says you cannot appeal
  • The deadline has passed
  • The highest court has already decided
  • You accepted the decision and signed a “declaration of acceptance”
what can I do if  I appealed too late?

If your appeal is late, Migrationsverket will reject it. You can:

  • appeal the decision to reject your appeal, or
  • ask the Administrative Court of Appeal to restore your right to appeal if you have a valid excuse
who should I contact if I have questions about my appeal?
  • If your appeal has not yet been submitted, contact Migrationsverket 
  • If your appeal is with the court, contact the Migration Court or Administrative Court
what does it cost to appeal?

It costs nothing to submit an appeal to the Swedish Migration Agency or the courts.

what should I do if I regret submitting an appeal?
  • If your appeal has not yet been sent to a court, contact Migrationsverket to withdraw it
  • If it is already with the court, contact the court directly
  • If you withdraw your appeal after the deadline, you cannot appeal again

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