Love Across Borders

Friday, October 27, 2006

You judge if this is an act of discrimination or not

The following story is put together from different Swedish newspapers. I have tried to fill in the missing parts so every detail may not be exactly correct.

Story in brief:
Nelly 20 and Joakim 21 got married the 14th of October 2006. One week later Nelly was deported to Russia.

Nelly is originally from Tajikistan. During the civil war in Tajikistan (1992-1997), Nelly and her family fled from Tajikistan to Russia. The family didn't get asylum in Russia. Instead Russian authorities decided to deport the family back to Tajikistan.

In 2002 the family fled from Russia to Sweden where they applied several times for refugee asylum. Nelly's sister and parents have already been deported back to Russia from Sweden but Nelly's application was not rejected until a few days after her marriage.

The police always act prompt on rejected asylum applications. The police entered the newlyweds' home and demanded Nelly to get a passport at the nerest Russian embassy. This is to make it possible to deport Nelly according to international rules, back to the country she came from when she entered Sweden.

Nelly and her husband managed to delay the deportation for a few days but finally Nelly was taken into custody and deported to Russia.

In a Swedish newspaper a civil servant at the Swedish migration authority says: -Being married to a Swedish citizen does not stop the enforcement of a deportation.
The police say: -We just execute the law.

The law says that you have to have a legal Visa when you enter Sweden. Nelly came to Sweden without a legal Visa and claimed refugee status. As long as her refugee status was being processed by the immigration she was allowed to stay in Sweden. But at the same instant the immigration authorities made the decision to reject her asylum application, Nelly became illegal in the country and the police should immediately deport her to the country she came from.

How about the marriage then?
Same rule for a foreign citizen who marries a Swedish citizen. You have to enter Sweden with a legal Visa if not you have to leave the country and get one.

I married my Malaysian wife in Malaysia. We also went to the Swedish embassy in Bangkok to register our marriage in Sweden. When we moved to Sweden we flew in and my wife entered Sweden with the 3 months tourist visa she got at the checkpoint in the airport. After a couple of weeks we left Sweden for Denmark, went to the Swedish embassy in Copenhagen and applied for a temporary visa and work permit of 6 months. With the temporary Visa we reentered Sweden. Now everything was fine.

After 6 months we had to go to the local migration authority for individual interviews. This was to assure that our marriage was not a fake marriage. Passing the interviews my wife got another 6 months Visa and workpermit. After another 6 months, another interview and finally she got her permanent Visa and workpermit. This is all according to the book!

Back to Nelly and Joakim.
Their story could have been handled very much better by the Swedish police. The police could have put the rule book aside for a second and used their heads and hearts and adviced Nelly and Joakim to go to Copenhagen to get her Visa. It didn't have to be more brutal than that.
Now Nelly has to do this procedure alone, in the Swedish embassy in Kaliningrad in Russia. I'm sure there is no way the embassy can reject Nelly a Visa there because she is legally married to a Swede.

Worst case scenario is that the Russian authorities take Nelly into custody and deport her to Tajikistan. I can't judge the probabillity of that but let's pray that will not happen.

So, what do you think? Were the civil servants and the police involved performing an act of discrimination or not?

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