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Five years ago, Ganesh Bista came to Sweden from Nepal. He had a work and residence permit for two years and was working in a restaurant in Stockholm.
The family came to Sweden and when Ganesh Bista applied for new licenses after two years, the Swedish Migration Board refused
. In Stockholm, according to the lawyer Branislav Despotovic
Ttela was the first to talk about the family situation
"Never received information"
– I've never had a d & # 39; Information about the rules. I did not know about it. I only tell people that the more you work and pay taxes, the better for you, "says Ganesh Bista.
The requirement of a work permit is that the terms and conditions of employment must be in accordance with Swedish collective agreements or "what is customary in the profession or industry," writes Migrationsverket on its website The salary should be in accordance with the agreements and the employer must sign an insurance.
"Similar conditions"
– That's right. Every person working in Sweden must work in similar conditions, labor market players must be able to play on similar terms, otherwise people who come to Sweden will receive unreasonable wages and perhaps not holidays at all. whether he knew it or not, "said Mardin Baban, communications officer at the Migration Board, saying that he can not comment on this particular case.
Since Ganesh Bista did not taken semester, the terms are cons ideals have not met the current rules.
"I do not want to lose that"
Since 2016, the family operates the restaurant India Palace in Vänersborg, owned by the wife of Sangeeta
They are established in the city and feel at home right here.
– This is my house. I do not want to lose what I've built here. People like our food. I have everything here. A small apartment, a restaurant. Children go to school, says Ganesh Bista.
Ganesh Bista reports that they appealed the decision of the Migration Board, but their application was rejected by administrative law in May this year. and makes a new appeal to the Supreme Court of Migration, the last instance.
– The family has no intention of circumventing the law. They did not know the rules, "says lawyer Branislav Despotovic
. He thinks that the family is disproportionately affected by an error made by the employer. He also believes that children living in Sweden should be taken into consideration.
"There are good reasons"
– It is written in the verdict of the administrative court that an overall assessment was made that a residence permit was not granted. According to Branislav Despotovic, it is not clear why they came to the conclusion.
For the Supreme Court of Migration to consider the case, a test permit is required. It can be granted if there are "special reasons" or there is a need for precedent.
– If I compare with other cases, I asked for a trial, I think that should be considered. The problem is so important. I will rely on the two special reasons and that the case may be of interest to the Swedish case law.
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