If I would like to apply to extend my current stay in Sweden (I do not need a visa to enter the Schengen area), so that I thus request a visitor permit while inside Sweden to stay beyond the standard 90/180 days; and if I'm not granted one, does this mean a deportation order or simply a refusal asking to leave the country by a certain date? I'm wondering if such would mean a deportation order because no violation of any law would happen in such a case, but, nevertheless, a prolongation refusal inside a country would technically be similar to a deportation order.
2 Answers
If you are in Sweden when your application is denied, you must leave the country within the period of time stated in the decision. You can choose to accept or appeal against the decision. If you appeal against it, you may stay in Sweden while your case is being reviewed in court. You are responsible for arranging to leave by the due date.
The decision tells you how much time you have to leave Sweden. If you have received a decision on refusal of entry that is to be enforced immediately, you must leave Sweden as soon as you have received the decision. Even if you choose to appeal against the decision, you must still leave Sweden.
If you do not leave by the deadline that is written in the decision, the Swedish Migration Agency will make a decision to issue a re-entry ban. You may also receive a detention decision, meaning you must stay at a residence that is under lock and key while awaiting your departure. If the Swedish Migration Agency believes you will not leave Sweden voluntarily, the responsibility will be assumed by the Police, who have the right to execute the expulsion by force (deportation).
Source: https://www.migrationsverket.se/English/Private-individuals/Leaving-Sweden/Rejection-of-residence-permit-application.html and https://www.migrationsverket.se/English/Private-individuals/Visiting-Sweden/Visit-Sweden-for-more-than-90-days.html
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1The question asks whether it counts as a deportation or a refusal. I think the question means: if the decision is "you can stay the usual 90 days, but not longer" and you leave after 90 days and then another country asks if you've ever been deported, is it a yes? Commented Nov 5, 2021 at 10:23
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It could count as both. Leaving voluntarily after denial of a visitor permit extension is a visa refusal, the answer to ‘have you ever been deported’ is no unless a detention decision was issued and/or expulsion occurs. If the question is ‘have you ever been required to leave a country’, the answer after a denial of extension would be yes. The answer below relates to the UK but explains how the terms ‘removal’ and ‘deportation’ might typically apply travel.stackexchange.com/questions/60240/… Commented Nov 5, 2021 at 11:26
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2does "being required to leave a country" also apply if you never request an extension, since you are required to leave after 90 days? Commented Nov 5, 2021 at 12:13
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2it's the exact same requirement no matter whether you apply for an extension or not, so logically it should be yes in both cases or no in both cases Commented Nov 5, 2021 at 14:21
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2Will a refusal of an extension application actually give you a date to leave y? Why wouldn't it be the same as the end date of the pre-existing visa or visa-free visitation? Commented Nov 5, 2021 at 14:55
As long as you leave voluntarily, and are there legally when you do leave, that is not a deportation.
Your request for an extension was refused and counts as a refusal, but it does not count as a deportation.
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does it really count as "having been refused a visa"? It may just be a refusal on an administrative request instead. That probably depends on national law and other factors, like what you applied for specifically.– JakeDotCommented Nov 5, 2021 at 21:49
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@JakeDot It depends more on how the question is asked and defined by the interested party. For example, Canada asks "Have you ever been refused a visa or permit, denied entry to or ordered to leave Canada or another country?". UK applications include "refused permission to stay or remain" as an example of a past immigration problem.– xngtngCommented Dec 23, 2021 at 16:36