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Child allowance while waiting for the residence permit extension (New rules 1st August 2017)

hello
I question about barnbidrag which forsäkringkassan stopped paying us because at the momet my baby dont have residence permit. We had applied for work permit extension in the end of april and waiting for decision. When we will get decision Försäkringkassan will pay all the unpaid months together or it start from that month when we are getting decision. I dont know why it is stop paying I am not happy thing is I am working and paying all the taxes and charges but why barnbidrag they have stopped it is not good reason to stop barnbidrag because my application is under process at migrationverket.
thanks
Sunny Report inappropriate content

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  • Hello Sunny,

    There is law change that is valid after 1st August and might be applicable to you. After the 1st August, those who had a temporary residence permit might continue receiving child allowance while waiting for the extension of the residence permit.

    The first condition to continue receiving child allowance is to submit a new application to the Migration Board for the extension of the residence permit before your temporary residence permit runs out.

    The other condition is that the ground of the application of your residence permit must be the same as the residence permit you had before or a new permit that is supported by a provision in the temporary law.

    In order to apply for the child allowance again a person should contact Försäkringskassan by his/her own initiative. If the person fulfills the conditions that mentioned above, she/he receives a decision about right to get child allowance. Afterwards the payment could be done retroactively for the moths that the payment has been stopped. However maximum period of receiving retroactive payment is previous year January, which is January 2016.

    Please contact our Customer Centre for private individuals on 0771-524 524 and press 8 for service in English in order to give us further information about your process with Migrations Board and claim the child allowance.

    Best regards,
    Özge
  • Can you please provide a link to this legislation that you mention? Is there a way to point out the specific clause?

    My work permit expired last year and Försäkringskassan stopped Barnbidrag the same month. I waited over a year for the decision which I now finally have, so I applied for restarting the Barnbidrag.

    I have now received a letter from Försäkringskassan on my application to restart Barnbidrag where the officer says that they will payout only from the month that I received the actual decision from Migrationsverket.

    Note that I satisfy both criteria you mention above:
    a. I applied for an extension (same terms as earlier work permit).
    b. Application was made before earlier application expired.

    For the entire time while we waited for a decision we were living in Sweden, Paying taxes and the child was going to a school in Sweden.


    Dev
  • Hello Dev;

    All the rules in this area are drawn from Socialförsäkringsbalken, the Swedish social security code. But which clause applies depends on whether you contact us while you are waiting for a new residence permit, or you contact us after you have received a new one:

    1. One possibility is that you applied for an extension of your residence permit before your old one ran out, but you are still waiting for a decision from Migrationsverket. According to previous rules you could not receive child benefit during this waiting period, so your payments would have been stopped the moment your residence permit ended. However, a law change implemented on the 1st of August 2017 means that you may have the right to this benefit while you wait for an extension of your permit.

    If you are in this situation, and you fulfil all the conditions to receive child benefit while you wait for your new residence permit, you can notify us that you want us to continue paying child benefit. In that case, clause 15:14 of Socialförsäkringsbalken would apply, and you may have the right to child benefit retroactively, beginning at the earliest in January the year before you get in touch with us.

    2. The other possibility is that, after waiting for an extension of your residence permit, you receive a positive decision from Migrationsverket. If you get in touch with us to request child benefit after you have received the new residence permit, the clause that applies is instead 5:12.

    This clause applies for people who receive a residence permit in Sweden that is valid retroactively. In that case the law limits the payments of child benefit to a maximum of three months before the date when your residence permit was extended, and not for the whole time you were waiting for a decision. If, on the other hand, your residence permit is not valid retroactively, you can only receive child benefit from the month when the permit was granted.

    Please be aware that this is just a general answer, and not about your specific case. If you want to check the rules that apply to your situation, you may call us on 0771-524 524 (press '8' for English) and we will help you with that.

    Best regards;
    Daniel
  • Hi,

    Could you inform me about which law that applies to my case?

    My last work permit expired on 31 August 2016, and I applied for the extension on 29 August 2016 (before my permit expired). On 22 September 2016, I got a letter from Försäkringskassan informed me that the child allowance will be stopped because my permit expired and it also informed me that even I have applied for the extension the child allowance would still be stopped. The child allowance will be paid after I get a decision on my permit extension from Migrationsverket. Moreover, the letter said that I do not need to do anything or contact Försäkringskassan until I get the permit decision.

    So, the permit extension was granted on 22 September 2017, and the permit itself is valid from 2 September 2016 (covering my waiting time). Today I got a letter from Försäkringskassan about the decision to restart paying the child allowance. However, the decision says that the child allowance will be paid only from three months before the permit extension was granted that is from June 2017 (not the whole waiting time).

    As I read the previous comments here, a new law came into force on 1 August 2017 which allows people who are waiting for their permit decision from Migrationsverket to contact Försäkringskassan and can get the child allowance paid. Meanwhile, in my case, the letter that I got from Försäkringskassan in 2016 said that the child allowance cannot be paid even I have applied for the work permit extension. Moreover, it said that the child allowance will be paid again once I got a decision from Migrationsverket.

    So my question is, does the new law apply to my case? I do not think that the law should be applied retroactively to cases before 1 August 2017.

    Thanks in advance for your kind assistance.

    Regards,
    Nita
    Nita
  • Hi;

    In cases where Migrationsverket has already given you a new decision permit when you get in touch with us, the new rule of the 1st of August does not apply. Instead we follow the usual rules for retroactive residence permits.

    This means that we can only pay child benefit for three months back from the date when you inform us that you wish to receive it. This applies even if your new residence permit is valid for longer than three months back.

    This is the general rule. If you want to get information on your specific case you can reach us on 0771-524 524.

    Best regards;
    Daniel
  • Hej,
    When I applied for barnbidrag very first time ,officer at Skatteverket told me that it comes automatically,need not to apply for that but anyhow I could fill the form if I want. Thought of this , I did not apply for barnbidrag  while I was waiting for resident approval extension decision.  Now after few months of my resident permission approval  ,I did not received barnbidrag so I applied and now I got letter that I could not get that fully because of rule 5:12.
    I received letter from Försäkringskassan before they stopped barnbidrag stating reason of Resident permit approval expired. But no where it was mentioned that I need to apply again.Neither this was mentioned in letter nor at the website. It was all assumed in goodfaith that it will get paid retrospectively. We understand that due to lot many applications Migration service is taking very very long time in processing of resident permit extension application, and rule says that we can continue work during that period. But did not know this consequence on child benefit allowance.
    Is there any application or appeal where I can raise my this concern.
    Thanks

    Poonam
  • In my View if försakringskassan stopped paying barnbidrag because of resident permit expiry information from Migrationsverket,they should start paying it also as soon and as per Migrationsverket decision information comes. isn't it?


    Poonam
  • Hi;

    If you have received a decision letter about your child benefit, the letter should contain information about how you can file an appeal. You can always call us on 0771-524 524 (choice '8' for English) for more information on this.

    Unfortunately we do not start paying again when you get a new decision from the Migration Office or when a new law is passed. Instead you need to contact us if there is a change in circumstances that may entitle you to payments. It is possible to receive retroactive payments when we make a decision, but not for a longer time back than what the law allows.

    Best regards;
    Daniel
  • Hi
    I have a child who was born here in Sweden in july 2015. Her father, my sambo, is swedish citizen so she become swedish citizen too. I'm from non EU country. In that time when she was born we had ongoing applications at migrationsverket, so i was allowed  to stay here only for 3 months and then to go in my country for 3 months. The child always was with me. That was our life until September 2017, when i got positiv decision, PUT, and  we moved to Sweden. In my country, she was like a tourist and didn't have any rights, didn't recieve any support. We applied for barnbidrag when we came here, and we got decision last month and it was paid from the date we applied.
    My question is :
    Does my child have any right to get any money retroactively, cause first time when we registered her in skatteverket, they told us she will probably get it when we registre our address here in Sweden.

    Thank you
    Dzenana

  • Hello!

    The Swedish Social Insurance Agency has limited abilities to answer questions relating to individual cases on this forum. We therefore ask you to contact our customer center at the telephone number 0771 524524 and press 8 to get connected to the English line.

    Our telephone lines are open the following hours:
    Monday – Friday 8.00am — 4.00 pm.

    For more information please visit our webpage fk.se

    Best regards,
    Abdirashid
  • Hello. Me and my son we are both residents in EU we moved to sweden and got registered in skatteverket and also försäkningskassa. We both have personnummers but now it has passed like 6 months and still i have not gotten any desicion about barnbidrag to my son. How long does it usually take to get the desicion.?
    Raidi

  • Hello!

    You do not need to apply for child allowance (barnbidrag), rather it will be paid automatically once your registration case is done. However, there is no any processing time for registration case and it may take some time. Once the process of registration is done, you will receive the child allowance.

    Best regards,
    Abdirashid
  • I personally did not understand this different laws, you cannot recieve support while waiting for renewal, well i can confirm specifically that is not correct,because i know a friend who still recieve her child support as am typing while waiting for decision .
    Any ways i have my own stress and wil like to get some feed backs..As my son has been here the past one year now, unfortunatly for us an individual from the said immigration picked on me and my boy is were the one yeay battle started. after been through all this situation hoping and praying, from DNA to custody and finally won the battle, i only recieve one month support for my son. isn't that painful enough ?. what about the previous month he has been here, dont you guys think it unfair? we did not ask for this, please please this does not go down wel with me one bit, it was a long journey to reach this far with this case so please will appreciate they look into this issue again.Mvh Prince
    Prince C Roberts
  • Hi;

    As my colleague Özge explained in the first answer of this thread, from the 1st of August 2017 it is possible to continue receiving child allowance while you wait for a renewed residence permit in some circumstances. Please refer to her comment for more information about that rule.

    This is a public forum so we cannot tell you why in your case you only received child allowance from one month. This may depend on different factors such as the kind of residence permit you have, or the previous decisions that Migrationsverket has made. For information about your specific case please call us on 0771-524 524 (choice '8' for English) and we can take a look at it.

    Best regards;
    Daniel
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