Zohreh Gheydar are in the kitchen when she gets the news. It is an early afternoon at home in the red apartment which is located in Upplands Väsby, north of Stockholm. The fridge is adorned with the photographs of the boyfriend, and various pieces of paper reminds her of her meetings. When the phone rings it is her legal representative who tells us about the rejection. Two weeks to lose Zohreh Gheydar five kilos.
“I have cried every day since I got the news,” she says.
to Sweden from Iran with a work permit. During the time it lasted valprotester in the home country, where several protestors were killed. She describes Iran as an insecure country, and mentions that she also has personal reasons not to move back.
The first two years in Sweden, she worked in the deep. Afterwards, she applied a job at an employment agency in the home care and personal assistance. On the website describes the company themselves as multicultural and offer care in several languages.
To work in home care feel Zohreh Gheydar good. Today, she has a dozen elderly clients she visits in the home. Among other things, will accompany her, accompany on walks, and distribute the medicine. To cook Swedish cuisine was initially difficult, but with time, she learned how the food was the best.
Photo: Allis Nettréus
– the Clients I encounter in my work is family for me, some clients I have felt in several years time, and hits more often than my own parents, ” she says.
Zohreh Gheydars work permit renewed by the migration board. 2016 went her last work permit expired. This time, she applied for her permanent residence, which means that the person has the right to work and live in the country on the same terms as other residents. The requirement is that the applicant has lived in Sweden for a certain period of time. In Zohreh Gheydars case it was four years in the country.
Despite the fact that she meets the hemvisttidskravet she received a rejection on their application. The reason is that her previous work permit has not met the rules that are needed to get to work in the country. Among other things, a person with a work permit have the right to vacation benefits such as annual leave, holiday pay, and holiday pay.
In the annual holidays act states that the employer is obliged to ensure that the worker takes out their vacation and follow the semesterlagens provisions. Despite the fact that the Zohreh Gheydar has the right to 25 days of annual leave each year, she has not taken out all of the days. In 2013, she took no vacation at all.
According to her employer it was legal to take out holiday next year, while the migration court concludes that she did not save them. In addition, have holiday pay included in the salary on certain occasions which the authority says is contrary to the act.
“My employer said it worked so, I could not even imagine that the person would do the wrong because the driver of a private business, has the staff and know the country,” says Zohreh Gheydar.
support themselves without income support. A schabloniserat conditions regarding maintenance applied on the 13.000 sek. Zohreh Gheydar work 75 per cent and has a base salary of 15.500 sek according to the contract of employment. But because she has an hourly salary for the salary paid, sometimes ended up in the basic salary. The migration court decides that Zohreh Gheydar not had a salary in accordance with the employment contract.
– Zohreh Gheydar has during some periods been sick or studied at SFI, but then we have solved it with the fact that she has made up for the lost days, a month afterwards, says ceo of the staffing company, who wishes to remain anonymous.
2012 was Zohreh Gheydar diagnosed with the disease ms. The disease means that isoleringslagret around nerve fibers in the brain and spinal cord are destroyed, which can lead to lasting disabilities. Because of the rejection she is stressed out which has affected the sight. It is, inter alia, on the basis of the disease, she sometimes has been sjukledig from the job.
written an opinion on her situation. In the letter he writes among other things, that there is a risk that the Zohreh Gheydar forced to change the treatment if she is deported to Iran. This is because it does not exist in the home country.
– the migration court does not take into account other than arbetstillståndets rules, my doctor can only explain how my sjukdomssituation, ” says Zohreh Gheydar.
in 2017, introduced to the then government a change in the law which means that a work permit does not necessarily have to be withdrawn when an employer makes less mistakes. However, serious shortcomings in the work permit will lead to återkall.
– the Purpose was to protect arbetskraftinvandrare from rogue employers, but it is still the employee, who may take the hit when the employer are careless, ” says Lisa af Jochnick, the legal representative of Zohreh Gheydar.
there are certainly several reasons that are the basis for Zohreh Gheydars expulsion. But because the salary always has been above försörjningskravets amount should a global assessment be made.
– Previously, it was unforgivable if the employer made a mistake, but an underlying problem is still that it is the worker who is punished with expulsion, when the employer makes errors, ” says Fredrik Bergman, a lawyer and director of the nonprofit organization the Center for Justice.
According to him, the harder on the mistakes in the maintenance requirement. The reason is that the requirement is considered basic which makes it difficult to be lenient.
– It depends on how it looks during the entire licensing period. You have to have a supply of minimum conditions regarding maintenance but also a salary that does not deviate from the kollektivavtalad salary, ” says Cecilia Hanö, the responsible judge in the case.
Zohreh Gheydar will appeal the decision to the migration court of Appeal. If she is forced to leave the country she does not know what she will do. She describes that she has nothing to return to in Iran.
“I fail to understand why the Swedish migration board says it is only now that my work permit does not meet the requirements, they might as well have said it in 2014, so did not have to go five more years,” she says.
According to Irene Sokolow, press officer at the Swedish migration board, the authority has informed the Zohreh Gheydar that the salary is not followed, the employment base salary, at the end of 2017.
– It is, as I said, among other things, because I was at home and sick, moreover, it stands nowhere on the Migration board website that a person needs to earn the amount stated in the contract, so long as you can handle the maintenance requirement, ” she says.
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