Entering Sweden with tourist visa while awaiting "researcher" permit

Question

I am a non-EU national with a 3-year research job offer from a Swedish company. I am eligible for and have applied for a residence permit as a visiting researcher, which is being processed at the moment (the status of my application displays "decision pending"). As far as I understand this "visiting researcher" permit is different from a proper residence permit and more akin to a D-type "long stay" visa.

At the same time, I hold a C-type Schengen visa that is valid for 6 more months. I have traveled a few times with this visa, to Sweden and to other countries. I have never overstayed, and I will not do so.

My question is: During the period in which I am waiting for the result of my "visiting researcher" application, am I allowed to enter Sweden as a tourist? Will entering negatively impact the evaluation of my application?

I will appreciate if I can be pointed to a written document or web page that provides conclusive information about this, or personal anectodes from those who have been in a similar situation.

I am asking this because I have been told on the phone by an official employee that "it is forbidden for one to enter the country while their residence permit application is being processed, and one's permit application can be rejected as a result of doing so." However, when I asked for a written source confirming this information, they merely pointed me to the Migrationsverket website without specifying a specific page; and even when I reviewed the website rigorously, I could not find this information. Can it be possible that this is an outdated piece of information?

Answer 1

On the personal anecdotes side

I have personally applied for tourist visas to Sweden for other people WHILE the person in question simultaneously has some kind of long-term visa application in the works. Such as waiting for a residence permit (move to relative) decision and visiting as tourist during the decision time.

I've been the sponsor and in the application very clearly specified the reason and openly explaining the situation:

Due to the unknown length of time before a decision will be made on the [non-tourist application] ... would like to request a tourist visa for visiting in the meantime.

and

Should the mentioned [non-tourist application] require personal attendance at the Swedish embassy [applicant] will immediately return there.

So far successfully getting the applications for additional tourist visa approved and entering/exiting Sweden. The actual non-tourist permits have also been granted.

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Background

This became "necessary" due to the extreme waiting times in getting decisions from Migrationsverket in 2015-2016 due to the influx of refugee cases to Sweden. Resulting in "estimated time to decision 6-24 months", which of course makes planning anything impossible.

People simultaneously entering on tourist visas doesn't seem that far-fetched then, even if it might technically be against the rules. I was told by Migrationsverket officials that this was not the way to do it, "The applicant must be reachable in the country of original application submission during the application processing time." and "The sponsor must be reachable in Sweden during the application processing time.". Maybe exceptional times made them realize the long waiting times required some allowances.

Again, this is purely personal experience (two cases), with no references to written rules. I am submitting it because the question requested "personal anecdotes".

Answer 2

I am asking this because I have been told on the phone by an official employee that "it is forbidden for one to enter the country while their residence permit application is being processed."

Tourist visas are under the authority of the Schengen Visa Code and there's nothing there about the impossibility of entering a given country while your resident permit is pending. I therefore presume the employee in question simply misunderstood your question and pointed out that your visa is not valid until it's been processed by the Migrationsverket. Traveling on other visas is a wholly different situation.

Will entering negatively impact the evaluation of my application?

If you want to be extra-sure your application won't be affected, simply fly into Sweden from a different Schengen state. There's currently no centralized database of entries and exits from the Schengen area, so there's no (easy) way for Swedish officials to even know you were inside the country.