Law (2008:290) For Marketing Research Principals To Receive Visiting Researchers

Original Language Title: Lag (2008:290) om godkännande för forskningshuvudmän att ta emot gästforskare

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:290

Introductory provisions



section 1 of this Act contains provisions concerning the approval of

Research principals to receive visiting scientists, and

hosting agreements. The provisions are intended to facilitate

entry and stay in Sweden to

carry out research over a period of more than three months.



2 for the purposes of this Act, section



third-country nationals to foreigners who are not nationals of

a State which is a member of the European

Union (EU), in another State

covered by the agreement on the European

economic area (EEA) or

in Switzerland,



Research principal governmental agency, or a physical

or legal person in whose activities

research is carried out, and



visiting scholar a third-country national who is competent

to begin higher education on

research level and selected by a

Research principal to a

more than three months of performing

Research of the principal.



Exemptions from the scope



section 3 of the provisions on guest researchers in this law is not applicable to third-country nationals 1. has applied for a residence permit in Sweden as a refugee pursuant to Chapter 4. § 1 or other subsidiary protection status pursuant to Chapter 4. 2 or 2 a of the Aliens Act (2005:716) or the equivalent older provisions,



2. have been granted a residence permit of temporary protection or residence permit after temporary protection under Chapter 21. the Aliens Act, 3. have a final rejection or expulsion order as unenforceable, 4. performs research exclusively within the framework of higher education in order to get a PhD, or 5. has been lent by a research principal in another EU State.

Law (2009:1548).



Marketing research principals to receive visiting researchers



4 § research principal who intend to receive visiting researchers

to apply for an authorisation for this purpose.



An application for approval may be refused, if research principal



1. previously approved on the basis of untrue

data, or



2. have contributed to it in a hosting agreement referred to

in paragraph 6 of the specified misleading or incorrect information.



Government Announces rules on which authority should

examine issues of acceptance.



paragraph 5 of The decision of approval under paragraph 4 will apply until further notice

or over a fixed period of five years. Applying

Research principal for approval for a shorter time than five

years, the validity of the decision is limited to the desired time.



Hosting agreement



section 6 Before an approved research principal will receive a

guest researchers who intend to apply for residence permits for

research shall review the researcher and research principal conclude an

hosting where the researcher undertakes to implement a

research projects and the principal undertakes to take

receive guest researcher.



The hosting agreement shall constitute part of the guest researcher's application

about residence permits.



section 7 of the hosting agreement shall contain



1. the purpose of the proposed research, the research project

length and the funding needed to implement the

the project,



2. review the researcher's qualifications in relation to the

the purpose of the research, and



3. guest researcher's working conditions and other legal

relationship between the researcher and the research principal.



Of the hosting agreement, it should also be stated, first, that

Guest researcher has sickness insurance, if he or

She's going to stay in Sweden for less than a year, and that the

He or she can every month of their stay in the country has

sufficient means of subsistence and that the costs of

the return journey is covered.



section 8 a hosting agreement ceases to have effect, if the guest researcher

not granted a residence permit, or if the planned

the research project is terminated.



Research the principal shall promptly notify the Immigration Office

If every circumstance that might prevent the hosting

completed.



Withdrawal



§ 9 the authority referred to in the third subparagraph of paragraph 4 may withdraw

an approval for a research principal to receive

visiting scholar, if



1. the conditions for approval are no longer met;



2. research the principal has been authorised on the basis of the left

false information, or



3. research the principal has contributed to it in a

hosting agreements specified misleading or inaccurate

tasks.



Appeal



paragraph 10 of the Decision in the cases referred to in paragraphs 4 and 9 may be appealed to the

General Administrative Court by the applicant for approval

to receive visiting researchers. Leave to appeal is required at

appeal to the administrative court.



Disclosure of the details



section 11 of the Government or the authority, as the Government determines

announces the details of the procedure for approval

Research principals to receive visiting researchers.



Transitional provisions



2008:290



1. this law shall enter into force on 1 July 2008.



2. The law shall not apply to third-country nationals who are

been granted a residence permit in Sweden for research before

the entry into force.