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Refusal of residence
On 17 October 2012 have you applied for a residence permit based on the greencard scheme.
Decision Agency for Retention and Recruitment can not give you a residence permit in Denmark, because the conditions of the Aliens Act § 9 a paragraph. 2, No. 1, is not satisfied.
Facts You have the 17th October 2012 applied for a residence permit on the basis of greencard scheme.
You have an application for a green card attached diplomas and transcripts for a Master of Science, Electronic Commerce (120 ECTS) from Luleå Technical University, Sweden. The training is conducted in Iran.
It appears from diploma to degree program is rated at 2 years, 120 ECTS.
Finally, you have attached employer statement Fajr Ofogh Taban Company where it appears that you have worked full time as a Research Manager in the period 20 September 2007 and up to the time of application. It is also clear that in the period 2009 to 2011 was responsible for the same position part time due to study. It appears, re. your work that you analyze the needs and problems of the organization, selecting methods and techniques for research, prepare plans and questionnaires, interpret data, write reports, draw up recommendations and oversees the work.
Legal basis
After the Aliens Act § 9 a paragraph. 2, No. 1, an alien may be granted a residence permit on the basis of a Minister of Employment fixed points of the Aliens Act § 9 a paragraph. 6 and Executive Order No. 640 of 25 June 2008 on the greencard scheme points.
After greencard Order § 1, paragraph. 2, an alien must obtain at least 100 points to get a residence permit under § 9 a paragraph. 2, No. 1
After greencard Order § 2, paragraph. 1, points are awarded for the alien's education. There can be given points for one educational level.
Annex 1 to greencard notice shows among other things, that it is a condition for obtaining credits for education, the alien who holds at least a training level equivalent to a Danish Bachelor's degree / completed between higher education.
It is also clear from Annex 1 to greencard notice that if no awards points for education, the alien does not meet the requirement to obtain at least 100 points in order to be granted a residence permit.
Besides education, points are awarded for the alien language skills, work experience, adaptability and age.
Justification
We have to determine emphasized that you do not get the 100 points required for obtaining a residence permit under § 9 a paragraph. 2, No. 1, Executive Order No. 640 of 25 June 2008 on the greencard scheme points.
You have completed a 2-year Master of Science, Electronic Commerce (120 ECTS) from Luleå Technical University, Sweden, therefore you are awarded 60 points for education.
In order to obtain bonus points for a study program included in the positive list, the education requirement on the positive list to be fulfilled. There will also be an education that is directly related to a specific position under the positive list. We do not find that your training in electronic commerce attached to a position subject to the then current or positive. Thereby resulting in no bonus points for a study program included in the positive list.
When your work in the position of Research Manager is not included in the positive list, you will be awarded any points for work experience in the areas covered by then in force or existing positive. We thus focused on the description of your duties and positions in management in the positive list requires possession of directors, which we do not find that you are in possession.
You do not have documented at least 3 years of full-time work within the last 5 years, therefore you are awarded no points for other work experience.
It appears from the attached documentation from Luleå University that your education was in English. Therefore, you are awarded 20 points for language proficiency.
You have not had legal residence and employment and / or completed higher education in an EU / EEA country or Switzerland, therefore you are awarded any points for adaptability.
You were at the time of application under 35 years old, therefore you are awarded 15 points for age.
You thus achieving a total of 95 points. We can not give you a residence permit in Denmark.
You can appeal against that decision to the Immigration Board, Adelgade 11, 1304 Copenhagen K, E-mail:
udln@udln.dk
If you want to complain, complain later than 8 weeks from when you received the decision.
You must create a new case ordering ID to use in the appeal, and you must also be at least simultaneously with the complaint pay a fee of DKK 780th
The fee refunded if you get totally or partially successful in your complaint. You must therefore also in connection with a complaint specify which full discharge of the repayment of the appeal fee should this become an issue.
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