moving to sweden

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govindudu
Indlæg: 42
Tilmeldt: 23.10.2014 04:14:24

moving to sweden

Indlæg af govindudu » 26.08.2015 07:48:35

Hi everybody

I have one question regarding moving to Sweden with danish cohabitant.

I am a non EU living in Denmark with my danish girlfriend for past 4 yrs in Denmark.we are not married and we have 2 kids together to whom we share the custody.i lived in Denmark on work permit for 3.5 yrs and later converted to Family Reunification.since 1 yr i am on Family reunification permit.My girl friend is Unemployed now and i am studying a masters degree in DTU. i have applied for PR recently and waiting for result. if i don't get PR now and my girl friend end up on Kontant help mean time then i risk of getting extension forget about PR:-)
in that case i am concerned to move Lund or some whrere in Sweden.my question is can my GF can move Sweden even she is unemployed?and what about me, do i move with her and apply for Residence Permit with swedish rules? mean time can i work there?
i hope somebody will clear my doubts.


thanks& regards
govindudu

skaanebo
Indlæg: 11475
Tilmeldt: 09.06.2007 19:00:10

Re: moving to sweden

Indlæg af skaanebo » 26.08.2015 08:22:15

If your gf is in risk of having to apply for social help, I assume she does not have any funds to move to Sweden as a "person with sufficient funds". That means you can't use EU laws. If she manages to find a job in Sweden (or a job in Denmark and then commute between Sweden and Denmark daily), she can.

But you can apply under national Swedish rules. The problem is that you are supposed to hand in your application from your home country or Denmark where you currently live while your gf must move to Sweden and you can then follow later, once the application has been approved. And that might take 12 months or longer.

In the meanwhile, you risk losing your Danish residence permit as you don't fulfill the requirements of cohabiting any more in Denmark. So this is not as easy as it sounds.

If you choose this option, you will only be allowed to work in Sweden, not in Denmark.

govindudu
Indlæg: 42
Tilmeldt: 23.10.2014 04:14:24

Re: moving to sweden

Indlæg af govindudu » 26.08.2015 09:12:53

i have read in migrationsverket that if you are already living together as a family you can join your partner immediately. since we already living in Denmark as a family and i won't need visa to enter Sweden.in that case they mentioned i can hand in my application.

skaanebo
Indlæg: 11475
Tilmeldt: 09.06.2007 19:00:10

Re: moving to sweden

Indlæg af skaanebo » 26.08.2015 09:21:40

You can join the partner immediately if you use EU laws.

bsoren
Indlæg: 19
Tilmeldt: 13.09.2019 19:20:48

Re: moving to sweden

Indlæg af bsoren » 13.09.2019 19:26:39

Hello Skaanebo,
I was reading this thread and your replies. I am almost in a same situation and noted that in the Migrationsverket's website and the Aliens Act 2005:716 (Chapter, Section 18, Point 5) it exempts the spouse/cohabiting partners from this "apply from outside the Sweden" main rule. I am confused and no one from the migrationsverket seems to have a clear idea about this exemption. Do you happen to have any updated information on it? Thanks.

skaanebo
Indlæg: 11475
Tilmeldt: 09.06.2007 19:00:10

Re: moving to sweden

Indlæg af skaanebo » 13.09.2019 20:05:51

If you are Danish, your partner can apply while in Sweden since you are covered by EU laws. This also apply if you decide to also apply under natuonal Swedish law.

bsoren
Indlæg: 19
Tilmeldt: 13.09.2019 19:20:48

Re: moving to sweden

Indlæg af bsoren » 13.09.2019 20:23:18

Thank you for the reply. I just opened a new topic here and explained our situation in more detail, hopefully it helps me and others here.
Just to be clear; A Danish national and the none EU spouse can apply for residence permit (based on Swedish national laws) from within Sweden regardless of the non-EU spouse's residency status (expired residency or visa)? if yes that'd be such a relief lol

Thanks a million for your time.

skaanebo
Indlæg: 11475
Tilmeldt: 09.06.2007 19:00:10

Re: moving to sweden

Indlæg af skaanebo » 13.09.2019 21:31:47

No, the reason an illegal immigrant married to an EU citizen can apply under Swedish rules while in Sweden is exactly because you would need to apply under EU rules first as these make the illegal stay legal in the same second that you apply for it. It means that in 1 second you apply under EU rules, you gain instant legal rights in Sweden as a resident. In 2 seconds, you can then also apply under Swedish national laws. Point is you can obtain both a residence card under EU laws and a residence permit under Swedish laws.

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