Apply for residence permit in Sweden: steps list

This forum is dedicated to all our English-speaking members.
Please feel free to ask your questions here!
colombianboy
Indlæg: 14
Tilmeldt: 01.06.2017 11:32:38

Re: Apply for residence permit in Sweden: steps list

Indlæg af colombianboy » 18.08.2017 17:24:44

I have a current difficult situation regarding my migration status. My husband and I wants to apply to residence card under de EU Rules, (He is Danish, I'm from Colombia).

We have recently moved to Malmö and had filled the application for register at the tax agency (Skatteverket) as a Nordic citizen (my husband) and as a Spouse/Partner of EU citizen (me).

We are still waiting for answer from the Tax agency to get the Swedish personal number but they are so slow (specially in summer) then request our European Health Insurance Cards (EHIC) to Borger Service in Denmark.

My husband works in Copenhagen Airport and commutes everyday to Malmö. but we still don't have all the documents we need to apply for the residence card for me.

The problem is that my free visa 90 days will expire on 27th of August and as far as I know I won't be able to apply for residence card if I have exceded this free visa period.

At the moment we have the following documents to apply:
1. Marriage certificate.
2. The pages of your passport showing your personal data and period of validity.
My husband is an employee in Denmark (commuter worker).
3. Proof of employment, no more than three months old.
4. Information about your housing costs in Sweden:
• A lease showing how much rent you are paying.
My husband’s maintenance comes from a salary abroad, so we enclose:
The last three monthly wage payslips.
• Receipts for costs associated with commuting to the other country. We also can enclose a copy of of commuter pass.
We are still waiting to meet with this requirement:
Proof that you are covered by the social insurance system in another EU country (EHIC).
- If you cannot obtain such proof, you must sign a comprehensive health insurance policy for the time that you reside in Sweden and enclose a copy (I have a travel insurance covering for the next three months but I'm sure it's not enough to meet with the requirements).

Can we apply to residence card and submit the rest of documentation in the next weeks?
or
Should I apply for extension visitors permit meanwhile we get all the documents needed to apply?
or
Can I apply for the residence card in another EU Country (non-schengen) even if I'm not resident?

in less than a week I have to leave the country if I can't apply and that's make me desperate, coming back to Colombia is not an option now, due to costs and different time zones to connect (we're very tied each other).

mh1
Indlæg: 10609
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Apply for residence permit in Sweden: steps list

Indlæg af mh1 » 18.08.2017 20:35:30

When you are using the EU-rules, it does not matter whether your visa is expired or not. And anyway it is not possible to get an extension, so don't bother to try.

Your husband should be getting his personal number soon. Then things will begin to move, still slowly though.
mh
Rådgiver for ÆUG

skaanebo
Indlæg: 12137
Tilmeldt: 09.06.2007 19:00:10

Re: Apply for residence permit in Sweden: steps list

Indlæg af skaanebo » 19.08.2017 17:31:21

As mh writes, simply be patient. Your legal status in Sweden will not be affected later on by being illegally in Sweden for a few days or a few weeks. You cannot do anything without the proper documentation so you just have to wait for the paperwork to be done before you can apply for a residence card in Sweden.

colombianboy
Indlæg: 14
Tilmeldt: 01.06.2017 11:32:38

Re: Apply for residence permit in Sweden: steps list

Indlæg af colombianboy » 28.08.2017 20:03:08

Today it was a bad day, Skatteverket rejects my husband application to ge his personal number in Sweden

They said, he cannot prove that he's really living in Sweden, we've sent:

1.Commuter card.
2. Receipts of transport.
3. Lease contract for the apartment.
4. Work contract.
5. 3 last monthly payslips from his work (he works in CPH airport).

They said, why you want to live in Sweden and not in your country? why you don't stay in the apartment in Copenhagen.

My husband keeps renting the apartment in Copenhagen because he needs to stay one night per week for his church choir rehearsals. He cannot get rid of the apartment in Copenhagen at all.

There's any way to appeal? There's any other instance he can submit his case to any EU authority?.

We don't know what to do and we really want to stay together in Sweden.

skaanebo
Indlæg: 12137
Tilmeldt: 09.06.2007 19:00:10

Re: Apply for residence permit in Sweden: steps list

Indlæg af skaanebo » 28.08.2017 20:19:51

Sorry to say but your husband ought to have read up on the guidelines more carefully. He cannot have an apartment in Copenhagen that he regularly visits and sleeps in while maintaining that he actually lives in Malmö.

The apartment in Copenhagen has to be sold, to be sublet or got rid of. Simple as that.

And really, when you think of it, there is only 30 minutes between Malmö and Copenhagen. How difficult is it really to get back to Malmö to sleep? Not difficult at all. The decision by the Swedish authorities is therefore a correct one.

By the way, why is it you and not your husband that keeps writing on this forum? All the information given here is in Danish. He ought to have read it.

colombianboy
Indlæg: 14
Tilmeldt: 01.06.2017 11:32:38

Re: Apply for residence permit in Sweden: steps list

Indlæg af colombianboy » 29.08.2017 09:25:14

We haven't considered to sublet the apartment in Denmark because the rent is so cheap, he has been living on this apartment last 15 years.

That's a very difficult question.

My husband is a very introvert person, he don't like to communicate with other persons, he's too shy and that's why he's so connected with me, he doesn't even have social networks neither smartphone. So that's why I'm doing all the questions and asking because when we have been visiting these bureaucrat offices he barely speaks.

Now we're coming back to the tax agency to appeal and add more proofs of living in Sweden, but if they don't accept it I have to leave the country and probably I won't be able to apply for a long time.

skaanebo
Indlæg: 12137
Tilmeldt: 09.06.2007 19:00:10

Re: Apply for residence permit in Sweden: steps list

Indlæg af skaanebo » 29.08.2017 10:01:25

Your husband has really put you in a bad spot by keeping an apartment in Denmark because now your visa has most likely expired and you are in fact illegally in Sweden. Should you decide to go back to Colombia now, you will most likely be registered in the SIS database and unable to obtain a new regular visa for Schengen as you have overstayed your current visa.

Most likely, the apartment in Denmark also comes with "bopælspligt", that means the tenant must be registered at the people's registry in order to keep the apartment. So if your husband tries to register his address in Sweden, he cannot legally keep the apartment in Denmark. He has to get rid of it.

And really, there is no point in appealing to the Swedish authorities until he has done so.

colombianboy
Indlæg: 14
Tilmeldt: 01.06.2017 11:32:38

Re: Apply for residence permit in Sweden: steps list

Indlæg af colombianboy » 29.08.2017 17:30:32

What if he sublet the apartment to other person?

it counts as someone is living there instead of him?

skaanebo
Indlæg: 12137
Tilmeldt: 09.06.2007 19:00:10

Re: Apply for residence permit in Sweden: steps list

Indlæg af skaanebo » 29.08.2017 17:45:46

Yes, to sublet might work but:

1. He needs permission from the housing agency to sublet the apartment. And usually they only give permission if it's due to work or studies abroad for a specific and limited time.

2. Even if he sublets, he will still need to convince Skatteverket that he actually lives in malmö and not in Copenhagen. That means they might require to see proofs such as having hired a moving company to bring all his stuff from Copenhagen to malmö, and changing the name on all bills related to the apartment in Copenhagen such as gas, electricity, internet etc. into the name of the new tenant he sublets to.

Besvar