My non-EU wife's right to work under EU law

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dk_expat
Indlæg: 3
Tilmeldt: 06.07.2018 03:55:48

My non-EU wife's right to work under EU law

Indlæg af dk_expat » 06.07.2018 04:43:32

Dear all,

My wife (non-EU citizen) and I (DK citizen) are considering moving to Denmark after both being expatriates in Asia for the last six years. We have been married for 3 years.

Due to the benefits of applying for family reunification under EU law, we are considering moving to Sweden prior to submitting our application for reunification under EU law in Denmark.

While we are in Sweden, we are uncertain about of a couple of things and the FAQ on the topic didn't seem to address this explicitly ( http://www.aegteskabudengraenser.dk/raa ... et-EU-land ). Also we are bit worried if everything in the FAQ is still valid since the last update was in 2013 - can anyone confirm that it is still valid?

Our questions are as follows:

1) After we have applied for the residence permit (opholdskort) for my non-EU wife upon arrival in Sweden, we understand that she also has the right to apply for work in Sweden from day one. However, will she also be allowed to work remotely for her current employer in Asia whilst staying in Sweden (provided her current employer agrees to the arrangement)?

2) What is my wife's rights in terms of travelling outside of Sweden and the Schengen zone once she has applied for the residence permit in Sweden? Is she allowed to travel to Asia for e.g. 2 weeks and work at her current employer?

Hope you can help us with answers.

skaanebo
Indlæg: 11576
Tilmeldt: 09.06.2007 19:00:10

Re: My non-EU wife's right to work under EU law

Indlæg af skaanebo » 06.07.2018 07:07:51

If the emplyer is in your wife’s home country or in a country for which your wife holds a valid work permit, of course she is allowed to work there also remotely.

Mind you, once your wife has registered with Skatteverket in Sweden, she must pay Swedish income tax on all her incomes no matter which country they come from.

She can only travel freely in and out of the Schengen zone as long as she holds a valid visa or a valid residence card or residence permit.

dk_expat
Indlæg: 3
Tilmeldt: 06.07.2018 03:55:48

Re: My non-EU wife's right to work under EU law

Indlæg af dk_expat » 06.07.2018 08:21:53

Thank you very much for your answers skaanebo - really appreciate it.
She can only travel freely in and out of the Schengen zone as long as she holds a valid visa or a valid residence card or residence permit.
Alright, so while we wait to receive the residence permit from the Swedish Authorities she is not allowed leave the Schengen zone, but can travel freely within Schengen?

We plan to travel into Sweden with my wife holding a typical Schengen tourist visa. Will that become invalid the moment we apply for a Swedish Resident Card, or can she continue to travel/in out of Schengen whilst waiting to receive the residence permit?

skaanebo
Indlæg: 11576
Tilmeldt: 09.06.2007 19:00:10

Re: My non-EU wife's right to work under EU law

Indlæg af skaanebo » 06.07.2018 09:04:26

No, to cross any border, even within Schengen, she must hold a valid visa or a valid residence card or permit.

The visa she has will remain valid for its duration.

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