Two Non-Eu wants to move to sweden - Please help

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Obs
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Two Non-Eu wants to move to sweden - Please help

Indlæg af Obs » 02.09.2018 10:11:14

Hi guys
Im married for 2 and half years with my wife and we have 1 year old baby who born here in denmark.

My wife came to denmark 15 years ago to reunify to her parents which they are non-eu too(but they are danish citizen now) . So she been here since she is 9 years old and she did all her education here but unfortunately she only has temporary residence and danish alien passport. Yes we know she did wrong to not follow her application to recieve permanent residence all this years but in last few years she tried but the rules changed from 3 years of study to 3 years of full time job.

November last year we applied for family renufication when i arrived here to denmark with family visit visa. After 5 months i recieved rejection and departure date because my wife doesnt have a permanent residence so we appeal the result and i recived right of staying here in denmark till we get the answer of appeal. 4 months passed since that time and we are still waiting for the result of appeal.

My education and job is on positive list but it didnt help. I cant find job in my field because it is a special job and need eu residence first to look for a job in that field so i cant apply for residence according to postive list.

So im thinking about that to move to sweden if our appeal get rejected.

Want to know if it is possible for us to move to sweden when my wife has temporary residence and alien passport of denmark?!

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 02.09.2018 12:42:52

You both start from scratch if you wish to live in Sweden. It won’t matter that your wife has a Dsnish residence permit, everything will come down to having a job offer in Sweden, see migrationsverket.se for requirements.

Obs
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af Obs » 02.09.2018 13:31:38

Can you please explain a little more?! Do you mean that my wife has to apply for work permit there in sweden by having a job offer?! Cant she move to malmo and keep her current job in copenhagen?!

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 02.09.2018 14:17:45

Yes, that’s correct. Once she moves from Denmark she will also lose her residence permit in Denmark. There is no right of free movement for her or you since neither of you are EU citizens.

Obs
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af Obs » 02.09.2018 19:47:43

Then what will happen to her danish alien passport when she lose her danish residence?! Will she be entitled to recieve swedish travel document?!

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 02.09.2018 21:03:09

Yes, she will need to apply for Swedish documents.

Everything considered, I would think twice before moving. Everything would be much easier if she managed to become a Danish citizen first. But it's very risky that you chose to come to Denmark and remain in Denmark while the authorities are processing your application. By doing so, you risk to be entered into the SIS database and given a ban on entering Denmark again if your application is rejected. The safe way to apply is to stay in your home country and apply from there.

Obs
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af Obs » 03.09.2018 08:22:22

But im living here legally on ground of procedural stay while my applicatiin is being proceed then why you says im putting myself in risk of entry ban?! I didnt come here illegaly and immigration gave me right of stay.

At least my wife need to wait for 3 years according the new rules to apply for permanent residence and then danish citizenship. So i dont think it possible for me to be far from my wife and daughter for 3-4 years and wait till she get her permanent residence. Is it possible?!

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 03.09.2018 08:41:41

No, you clearly have misunderstood the whole concept of processual stay. It will only be legal as long as your application is granted. If not, the whole time you have stayed after the expiry of your visa will have been illegal. You do not get any extra days just because you apply for some kind of residence permit, otherwise many people would get extra days in Denmark even though they apply for something they clearly don’t qualify for!

Living apart as a married couple is then your only option. Or your wife could move to your country to live with you there.

Obs
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af Obs » 03.09.2018 11:31:53

Oh dear lord why they didnt explain about this procedural stay on immigration website?! I didnt know if my application get rejected all my procedural stay will considered as illwgal stay!!! Do you have any official source which explain about procedural stay?!

And when you apply for family renufication on the forms they clearly says everyone has the right to live with their family member here in denmark according to european human rights however denmark may apply their special rules so that means i had the right to apply(according the simples rules which they wrote on application forms) and of course they accepted my application and documents when i had a valid visa and they let me stay here then how they can enter my name on entry ban database because of the right of stay which they gave me?!

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 03.09.2018 12:24:44

You can find many stories on this forum about people who have thought exactly like you that they could stay under processual stay. In the end, they got rejected and banned from entering the Schengen zone as a bonus.

It is not advisable to remain in the country unless you are 100 percent sure you fulfil all requirements for a residence permit. Otherwise, the wise move is to apply from your home country or to return to your home country while you visa is still valid and wait for the answer there.

Obs
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af Obs » 03.09.2018 12:58:30

No official source to explain about that?! (unbelieveble what they did to me)

Right now i dont have valid visa what is the wise step?!

And am i banned to enter schengen area if i recieve rejection on my appeal?!
Senest rettet af Obs 03.09.2018 13:05:00, rettet i alt 1 gang.

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 03.09.2018 13:01:23

The laws are not written in English, they are written in Danish and you would need to understand Danish in order to search for the relevant laws in retsinformation.dk

As you have already received one rejection and have appealed the decision, you are likely to receive a final rejection and consequently be banned from entering Schengen area again in the forseeable future.

Wise move would be for you to consider your options. That might involve talking to a legal adviser.

If there are any special options for you also depends on the citizenship of yourself and your wife. You have not told us that yet.

Obs
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af Obs » 03.09.2018 13:15:06

Unbelieble what i have been thru since last year i stayed here!!!


Am i allowed to apply for asylum after having the final rejection?

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 03.09.2018 13:26:09

If asylum is even a remote possibility, you really ought to have applied the moment you reached Danish soil. Trying to apply asylum after such a long time would indicate that you are not in any acute danger and consequently will likely end in a rejection. Of course you can do it but again, not applying immediately indicates that you are not facing any acute danger and therefore will be hopeless to do and just a waste of time.
Senest rettet af skaanebo 03.09.2018 13:39:23, rettet i alt 1 gang.

skaanebo
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Re: Two Non-Eu wants to move to sweden - Please help

Indlæg af skaanebo » 03.09.2018 13:38:50

My advice is for you to seek legal council, something you ought to have done even before applying as your case is clearly not that straight forward.

Besvar
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