Moved to Sweden for family reunification/residence permit

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

Moved to Sweden for family reunification/residence permit

Indlæg af bsoren » 13.09.2019 20:12:52

Hello,
Here is our situation in short:
Our family reunification application in DK got denied a while ago and my Danish wife our baby and I moved to Sweden. I overstayed my visa in the process but we managed to successfully cross the border into Sweden (According to the EU directive 2004/38/EC & Alien's Act 2005:716). So we are all in Sweden now and my wife recently received her Swedish personal id number.

As far as I know, being married to a Nordic citizen we have the options to either apply for a Residence Permit (based on Swedish rules) or a Residence Card (EU laws), but since we have been married for more than 2 years and have a baby together, it is in our best interest to apply for a SE Residence Permit and hopefully receive a permanent residence permit. The point is though that currently I don't have a valid visa but on the other hand being the spouse of an EU citizen who is exercising her right of free movement makes me a legal alien in the country.

So my question is this: Is it legally possible for us to apply for the residence permit based on the Swedish rules from inside Sweden, despite the fact that I don't have a valid visa at the moment? Or are we legally limited to applying based on the EU rules from within Sweden?

PS: I read that the spouse is exempt from the "apply from outside Sweden" main rule when it comes to applying for a residence permit. Aliens Act (2005:716) Chapter 5, Section 18, Point 5.

Best Regards.

skaanebo
Indlæg: 11475
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Re: Moved to Sweden for family reunification/residence permit

Indlæg af skaanebo » 13.09.2019 21:29:22

I have already answered this question in another thread. Please do not post the same question in several different threads. You will only receive one answer.

bsoren
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Re: Moved to Sweden for family reunification/residence permit

Indlæg af bsoren » 13.09.2019 22:48:59

skaanebo skrev:
13.09.2019 21:29:22
I have already answered this question in another thread. Please do not post the same question in several different threads. You will only receive one answer.
The reason I posted this thread was to provide a clearer idea about our issue and give some explanation about our situation in a dedicated thread for future reference of the people in this same situation.

In the other thread you wrote that we should first apply under the EU rules in order to instantly become a legal immigrant and then apply under the Swedish rules after that, if we wish to do so. Do you mean that we can apply and have both the EU and SE National Res. Permit cases ongoing simultaneously?
I remember that I read somewhere (can't recall where it was now) that one can only have one ongoing Residency Case in the Migrationsverket and even a visa application at the time of the decision could result in the refusal of the residency case. :?

So when it says in the Migrationsverket that a Nordic citizen's spouse is able to apply under the SE National laws from within Sweden, it has a hidden condition and that is to have a valid form of permit to be in the country, is that correct? This is the point that I could not find anywhere, even asked the Migrationsverket and they did not give me a straight answer.

Cheers.

skaanebo
Indlæg: 11475
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Re: Moved to Sweden for family reunification/residence permit

Indlæg af skaanebo » 14.09.2019 06:53:46

Yes, you can obtain both. And the residence card will not have to be issued before you can apply for a residence permit, you just need to have applied. So it can all be done in a matter of seconds, mind you it is likely different departments of Migrationsverket that process each of these.

Yes, under Swedish law you can only apply if youmeet certain criteria:

Either you already hold some kind of residence permit or you can apply because of a humanitarian situation (e.g. being pregnant or too ill to return to one’s home country to apply)

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

Re: Moved to Sweden for family reunification/residence permit

Indlæg af bsoren » 14.09.2019 09:35:18

Thank you, I get it now. Its a relief to know what to do and that we can do that. :-)

One last question if you happen to know how it works. My wife has a job and we are quite self sufficient so there is absolutely no problem in terms of Maintenance Requirement. But my wife is going to continue her studies come January and may have to stop her job to focus on her studies (we won't need public assistance then either but its a concern). Do you happen to know if there would be follow ups mid process by the Migrationsverket after we apply and provide all the necessary documents? She works and will study in DK.

Have a great weekend.

skaanebo
Indlæg: 11475
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Re: Moved to Sweden for family reunification/residence permit

Indlæg af skaanebo » 15.09.2019 08:19:26

It will likely complicate matters if your wife wants to live in Sweden and work in Denmark. It means she will not be covered by Swedish public health insurance. It also means she will need too obtain/renew a Danish work permit.

Migrationsverket will follow up if any documents are missing, and processing times are slow so don’t be surprised if you get a letter requiring new documents half a year later. They also follow up once it is time to apply for permanent residence.

bsoren
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Re: Moved to Sweden for family reunification/residence permit

Indlæg af bsoren » 15.09.2019 09:31:31

A bit of a mix up here I guess. Wife is Danish, as I wrote in the first message. I am the non-EU spouse. She got her Swedish personnummer very recently.

The education leave is a temporary thing. Its her last year in university and wants to stop the job to focus on her studies. I was just wondering if we are obligated to report the change if her income drops due to switching to the SU for a few months. Although we have sufficient savings and will not rely on any public assistance, so the case and the right of residence should remain intact?

skaanebo
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Re: Moved to Sweden for family reunification/residence permit

Indlæg af skaanebo » 15.09.2019 14:26:03

Right, so many different threads on the same topic just confuses the reader.

As a Dane, your wife can work and study as she pleases.

After 5 years you will be asked to prove you qualify for permanent residence and have been able to fulfill the criteria for the past 5 years.

bsoren
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Tilmeldt: 13.09.2019 19:20:48

Re: Moved to Sweden for family reunification/residence permit

Indlæg af bsoren » 01.10.2019 22:08:23

skaanebo skrev:
14.09.2019 06:53:46
Yes, you can obtain both. And the residence card will not have to be issued before you can apply for a residence permit, you just need to have applied. So it can all be done in a matter of seconds, mind you it is likely different departments of Migrationsverket that process each of these.
Hello again dear Skaanebo,
I am exercising your advice. Just sent in my EU Residence Card application a few days ago by post. I still have not gotten any confirmation receipts from the MV to show that they have received my application though. As you have suggested above, I am going to apply for a Residence Permit now at the same time, although I have came across a hiccup or sort:

I tried and failed to apply online. Because the online form needs me to choose a Swedish Embassy (probably for interview, biometrics etc.) but I am already in Sweden and there is no other choice to skip this section and move forward with the online application. So I suppose applying online is NOT the way to go for me who is here in Sweden already. So I am filling out forms to send them in by post now. Couple of concerns though:

-- Do I have to wait for the MV to send me a confirmation letter or something for Residence Card application, in order to include it in the documents that I am manually sending to MV for Residence permit?

-- In the form, I have multiple choices as to why I am moving to Sweden. f.eks.: Moving to my partner and/or I have children under 18 who live in Sweden. Should I choose the one or both options that apply to me? could it affect the processing time and the decision on the case if I checked both?

Thank you.

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

Re: Moved to Sweden for family reunification/residence permit

Indlæg af skaanebo » 02.10.2019 09:48:31

I think most people apply for EU residence card in person, and then they will usually receive a receipt on the spot or by mail after a few days.

You cannot apply online under national Swedish laws. If I were you, I would wait for the receipt to arrive before applying under national Swedish laws.

Once you have the receipt you can also go to Skatteverket and register in the people's registry, thus obtaining a personal number. This will also come in handy when you apply under national Swedish laws.

Reason for moving would be to join your family.

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

Re: Moved to Sweden for family reunification/residence permit

Indlæg af bsoren » 09.10.2019 11:29:29

UPDATE:

I just received a decision for my EU residence card application. Been granted a 5 years residence card. It took about 16 days!!! Can't believe it myself.

To Summarise my application steps:
- Been married for a few years with a kid.
- Have job and sufficient funds in the Bank.
- Took out a health insurance from APRIL International. Plan name is 'International Plus'. I chose a 15.000 EUR excess with it! :P
- Sent my application to Malmo permit office by post.

Hope all works out for everyone. :)

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