Traveling together to Denmark before family reunification?

[tbecerra]

Hello, community.

I have a simple question but I'm going to give you some context to help you understand. I'm married to a Danish citizen (I'm Venezuelan myself, therefore I do not need any visa to enter any Schengen country).

We're living in Sweden, countryside. We've been living here for two months in order to get family reunification under EU law when we return to Denmark. My husband is registered in Skatteverket's (Swedish Tax Agency) system and has the right of residence here. I'm still in the process of getting registered. We have all the documents we need: Valid marriage certificate under Danish law, private health insurance for me, apartment rent contract... You name it.

The situation is, he studies in Denmark and sometimes (about 4 times within a period of 2 months) he has to travel there for final exams and meetings. As far as I understand, I still do not have the right to move (meaning "reside") in Denmark before applying for family reunification, which I do not intend to. I also understand that under EU law I have the right of free movement everywhere in the EU/EEA countries and of course, I have the advantage of not needing visas. I just want to understand my rights.

Can I travel with him to stay in Denmark for only two days while he attends to his exams and then return to Sweden with him, without harming my possibilities of achieving family reunification upon my return to Denmark?

Thanks in advance for your help! We really don't want to be apart.

[skaanebo]

You can travel freely within Schengen for the first 90 days of your arrival to Schengen. After that you can only travel if you hold a valid residence card.

[tbecerra]

You can travel freely within Schengen for the first 90 days of your arrival to Schengen. After that you can only travel if you hold a valid residence card.

I understand this, but the rules change when your EU spouse exercises their right of free movement to another EU/EEA country, which means, as his wife, even after those 90 days in Schengen, I also have right of free movement (even if I needed visas, I have the right of entry). This is according to Directive 2004/38/EC. What we don't know is if it's ok to travel back to Denmark just for a couple of days before getting family reunification under EU law. I cannot find information anywhere and it seems to be a gray area of the law.

[skaanebo]

You can only travel with your wife/husband if you intend to settle in the other country and submit an application for a residence card within 90 days of arrival. Otherwise, no, you cannot travel, even together with your spouse. So you cannot travel simply for fun or holiday. Only for the purpose of moving to the other country.

[tbecerra]

You can only travel with your wife/husband if you intend to settle in the other country and submit an application for a residence card within 90 days of arrival. Otherwise, no, you cannot travel, even together with your spouse. So you cannot travel simply for fun or holiday. Only for the purpose of moving to the other country.

Would it be another story if I got my register number/right of residence in Sweden before we travel to Denmark?

[skaanebo]

You need to have a residence card in order to be able to travel freely within the Schengen states. In order to get it, you have to apply for it at Migrationsverket. And it might take 6 months to get. Meanwhile you are confined to remain in Sweden or leave for a country outside Schengen (but then it can be tricky to get back to Sweden).

[1966]

I need some ideas where I can travel wiht my family this summer. Any recommendations? Where in Denmark?

[Winther]

If you're looking for a place outside Denmark, I’d suggest checking out spots like Central Florida that offer a mix of fun, adventure, and relaxation for family trips. I once took my kids to a resort with glamping and cowboy-themed activities, and they absolutely loved it—it was a nice blend of something new and exciting while still being cozy. There were also some water attractions coming soon, so even more reasons to revisit. If you're curious about a similar destination, you can find resort details here.