Dear MWB,
We are soon going to Migrationverket to apply for either 1. uppehållskort or 2. uppehållstillstånd.
We need to know which of the two options is more advisable if we are planning to go back to Denmark as soon as possible? and we also want to make sure, that I (the non EU/EEA partner) can study in a EU/EEA country without having to pay application or tuition fees and can get SU during my studies, wich I hope will start in the fall of 2012?
We already got our Swedish cpr numbers, it went fast and almost without problems for us, because my husband is hired by a Swedish company (the contract is for 10 weeks, starting mid december-2011, and he is likely to get more work). When we go back to Denmark he will be working full time in Copenhagen.
My best wishes for all of you for the Christmas and New Year holidays!
Wara
uppehållskort vs uppehållstillstånd
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fundiver199
- Indlæg: 15458
- Tilmeldt: 15.07.2008 15:58:34
Re: uppehållskort vs uppehållstillstånd
If you are planning to move on to Denmark quickly, it really doens`t matter much. But all in all it is better to use the EU-rules, since the chance of getting a quick decision in the matter is then much larger. And it is an advantage, that you have a residence card or residence permit, when you move to Denmark, since otherwise you will need a visa in order to legally enter Denmark, as your 90 days in Schengen will then presumably have expired.
Also when you are planning on using the EU-rules in Denmark, it would seem quite pointless and maybe even confusing to use national swedish rules in Sweden. Regarding your question about studying or receiving study grants, it is completely irrelevant, what kind of papers you had issued in Sweden, when you have already moved on to Denmark.
It is not any kind of papers issued by swedish authorities, that gives you rights in Denmark, it is only the factual curcumstances about yours and your husbands stay there as well as your stay in Denmark.
If you are an accompanying family member of a union citizen taking advantage of the right to free movement in the EU, you are covered by the rights of directive 2004/38 EF. And this includes the right to equal treatment with the host countrys own citizens with only two exceptions:
1) You have no right to receive social benefit during the first 3 month of your stay, even though you situation is such, that you would normally be entitled to it.
2) You only have a right to recieve study grants (in danish: SU), if you are a worker or a family member of a worker or have already required a right to permanent residence after 5 years.
So in conclusion wheather you and your husband settle in Sweden, Denmark, Portugal or Romania, you are allowed to study on equal terms with the citizens of the host country. But you will only be entitled to receive study grants after 5 years or if your husband is working in the country, where you live.
If for instance your husband is working in Germany, you will be entitled to receive study grants for studying in Germany. But not for studying in Austria or Belgium or Denmark, if you are living there, and your husband drives across the border each day in order to get to his workplace in Germany.
Also when you are planning on using the EU-rules in Denmark, it would seem quite pointless and maybe even confusing to use national swedish rules in Sweden. Regarding your question about studying or receiving study grants, it is completely irrelevant, what kind of papers you had issued in Sweden, when you have already moved on to Denmark.
It is not any kind of papers issued by swedish authorities, that gives you rights in Denmark, it is only the factual curcumstances about yours and your husbands stay there as well as your stay in Denmark.
If you are an accompanying family member of a union citizen taking advantage of the right to free movement in the EU, you are covered by the rights of directive 2004/38 EF. And this includes the right to equal treatment with the host countrys own citizens with only two exceptions:
1) You have no right to receive social benefit during the first 3 month of your stay, even though you situation is such, that you would normally be entitled to it.
2) You only have a right to recieve study grants (in danish: SU), if you are a worker or a family member of a worker or have already required a right to permanent residence after 5 years.
So in conclusion wheather you and your husband settle in Sweden, Denmark, Portugal or Romania, you are allowed to study on equal terms with the citizens of the host country. But you will only be entitled to receive study grants after 5 years or if your husband is working in the country, where you live.
If for instance your husband is working in Germany, you will be entitled to receive study grants for studying in Germany. But not for studying in Austria or Belgium or Denmark, if you are living there, and your husband drives across the border each day in order to get to his workplace in Germany.
Re: uppehållskort vs uppehållstillstånd
Hi fundiver199,
Thank you for your reply! I understand now how rules are regarding studies. I don't have more questions, I just want to share on this forum what happened today when we went to Migrationsverket since it may be useful for other couples.
Since today is tuesday, we were allowed to go in and talk to a migrations officer. He was a nice guy that seemed to have good experience in dealing with couples like us.
He told us we could use either Eu rules (uppehållskort) or (uppehållstillstånd) or both if we wanted, so we ended up applying for both...witch now I see it is irrelevant in our case.
What was really surprising, is that he said that today wasn't a busy day and that he could have a decision for our case (the application under EU rules) at the end of the day! and then send the uppehållskort to our address in two days!!! ...this of course, as long as he doesn't need us to give him more documents. We couldn't believe it could be done so fast! and we are crossing our fingers for him not to need more documents.
We are sure that we are being this lucky because my husband is hired by a Swedish company and therefore will be paying taxes in Sweden. As I mentioned on other threats, his job contract came in handy also when we applied for our cpr numbers together, we both got them in 1 week.
The documents we attached for the EU rules application (uppehållskort) are:
- Copies of both our passports, the part that show identity.
- Copy of our international marriage certificate. We married in Denmark and got an international certificate besides the danish certificate.
- Copy of my Cpr number
- Copy of contract for the room we are renting in Malmö (inneboende contract).
- Copy of my husbands job contract, we didn't have any payslips or bank statement showing he had received his salary, but it is a good idea to bring a copy of that too.
For the application under Swedish rules (uppehållstillstånd), he was going to use the same copies as above, but we were missing only one:
- Familiebevis certificate from Skateverket, which is a registration of our marriage in Sweden.
Happy new year for everybody!
Thank you for your reply! I understand now how rules are regarding studies. I don't have more questions, I just want to share on this forum what happened today when we went to Migrationsverket since it may be useful for other couples.
Since today is tuesday, we were allowed to go in and talk to a migrations officer. He was a nice guy that seemed to have good experience in dealing with couples like us.
He told us we could use either Eu rules (uppehållskort) or (uppehållstillstånd) or both if we wanted, so we ended up applying for both...witch now I see it is irrelevant in our case.
What was really surprising, is that he said that today wasn't a busy day and that he could have a decision for our case (the application under EU rules) at the end of the day! and then send the uppehållskort to our address in two days!!! ...this of course, as long as he doesn't need us to give him more documents. We couldn't believe it could be done so fast! and we are crossing our fingers for him not to need more documents.
We are sure that we are being this lucky because my husband is hired by a Swedish company and therefore will be paying taxes in Sweden. As I mentioned on other threats, his job contract came in handy also when we applied for our cpr numbers together, we both got them in 1 week.
The documents we attached for the EU rules application (uppehållskort) are:
- Copies of both our passports, the part that show identity.
- Copy of our international marriage certificate. We married in Denmark and got an international certificate besides the danish certificate.
- Copy of my Cpr number
- Copy of contract for the room we are renting in Malmö (inneboende contract).
- Copy of my husbands job contract, we didn't have any payslips or bank statement showing he had received his salary, but it is a good idea to bring a copy of that too.
For the application under Swedish rules (uppehållstillstånd), he was going to use the same copies as above, but we were missing only one:
- Familiebevis certificate from Skateverket, which is a registration of our marriage in Sweden.
Happy new year for everybody!