Eu Right(Free movement)

[skaanebo]

No. If Danish authorities reject and you then move to Sweden, your spouse doesn't have any legal residency and will be asked to leave Sweden.

He can then apply under Swedish laws from his home country.

[mh1]

No - if the Danish authorities do not believe that you qualify as an EU-worker using your right of free movement, it is highly unlikely that the Swedish would. They are not bound by the Danish evaluation, but they might very well come to the same conclusion.

[Roland15]

So the best thing to do is to go home and appky for residence visa in country of origin . I am just only affraid that it will take a long time for the processing of residence visa.

[Roland15]

I dont want him to go home since I will miss him that much

[skaanebo]

If you move to Denmark it isn't that difficult as long as you actually set up a home in Denmark and commute daily to work in malmö.

It's only if you try to bend corners and don't actually intend to live in Denmark that you risk to get into trouble.

In any case, there is no "easy" and fast solution. You need to stay in Denmark up to 8 months before your spouse will be issued a Danish residence card. And then you can move back to Sweden.

[fundiver199]

Since the only problem is the expected long processing time of an application in Sweden, it is probably best to just stay, where you are, and accept to wait. Reportedly Migrationsverket has hired 1.000 new employés, so processing times should at least be on the decline and might not be as long as feared.

However if you still want to go on with the plan of moving to Denmark for a while, there is no problem in subrenting (fremudleje) your house in Sweden, while you rent another place to stay in Denmark. And in principle you could move back to Sweden after 3-4 month and then apply for an EU-residence card for your spouse there, even though a danish EU-residence card has not yet been issued.

The only benefit however would be, that you spend the waiting time together, since the total waiting time would be even longer, before the paper work in Sweden is completed. And in reality it will be difficult for your spouse to have an active life during this period of waiting, although he theoretically has the right to work from day 1.

It will also cost quite a lot of money, and perhaps that money is better spend for some plane tickets, so you can visit your spouse, when you have vacation.

[Roland15]

Thanks a lot for giving me some ideas, i think i will let him go and apply for residence in the country of origin, I will just pray that it will not that be long for waiting. They said applying online is the most fastest way , can you please tell me what to do again . . there are so many things to do they said.. I hope tou can help me with this. Thanks

[skaanebo]

If you apply using Swedish rules and not EU rules it is actually quite straight forward and easily explained at the website of the Swedish Migration Board. And yes, online application is the fastest. Still processing time may take up to one year depending on how fast/slow they work.

[Roland15]

Thanks a lot for the help . Now he is goin home and apply on his country..