Side 1 af 2

Eu Right(Free movement)

: 06.02.2015 22:32:29
af Roland15
Hello, Please dear readers help me to solve with this problem I have, Got married with a filipino and his visa will expire on april 5 ,2015 as i have heared I have the right to move in any places using EU rules, some says I can move to Denmark , lets say. I WILL move to DK,what shall I do as an EU, what shall he do as a non EU, please do help me with this give me advice. Thanks a lot :)

Re: Eu Right(Free movement)

: 07.02.2015 05:41:25
af skaanebo
You simply move to another EU or EEA country or Switzerland (it cannot be your own country) and bring along your spouse. You register with a proper address and obtain a registration document from the relevant authorities for yourself. Your spouse should apply for a so-called residence card. Once the application has been handed in, your spouse has the legal residency already, even he/she doesn't have the card itself yet. So it's really quite simple. You do need to consider the financial side of the move, though. Most people would get a job in the country they move to. If you don't work, you need to be a student at a local institution, a pensioner, or a person with "sufficient funds" which usually means you must be able to upkeep yourself and your spouse for at least the coming year.

Re: Eu Right(Free movement)

: 07.02.2015 17:56:52
af mh1
You can read about in in English here:
http://europa.eu/youreurope/citizens/re ... dex_en.htm

Re: Eu Right(Free movement)

: 07.02.2015 19:49:54
af Roland15
Thanks for your reply guYs, I am working in malmo . Full time worker as a patient transporter is that okay ? To live in DK and work in malmö? Residence card or a residence visa ? I thought residence card is only for EU citizens ? shall I also register in stasprovaltning? Financial ? does that mean that I also have to show a money same as in Danish rule ? Thanks for reply again :)

Re: Eu Right(Free movement)

: 07.02.2015 21:41:17
af mh1
What is your citizenship?

If you're Swedish or some other EU-citizen, yes you can move to DK and keep your job in Sweden. To show Statsforvaltningen that you have a right to be registered as EU-citizen you can show your job-contract and/or last 3 month's payslips. If you are Swedish or have other Nordic citizenship you do not have to register as an EU-citizen (Nordic rules). You can simply go to Borgerservice and have your address registered.

Your spouse will have to register as spouse of an EU-citizen, and can do so without you being registered as such, but it will probably make things easier if you register as well.

Re: Eu Right(Free movement)

: 07.02.2015 22:35:18
af Roland15
Here is our plan , in march together with him , we move in denmark, he is now here in sweden having an extension of tourist visa and will expire on april 5 this year, we are married so we must bring our marriage certificate, so the first mive is to go in borgerservice as u said and in statsprovaltning ? Yes i am a swedish cit. , can u please guide me and tell me what to do. All my mind now is so empty thinking of maby things. Please help us. Thanks a lot .

Re: Eu Right(Free movement)

: 08.02.2015 07:24:28
af fundiver199
You register your new danish adress at the danish kommune. Then you go to Statsforvaltningen and apply for EU residence card for your spouse on the grounds, that you are a worker in Denmark and your spouse an accompanying family member.

Because you are a nordic citizen, there is no need for you to optain a EU registration card for yourself, because you have a more general right to reside in Denmark after the nordic convention, which predates our membership of EU.

However Statsforvaltningen still need to investigate, if you live up to the conditions, that you were entitled to have such a registration card issued, had you been eg. from Polen or Germany.

This is really simple in your case though, as the proof is simply your danish adress and your work contract and payroll slips, and thats it. If you have a normal job in Denmark, then you are obviously a worker, and then you also have EU residence right.

Working in Denmark and living in Sweden will, as the general rule, NOT give your spouse an EU-residence right in Sweden, so that is not a possible way forward for you. You need to move across the border to activate your EU-citizenship.

Working in Denmark is only enough, if you are effectively prevented from carrying out your work, unless your spouse reside with you in Sweden. That could be the case, if you have odd working hours, and there is no way to have your children taken care of, unless your spouse is there in Sweden to do it.

Re: Eu Right(Free movement)

: 08.02.2015 11:21:34
af Roland15
But i am working in malmö not in denmark. Is that okay for him to obtain a residence card ?

Re: Eu Right(Free movement)

: 08.02.2015 11:30:04
af skaanebo
If you work in another country than the country of residence, you will be considered a "person with sufficient funds". That means in order to obtain a residence card for your spouse you must prove you have enough money to make a living for both of you on an annual basis. Like your Swedish work contract and also prove how you commute between your home and your job.

Re: Eu Right(Free movement)

: 08.02.2015 13:19:41
af Roland15
Are they really going to check everyday my travel from denmark to malmö ?

Re: Eu Right(Free movement)

: 08.02.2015 13:27:30
af skaanebo
Yes, of course. Otherwise it would be very easy to cheat and just rent a small room on paper where you don't actually stay and then just remain in Malmø where you have your life and your work.

So if you intend to drive a car across the bridge, you will have to show registrations of your daily crossings.

If you take the train you will need to show you have a monthly train pass and that the train pass has been paid for by a credit or debit card in your name.

You also need to show proof that you have given up on your previous place of residency in Malmø.

They can also ask to see receipts of buying daily groceries at a supermarket near your home in Denmark, i.e. paid for by a credit or debit card in your name.

Re: Eu Right(Free movement)

: 08.02.2015 13:59:01
af Roland15
i have a house here in sweden but i dont own it alone we are thre paying it , so i couldnt just terminate my ownership that easy .:(

Re: Eu Right(Free movement)

: 08.02.2015 14:07:13
af Roland15
And when are they going to ask for that ? Since when the time we wioo be there that is also the time for us to apply right ? So hoe can they ask for reciept of things which we bought ?

Re: Eu Right(Free movement)

: 08.02.2015 15:56:43
af skaanebo
It's not illegal to own a house in Sweden but you will be especially scrutinized by keeping it as it's the most common way of cheating the authorities, claiming to live in a new place when in fact you still live in your old place. You can sublet your share of the house in Malmø if you don't actually sell it. It's advisable to hire a real moving company and get a receipt from it when you move from Malmø to Copenhagen.

Your spouse doesn't need to hand in the application for a residence card until within 90 days of arriving to Denmark. And in any case, you need to be registered first. The authorities can also write you for additional documentation after having received the application. And in case you intend to move back to Sweden after a few months in Denmark, you will most definitely need clear proof of the above in order for the Swedish authorities to recognize that you have indeed made use of the free movement within the EU.

Re: Eu Right(Free movement)

: 08.02.2015 18:22:37
af Roland15
Hello let us say that when we applied for a residence card un CPH and got rejected and I have really give them all requirements they needed, after the rejected thing can we go back to malmo amd since i had used my right to free movement can he then apply for residence visa here in sweden and not going back home ?