Ægteskabudengrænser.dk

Hi all,

I am Brazilian and my boyfriend is a Danish national. We met in 2014 in Brazil while he was on vacations. We have a relationship for almost two years, in which we've been going back and forth to see each other. I went to visit him in Denmark two times and he came to Brazil around 5 times to see me. We also went to Chile together, so we have enough proof of a real relationship.

We are thinking of getting married so that we can finally be together, but the Danish laws for family reunification say that I would have to be 24 to be granted that right. I am now 22 and only turn 24 in 2019. We wouldn't like to wait that long. I read some topics about getting married in Sweden in order to file for family reunification under EU law. But how does that work really? I read that my boyfriend would have to have a permanent address in Sweden.

1) Can we marry in Sweden if he's renting an apartment there while still working in Denmark?

2) How long would we have to stay in Sweden until we could move back to Denmark?

1. Yes

2. 3 months.

Hello,

Thanks for your answer! After having read more about it, I have more questions:

1. Is it mandatory that he either studies or works in Sweden for this to work?

2. As I am only allowed to stay 3 months on the Schengen Visa, could I stay longer after the marriage while waiting for the residence card? If yes, what would be my rights while waiting? How long would it take in average for the residence card to be issued?

3. Can we move back to Denmark without having my residence card from Sweden? If yes, do I have to reapply for a Danish residence card? If yes, how long would that take and what would my rights be?

4. To prove that we have been living together in Sweden, I am aware we should have bills with our names on it in the addresses. However, how could I obtain a bill to this address when I'm on a tourist visa incapable of working or even having a bank account from there?

5. And just to confirm: by marrying in Sweden and asking for reunification in Denmark, I am exempt from the 24 year old rule, correct?

6. Would it be possible that our marriage is accused as being a "marriage of convenience" since authorities will see that I was living with him on a tourist visa for three months and could therefore assume we're marrying for a visa?

Sorry for so many questions! Thank you so much!!

1. No.

2. Once you have handed in your application for a residence card, you gain all rights as a resident in Sweden and can also apply to be registered at the people's registry. So there is no issue of being illegal in Sweden. The only problem is that you cannot travel in or out of Sweden before you have obtained your residence card. And that might take up to 6 months to be issued.

3. Yes, you must apply for a Danish residence card if you wish to live in Denmark. The process is exactly the same as in Sweden since it's the same in all of EU/EEA.

4. Confer to my answer in point 2.

5. Yes, none of the national Danish rules apply to EU law.

6. No.

Thank you again!

One thing wasn't clear to me though: so I don't have to have a Swedish residence card to move back to Denmark under EU law?

Let's say: we marry in Sweden on my tourist visa and we must live together for three months there for us to be eligible to move to Denmark under the EU law. So we live in Sweden together for these three months (by the end of which my visa expires). So say we move back to Denmark on the 90th day of our stay and I apply for a residence card there in DK.

Is that how it should work?

Yes, that's how it works.