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Looking for help.!

: 19.07.2011 20:49:43
af alog
Hello.

first of all greetings to all who make this site as useful for people who have questions about these issues.

I am a Mexican citizen who is married to a Danish citizen, just moved with my wife to the city of Malmö in Sweden. I have some information about this and the next step is to apply for a residence card using the rules of the eu, my wife already has a Swedish social security number, so I have a few questions to ask.

What paperwork needs to be done to obtain a residence card?

How long does this procedure takes?

It is true that I can not leave Sweden wile the residence card is in the process?

I would greatly appreciate your answers, I'm sure they will be very useful.

Re: Looking for help.!

: 19.07.2011 20:58:15
af skaanebo
The documentation your spouse should hand in depends on whether he/she is working in Sweden or not. He/She can read about it on this site under the menu to the top right corner "Jeg vil ..."

If you don't have a valid Schengen visa or have stayed in the Schengen area for more than 3 months, you cannot travel around Schengen area freely. You can do that only when you are in posession of a residence card.

Re: Looking for help.!

: 19.07.2011 21:17:00
af alog
thanks for the quick response!

my wife is studying in Copenhagen, she travels every day there, she does not work in Sweden.

You think this will make the processed more complicated?

another question, I was planning to visit a friend in Oslo. What do you think is better, to apply for the residence or wait and do it after the trip?

Re: Looking for help.!

: 19.07.2011 21:34:43
af skaanebo
alog skrev: my wife is studying in Copenhagen, she travels every day there, she does not work in Sweden.

You think this will make the processed more complicated?
Yes there will be more requirements and documentation needed to prove that she is then "a person with sufficient funds".
alog skrev:
another question, I was planning to visit a friend in Oslo. What do you think is better, to apply for the residence or wait and do it after the trip?
That depends if you have stayed more than 3 months in Schengen already or are in a posession of a valid visa at present? If you do not have a valid visa at the moment or have stayed in Schengen more than 90 days already then you cannot enter any other Schengen state legally and will have to stay put in Sweden until you get a Swedish residence card that will enable you to travel around the Schengen area for up to 90 days in each country.

Re: Looking for help.!

: 19.07.2011 21:52:53
af alog
Well I treveled to denmark last year from the 16th of october 2010 to the 5th of january 2011 as a turist. This time i've only been here for 3 weeks, I was plannig to apply for the residence card and then go to norway for two weeks.

Do you think that is a bad idea to do ?

Re: Looking for help.!

: 19.07.2011 22:11:59
af skaanebo
Correct me if I'm wrong but Mexicans don't need a visa to enter Schengen, do they?

In that case and if you have been here for just 3 weeks (21 days), you can stay another 69 days before you will have to hand in your application for a residence card. In other words, as long as you have not overstayed the 90 days limit you can travel freely around the Schengen area.

Re: Looking for help.!

: 20.07.2011 15:52:09
af alog
No you're right mexican citizens don't need a visa to move around scandinavia.Thank you for your help, no doubt the information was very useful for me.

one last thing.Do you know how long it takes the process for a residence card?

once again thanks and greetings.

Re: Looking for help.!

: 20.07.2011 18:01:23
af fundiver199
The processing of a residence card might legally take up to 6 month but is usually done much faster than that. Mostly these cases tend to drag out, if there can be great uncertainty as to weather or not the basic requirements for having a right to residence are met. Which might be the case, if the union citizen on which the right is based (your spouse) has a very shaky and uncertain financial situation, or if he/she has not had the marriage registrered with the proper authorities is his/her home country etc.

Please note also, that if you do have a right to residence, because the basic criteria are met, then neither the right to residence nor any of the associated right eg. the right to work is dependent on your possession of a residence card or any other papers, that are to be issued by the authorities in your country of residence.

The authorities can therefore not deprive you of any rights simply by being slow to issue a residence card. The sole purpose of the residence card is to make it easier for you to document, that you have a right to residence in Sweden as well as all the rights, that are associated with that.

Re: Looking for help.!

: 22.07.2011 12:22:32
af alog
excellent information.

thank you very much. greetings!