Ægteskabudengrænser.dk

First of all thank you for creating such a wonderful site.

I came to Sweden to live with my danish wife and eventually go back to Denmark. I applied for my recidense card the 18 of august 2011 and I still haven't got it, this has made our time in Sweden really hard I been looking for jobs but still can't find anything. Yesterday my still wife told me that she cant deal with this situation anymore so she's going back to Denmark obviously I can't go with her so I'll have to go back to my country but the thing is that I left everything to persuit this dream I don't have anything back in my country.My question is:

Is there something I can do to be able to stay in Sweden even if I'm not living with this woman anymore?

I would really appreciate your advice.Thanks

Actually you can go with your wife to Denmark using the same EU-rules, that you are using in Sweden. We describe this under "jeg vil..... flytte tilbage til Danmark". But it sounds like, you have problems in your relationsship and not just with the authorities. And these problems, of course, we can`t do much to help you solve. As for living in Sweden on your own, please refer to:

www.migrationsverket.se

for a describtion of the swedish rules for immigration. You will of course need to apply after the same rules as everybody else, since you have only lived in Sweden for a very short time, and have not yet formed any ties with the swedish society at all. But if you can find a job in Sweden, or would like to study and can pay for this, it might be possible.

Thank you for the answer.

Another question. I applied to study in Malmo university my question is:

If I get accepted to study. Would that be enough to be able to stay even if my relationship comes to an end ?

You can read about the conditions here:
http://www.studyinsweden.se/How-To-Appl ... and-costs/

Thus it is clear that unless you applied to a phd-program where there is no tuition fee, you have to either have a lot of money in the bank (at least 100.000 SKR/year + living expenses), or you have to win a scholarship somehow.

If you cannot show sufficient economic funds, you will not be given a residence permit.

prole89 skrev:First of all thank you for creating such a wonderful site.

I came to Sweden to live with my danish wife and eventually go back to Denmark. I applied for my recidense card the 18 of august 2011

The Swedish authorities are required to process your application within 6 months. That means that you can expect an answer to your application by 18 February at the latest provided that you and your wife have handed in proper documentation. It seems a rather hasty decision, then, for your wife to hurry back to Denmark now when you can expect your residence card within the next 1-2 months. I suppose this is a relationship issue and has nothing to do with you having a residence card or not. You already have all the rights of an accompanying spouse to an EEA citizen in Sweden so you can already now apply for a Swedish personal number and register your address with the tax authorities, etc.

I already have a personal number, I attend to an intensive SFI course but the main problem is that to be honest Every single office in Sweden has treated us really bad and they always come with the same answer " Sorry but we can't help you because you don't have a residence card yet". My main concern is that if I apply to go back to Denmark with my wife that will mean another 6 mOnths of walking around without anything to do.

Do you think that appling to go to Denmark will be like that?

If you think you have been treated badly in Sweden although you are able to attend SFI and have obtained a Swedish personal number I will not advise you to move to Denmark before you have obtained a DANISH residence card because you will not be able to do anything at all in Denmark without a DANISH residence card. You will not be able to attend any Danish language course provided free of charge and you will not be able to obtain a Danish personal number either. But you can apply for a Danish residence card now even though you reside in Sweden. The Danish authorities then have 6 months to process your application and once you receive their reply with a yes for qualifying as an accompanying spouse to an EEA citizen, you will then be able to move to Denmark and can obtain the Danish residence card right away.

If you intend to move to Denmark, anyhow, having a SWEDISH residence card isn't of any importance really.

There will be a waiting time in Denmark also. How long is difficult so say, since it vary a lot from case to case. And like Skaanebo say, it sounds very much like, this is a relationsship issue. So presumably the only way to solve it is, that you and your wife need to talk to each other.

Also it seems, that one or both of you have had false expectations, since it is perfectly normal, that it will take several years, before a foreign spouse can find work in Denmark or Sweden. It is not normal at all for a foreign spouse to "walk in from a street" and get a job straight away in one of the two countries, unless he or she has some really unique qualifications. And particularly not in these times of crises, where unemployment is relatively high, at least compared to recent history.

Thank you Its always good to know the reality of things.

One last thing . According to the migrationsverket web page at the moment that I apply for the residence card here in Sweden I have the opportunity to work and study eventough the card is still in process, but it seems that in many places icluding the employment service in Sweden they dont care or don't know about this, so they won't hire me or won't help me finding a job because of this.My question is. Are they right ? Or Is there something I can do for them to either help me finding a job or consider me for the Job I'm applying to?

Once again thank you very much.

They are right, because before actually having the card it cannot be proved that you are entitled to it. SO if it should be refused, you will have been working illegally and the employer is liable for a hefty fine for employing you. You can hardly expect them to take that risk.

In addition, when it has taken almost 5 month for Migrationsverket to (not) issue your residence card, it is most likely, because there actually is some dought about, if you are entitled to live (and therefore also work) in Sweden under EU-rules or not. If there is no such dought, the residence card is usually issued within a few weeks or at most a few month.

The dought might arise, because your wife does not work or study in Sweden and also has a shaky financial situation. Or because something has led Migrationsverket to suspect, that your wife has a sham adress in Sweden ie. does not actually live there. Or because Migrationsverket suspect, that you have entered into a marriage of convenience. Things like that.

One can hardly blame an emplyoer for not wanting to hire a person, whose situation in Sweden is not yet clarified by the authorities. Besides the risk of maybe getting a fine, there is also the issue of hiring a person and spending time and money for training him, only to see him dissapear a few month later.

So just like a pregnant women or a very old person, you are simply not attractive labour, as long as you do not even have a residence card in Sweden. Also the language issue is very important, and in general you are not attractive labour, before you have learned to speak swedish at least on a certain level.

You can theoretically help things a lot by carefully documenting to eg. the labour service, that you really are covered by EU-rules, and that a residence card will therefore be issued sooner or later. However since you have apparently not been able to convince Migrationsverket, that your case is a very clear one, it will presumably also be difficult to convince someone else about it, who have less knowledge of the rules.