Ægteskabudengrænser.dk

Dear ÆUG,
yeterday we got a refusal from the Danish Im. Service and sent an e-mail to you asking for help with the appeal. Didn't get any answer yet...Let us know please if it's still possible to get your help.
Olga & Kasper

ÆUG is an organisation run by volounteers. You will need to be patient, ÆUG does not have any paid staff to respond to e-mails.

You may also post your question on this forum so others may see your question and be able to answer it.

Thank you skaanebo, we undrestand that.
Just we don't have any time, the appeal shall be sent before the Wednesday, that's why we are very anxious...

We have been reading through your forum for the last 8 months when we decided to move back to DK from Sweden. Your work that you are doing on the website is really great and helped us a lot, but today, after 7 months of waiting, we got the most redicilous refusal ever from the Danish Immigration Service.
I can make a picture of it in few words: we have sent everything we could, we are sure it was more than enougth, especially providing the IS (Im. Service) with the documents from Øresund bridge which show that my husband had driven to DK on work EVERY single day and documents from the mobile phone company where they could see that he made calls from and to Sweden every day that's why his bills always were on 1500-2000 DKK! But in IS's eyes all that could be fake or used by "other person". As well as our rent contract for 1 year, payed bills, swedish car and etc. This is totally insane.
Concerning food and furniture purchases, we could only show them bills from stors since my husband is used to use cash, not his card. We payed with cash everywhere and collected a lot of bills. Just not for the last 2 months, because at that time we were already concidered to move to DK, so we spent more time in DK in my husband parents' house, searching for the flat and etc. Anyway, we have shown prove for the 7 months, so how can be possible for the IS to refuse us because last 2 months (we lived in Sweden for 10 months at all) there "wasn't so much activityin Sweden"???

Thanks to all for the help in advance...

It does sound strange. Was the contract for the place where you live a proper contract made with a housing authority or was it a private contract where you were subletting a flat?

And yes, it really is important to pay with a credit or debit card rather than paying in cash in order to prove that you have actually been there at the time you claim to have been there because otherwise receipts on purchases can be gathered easily for somebody else.

If your husband was driving across the bridge on a daily basis and can prove it with receipts from the bridge stating his car's license plate then you ought to have a good case.

Also did you submit an application for a Swedish residence card? And do you have any kind of proof of doing any kind of activity while living in Sweden? Did you for instance go to any kind of sports or hobbies?

We rented a flat from a private person, but it was a normal complete contract, I guess she got in at some authority, it wasn't made by her.
In the beginning of our life in Sweden we didn't think about moving to DK. That decision came after several months, but I still collected all the bills just to see how our economy would be like. Card was used only to pay bills for internet, parking and rent. Besides, the water and electricity were included, but during first 6 months we used much more and the owner of the flat send us an e-mail saying that we need to pay more - the copy of that e-mail and the owner's signature was also shown to the Im.Serv.

Yes, he used the bridge every single day, we have provided them with both specifications from the Øresund and his bank.
We also bought a swedish car.

Besides, my husband has received dagpenge from the Swedish a-kassa during 2-3 months, but these documents weren't considered!

I did get my swedish residence card, but didn't make any special activity there since I got it only 5 months after applying, it was in the summer, when we already had plans on vacation and my mom and frined from Russia visited me for 2 weeks each. But if they can say that my husbands brobizz and mobile phone specification MAY belong NOT to him, then it should be even easier to say that abonement to gym or library is fake or was just paid but wasn't used, isn't it?

My recommendation would be that you look through all your evidence and divide it into two. One, all that is related to you (has your identification) and, two, all that could belong to anyone (such as receipts paid with cash).

I find it strange that all of your evidence has been considered fake without stating a reason why.

Your grounds for appeal is in the first pile of documents. The second pile doesn't help your case.

I'd advice you to organize the documents from the first pile, and write a thorough description explaining all the reasons that you are giving here. How can it be seen from this or that document that you were actually living in Sweden? Why is evidence lacking during the last months? (Do you have any correspondence regarding your search for a home in Denmark? Letters/emails from Real Estate, Boligportalen, dba.dk, etc.) Why didn't you have any activities in Sweden? (Flight tickets from family visit?)

How about insurance of car and house? Where did your husband live before moving to Sweden? Does he have anything stating that he left that address? When you leave a place you usually make "flytteaflæsning" where they'll check electricity, heat and/or water to make you the final bill. If he doesn't have that anymore, the company might be able to email him a new one. How about furniture? Did you bring it to Sweden (how?)? Sell it? Leave it for storage?

You'll have to explain everything, not just provide the evidence. Both the evidence already given, and the new evidence that you might find.

Thank you for your answer and advices very much.

Before moving to Sweden my husband lived with his parents (we are just 24 years old), of course he moved from that address, it was the 1st thing he has done.
Some of the furniture was brought to Sweden from Denmark in his father's truck, some was bought in swedish IKEA (we have shown 3 bills).

We have shown flight tickets from Malmo when we went on vacation and this time I'll include my mom's swedish visa which was made with our swedish invintation.

Of course we can explain as well why we didn't have so much activity in sweden last 2 months, but don't EU rules say that it's enought to live in EU country for 3 months? when we have privided them with the documents for 7 months instead, why the last 2 months are so important? in their refusal I can see that's it's almost the only thing they are pushing at - no bills for food for these 2 months, no sms from sweden. isn't it redicilous?

besides, isn't there a right for us to visit another EU country for maximum 3 months? like we live in sweden, but can go to spain for 3 months. it is right, isn't it? why couldn't we just stay for 2 months in the parents house because their sick old dog needs help?

A weak point is that you subletted a flat from a private person. Those kind of contracts can easily be fake. So you will need strong evidence to show that you actually lived in this flat. Did the person subletting to you have permission to rent it out from the housing authority?

The fact that you got a Swedish residence card makes your case stronger too. But why didn't you take up free Swedish language lessons then? If you could provide proof that you attended class on a daily basis, Danish authorities can hardly assert that you have been elsewhere all this time.

As solskinsglad wrote you will need to make a statement covering all the holes in your story.

And if you don't win an appeal case in worst case you can also move back to Sweden and start over. You still have the Swedish residence card I presume.

The person we rent the flat from is the actual owner of the flat, she bought it, but then moved to Stocholm.
As I said before I got my residence card in July, at the same day when my friend came to me. After her my mom came for 2 weeks, and after we went on vacation. I didn't have time to school.
After vacation we decided to move.

I still have a card, but I guess it isn't valid anymore because we have already moved to DK.

But if they can say that my husbands brobizz isn't real, and his calls from sweden for 2000 DKK every month are not enough, why shall they believe that I went to school? Maybe I just signed up, but didn't attend classes, sitting in Denmark all the time....

There's no law stating that you have to live in another EU country for 3 months and then you will be entitled to residence under EU laws in your own country. The law states that when a EU citizen moves from one EU country to another one then his (or her) non-European spouse is entitled to follow him. In order for your husband to claim the right to "move from Sweden to Denmark bringing his non-European spouse", he will first have to establish the fact that he did indeed live in Sweden. As a result of previous cases a general rule can be deducted that approximately 3 months is enough to say that "he lived there for real":

Apparently immigration service did not consider that your husband did really live in Sweden. Your job is now to convince them that he actually did.

The best evidence that he did move is of course his address. However, if he moved from his parents' house to a sublet in Sweden and then back to his parents' house, then you do have a weak case, although he changed his address. The rest of your case will have to be much stronger.

The last two months are not crucial, but you will need to explain the nature of this. I remember a case here on ÆUG in which the couple sold there apartment after living several years in Sweden, moved to Denmark, and then quite some time later decided to apply for residence under EU rules. They did get it. The important thing is that you moved to Denmark together. Yet, if you don't explain why you have this leap, immigration service has no reason why not to hold it against you.

KaspOlg skrev:The person we rent the flat from is the actual owner of the flat, she bought it, but then moved to Stocholm.

An owner is not allowed to sublet a flat in a Swedish bostadsrätt without consent from the board in the bostadsrättförening. So if you had an illegal contract you have no case at all. The owner should have a piece of paper from the board stating that subletting the flat is allowed by the board.

We are sure it was legal, as I said before the contract wasn't made by her, both us and her on filled the ready contacrt from some authority

A contract may appear legal but if the board of the bostadsrättförening haven't given its consent it is in fact void and illegal. So this is a crucial point. There is a huge black market for flats in Sweden. You need written proof from the bostadsrättförening that it agreed to the sublet.

Thank you, we will try to ask the owner of the flat to send it.
But in the refusal they didn't day anything about it, mostly push on last 2 months...

Probably immigration service has accepted it as legal since you have both received residence permits from the Swedish authorities living in that apartment.

In case you cannot get the paper before Wednesday, I'd say you should go along with the appeal anyway and focus on a reasonable explanation as to why you have a leap of two months, and why you should be granted residence in spite of this.