Ægteskabudengrænser.dk

My wife is a Danish citizen. I am an American, and we were married in Denmark in October 2011. She is 34, I am 21 years of age. My wife owns an apartment in Copenhagen that is currently sublet. Everything regarding the subletting is official, and the tenant is even receiving rent aid (boligstøtte) from the Copenhagen council. We immigrated to Sweden in December of 2011, while my wife continued her employment in Denmark. We got an official rental contract in Malmo, and have been living there since. We filed with skatteverket and migrationsverket immediately upon entering the country. We both received Swedish personnummers and were assigned a local Swedish hospital, within about a month of our application. However, I only recently received any information from the migrationsverket regarding my residence permit. They have requested a lot of additional information recently, presumably because they have finally reached our case in the queue. What is worrying is that they are requesting a lot of information we already sent them, six months ago.

One of the more curious pieces of information they are requesting from us is my S-1 Form. As far as I understand, an S-1 form is a health insurance form used within the EU. I do not yet have residence in an EU country, and therefore do not have an S-1 form. It is also confusing because Sweden has already assigned me a personnummer and a health center. Why are they continuously requesting this form of me? When we inquired at Borgerservice in Copenhagen, they had no idea what this form was about.

We are also concerned about immigrating back to Denmark. After having stayed in Sweden for over six months, we have decided we want to return to Copenhagen. It's beneficial that I actually live in Denmark so that I can more easily learn the language, and it is very inconvenient to be so far from my wife's family. No to mention, Sweden seems to be in no rush to accept me into their society and let me begin the process of integration. (Being barred from employment for over half a year has me ready to crack.)

My wife has not worked in Sweden while we've been living here, and has instead been employed only in Denmark for the duration of our stay. From the first of May to the first of July, my wife has been in-between jobs but never registered as unemployed and received no benefits, so she fulfills the requirement of having not used social benefits for three or more years. I have also not worked in Sweden, because I am not allowed to seek employment without having first obtained the residence permit. For this reason, we're thinking when we apply for residency in Denmark, my wife should register herself as a self-supporting person, as she was never actually a worker in another EU country.

• Does this still count as free movement of labour, and does it activate the statute, allowing our return?
• Is there legal precedence for this?
• Must we obtain the Swedish residence permit before applying for re-entry to Denmark?
• Will it hurt our application in Denmark if Sweden declines our application for residence permit? ( I am worried about being declined because of the S-1 Form requirement.)
• When we apply for residency in Denmark, can we both return to the apartment in Copenhagen and stay while they process our application?

I've tried to get the answers we need from the existing posts on these boards before inflicting another post onto your forums, but we've had trouble finding answers that apply directly to our case. Our worry as of this moment is that they will decline us in Sweden because we do not have the S-1, and because my wife has been unemployed for the past two months, though she has not received any aid. She now has a job, and should have her employment contract by the 29th of June. Migrationsverket has demanded we supply them with all the additional paperwork by the 3rd of July. We are afraid a rejection from Swedish migrationsverket will strongly effect our application in Denmark.

Thank you to all those who spend their free time on this board to assist people like us. Without people like you, there would be no hope in this awful, xenophobic mess of a bureaucracy.

1) yes, and the consequences are that you may not apply for 'kontanthjælp' in DK without risking your residence right.
2) yes, plenty.
3) no, it is not necessary.
4) it will complicate matters. However, you are not the first to be harassed by the illogical request for an S-1 form, which you do not need, are not entitled to and cannot acquire because your wife is a Nordic citizen.
5) in theory yes, but as things are at the present, it is not advisable. Both DK and Sweden seem to be trying to avoid giving EU-citizens their rights, and the DK authorities are giving scores of negative answers just now.

lessthanthree skrev:I have also not worked in Sweden, because I am not allowed to seek employment without having first obtained the residence permit.

You are wrong. You are allowed to work from the moment you handed in your application for a residence card (but not for a residence permit, note the difference!)

When you even have a Swedish personnummer I don't see what's stopping you from working and paying taxes in Sweden.

skaanebo skrev:

lessthanthree skrev:I have also not worked in Sweden, because I am not allowed to seek employment without having first obtained the residence permit.

You are wrong. You are allowed to work from the moment you handed in your application for a residence card (but not for a residence permit, note the difference!)

When you even have a Swedish personnummer I don't see what's stopping you from working and paying taxes in Sweden.

What is the difference between the permit and the card? I have neither at the moment. My current legal status in Sweden is that of an extended visa. They extended my tourist visa for the duration of their processing time, until they reach a verdict. As under a normal tourist visa, I'm not allowed to seek employment because I'm not entitled to work. Or, at least that is how it was explained to me. If I was misinformed about that, well, that really sucks. I've been sitting here, doing nothing for six months under the presumption that I wasn't allowed to do anything.

As for the logic that I should be able to work and pay taxes if I have a personnummer - I agree. I was just told I couldn't. But, I also don't understand why they've given me a personnummer. As far as migrationsverket is concerned, I'm still technically just a tourist. Is it normal for skatteverket to hand a personnummer out to you like that?

mh skrev:4) it will complicate matters. However, you are not the first to be harassed by the illogical request for an S-1 form, which you do not need, are not entitled to and cannot acquire because your wife is a Nordic citizen.

It's a relief to know I'm not the only one they've done that to. I was starting to think there was just something I didn't understand, and I'd made a terrible mistake somewhere in the process.

mh skrev:in theory yes, but as things are at the present, it is not advisable. Both DK and Sweden seem to be trying to avoid giving EU-citizens their rights, and the DK authorities are giving scores of negative answers just now.

What would be the more advisable action? nyidenmark states, "An application is to be submitted at the same time as the Danish national returns to Denmark or immediately after his/her return." So, there's no option of applying for re-entry to Denmark while still in Sweden, if I understand correctly. Are you instead suggesting we should stay in Sweden, at least a while longer, and try our chances there instead?

Thank both of you so much for your help! Most of the information is a big relief.

The best way is to apply for a Danish residence card, while you stay in Sweden.

You do not need to have the Swedish card in order to do that (though in some cases it can be helpful), so you can do it tomorrow, if you have collected and put your documentation in order.

When the Danish US (UdlændingeService) has reached the conclusion that your spouse has actually settled for real in Sweden, they will issue a letter of approval (but not the actual card), and you will then have 6 months to prepare and realise your move to DK.

"Does this still count as free movement of labour, and does it activate the statute, allowing our return?"

Not free movement of labour but free movement of a union citizen (your danish spouse).

"Is there legal precedence for this?"

Yes.

"Must we obtain the Swedish residence permit before applying for re-entry to Denmark?"

No.

"Will it hurt our application in Denmark if Sweden declines our application for residence permit? ( I am worried about being declined because of the S-1 Form requirement.)"

Not really since the danish authorities carry out their own investigation anyway. From this it also follows, that it wont really help your application much, that you have the residence card.

"When we apply for residency in Denmark, can we both return to the apartment in Copenhagen and stay while they process our application?"

Yes but its not really adviceble at moment for the reasons, mh has already stated. It seems at the moment that EU-kontoret at Udlændingestyrelsen or at least some of the empolyes there has made a principle decision to decline all applications for recidence cards to spouses of returning danish citizens regardless of the ciurcumstances. And this means that the expected processing time is first 7 month at Udlændingestyrelsen, which will then make a completely unfounded rejection of the application, which wont "hold in court", after which Justitsministeriet will need another 7 month (or more) to handle the complaint.

And during those 14 month, you will be able to no absolutly nothing in Denmark other than wait, so frankly you are better off staying in Sweden, where you will be able to work and participate in "swedish for foreigners". You might also want to consider forgetting all about Denmark completely, get rid of the danish apartment and simply settling in Sweden permanently or at least for 5 years, after which you can become a swedish citizen.

As a swedish citizen you wont need to wait 14 month for some completely incompetent danish officials at Udlændingestryelsen to recognize, that you has a right to settle in Denmark, you simply inform the danish kommune, that you are now there, and thats it. There is completely free movement for nordic citizens between the nordic contries due to an old agreement outdating their membership of EU.

Situation has changed a bit. My wife and I gathered all the paperwork required for migrationsverket, and I went in yesterday to hand that in. Application for the Swedish permit should be sorted now, though I have no idea how long it will take from now before they issue a decision.

We were also called by our tenant at the apartment in Copenhagen, and she let us know that she had found something more permanent, and will move out by the 1st of October. We only got permission from the housing association to sublet the apartment until December anyway, so we see it as good news, as it means we can move back into our apartment in October (we didn't want to just give the tenant 30 days notice and move back at will, because she is a friend of my wife and was having trouble finding somewhere else to stay.)

So, we're wanting to try applying to return to Denmark under EU law, and move back in by October. I'm willing to wait in Copenhagen, even if it means a longer period of not being able to seek employment, because both my wife and I will be happier in Copenhagen regardless, and we'll have the support of her family.

However, there is still the option of applying for another year of subletting with the housing association, and finding a new tenant, if we had no choice but to continue to stay in Sweden.

mh skrev:The best way is to apply for a Danish residence card, while you stay in Sweden.

Could you elaborate on how this works? How do I apply for Danish residence under EU law while still in Sweden? From what I've read on nyidanmark, the paperwork is supposed to be submitted upon return to Denmark, and I haven't found anything explaining how I can do it beforehand. Also, is it possible to apply immediately, but then still move to Denmark in October and continue waiting there instead?

Again, thank you all for your information and aid. It's really a shame that it's all so complicated.

You just fill out the same form EU/FA1, as if you were in Denmark already. And then you inform authorities of your arrival, when you transfer. This is a well established procedure. However if you plan to transfer in october, your application will in all likelyhood not be approved, before you transfer, so some of the advantage of applying in advance in the form of more security will be gone.

And also it might be used against you, if you apply very shortly after, your spouse transferred to Sweden, as this might be claimed to be a sign, that she only planned a "short and temporary stay there". And also the documentation for the last part of your stay will be lacking. So in your case, I will tend to recommend, that you apply immedeatly after your return to Denmark, hand in a "complete" case, and then just hope the best.

ÆUG is already involved in some sort of dialogue with the head of the department, and who knows, perhaps this will actually result in inprovements before october. So perhaps my earlier comments were after all overly pessimistic. If you are willing to wait in Denmark for an unknown period and accept some degree of uncertainty, you might select to give Udlændingestyrelsen the benefit of dought