Questions regarding family reunification (EU rules)

[patriklk]

Hello,

I am a Swedish citizen that will soon start full-time employment in Copenhagen. Me and my Indonesian wife are looking to move together to Denmark using family reunification under EU rules. Before applying I have a few quick questions:

1. Can we apply in Copenhagen while she's there on a short-visit visa, or does it need to be done in her home country?

2. Does an "expat apartment", meaning an apartment rented by my company (only me residing there) count as valid residence?

3. Does living in a shared apartment, or second-hand rented apartment count as valid residence?

4. If we arrive in Copenhagen at the same time, do we need to have an apartment sorted by the time we apply or can we simply state that we will have one by the time her residence permit will be approved? We can live at my parent's house in Malmö while applying if possible.

Thanks!

[skaanebo]

1. You are free to do whatever suits you the best.

2. No problem.

3. Yes, as long as you can be registered at the address at the people's registry.

4. Yes, you will need a valid address in Denmark in order to apply.

[patriklk]

Great, thank you so much.

The original plan was moving to Sweden but with waiting times now being up towards 21-25 months, I'm glad it's much easier (with EU rules) and faster in Denmark.

[skaanebo]

Remember you can also move back to Sweden using EU laws. You simply need to remain in Denmark for 3 months, then you are free to move back and apply for a Swedish residence card.

[patriklk]

Are there any advantages in doing this compared to normal Swedish laws? According to Migrationsverket the waiting times are similar.

[skaanebo]

The advantage is that your spouse can be registered in Sweden instantly, obtain a Swedish personal number and start her life there with work or Swedish language courses and not having to wait and do nothing in the meanwhile as would be the situation if you apply under national Swedish laws.

[patriklk]

Oh really, now that's interesting. Thanks!

[skaanebo]

EU laws are the same and you become an EU citizen exercising your right to free movement once you move to Denmark. So if you return to Sweden you can take advantage of your union rights rather than being treated as just another Swedish citizen.

[patriklk]

Are there any links/websites where I can read more about the specific housing requirements for EU family reunification? All I can find on nyidanmark is for Danish rules.

[mh1]

The ONLY requirement is that it is suitable for housing humans, and that you can be registered at the address.

That means that a single room in a shared apartment is fine, and so is a house boat with permanent mooring, but not an office, a barn or a garage.

[patriklk]

Great thanks, just want to make sure before applying so nothing goes wrong.

So does this step by step checklist seem correct?

1. Register for CPR number, bank account, NemID (me)
2. Find apartment
3. Register move at Skatteverket (Sweden)
4. Register for Adressändring (Sweden)
5. Register at Folkeregistret
6. Register for CPR number, bank account, NemID (my wife)
7. Register for EU residence permit (both, within 3 months of entry)

Does she have the right to free Danish lessons and working while waiting for the residence permit?

[mh1]

When you use EU-rules there is no 'residence permit' as such, only a card that proves your right of residence.

That said, yes, she can participate in courses provided by your municipality. Some municipalities are not aware that also spouse of EU-citizens have a right to participate in the free courses, but it clearly says so in the act here: https://www.retsinformation.dk/Forms/R0 ... ?id=172839

[patriklk]

Thanks a lot, really appreciate it!

Okay well for the card then, is the checklist correct or does anything else need to be done?

[skaanebo]

The Nordic countries cooperate and have access to the people's registry of each country, so there is no need to contact Skatteverket in Sweden in order to move to Denmark. You simply contact Borgerservice in Denmark once you have arrived in Denmark and they will take care of informing the Swedish authorities that you have moved to Denmark.

Also, formally your point 7 should come before your point 6 as it is point 7 that entitles her to be registered in Denmark in the first place.

[patriklk]

Okay thank you. But for registering at Folkeregistret she doesn't need the CPR-number or residence card right?