Ready to apply for family reunification under EU law

[tbecerra]

But we have some doubts.

Context:

I don't know if you guys remember my case but I'm married to a Danish national (and I'm non-EU), we've been married for 8 months (the ceremony was performed in Denmark under Danish law, etc.) and we immediately moved to Sweden because I had to be out of Denmark and in order to exercise his right of free movement according to Directive 2004/38/EC. We have gathered extensive information about the requirements to apply for family reunification under EU law and we believe that the requirements can be easily fulfilled. We have tons of evidence that we have genuinely lived here, including prove that I have as well (I had receive mail through postal service with my name and address multiple times). My husband is registered in the Swedish population through Skatteverket and his Vårdcentral. He's even registered at the supermarket as a frequent customer.

To make sure we were fully legal here, I notified of my presence to Skatteverket and they referred me to Migrationsverket. Ok, so I send my application for residence card and everything is in order but I receive appalling news: Even though I have the immediate right to work or study in Sweden as the spouse of a Nordic citizen, I have to wait from 15 to 24 months to get a reply from Migrationsverket! I confirmed with them three times. And I start worrying if all the evidence we have of our effective residence in Sweden is enough to the State Administration/Danish Immigration Service. I managed to get a physical copy of the confirmation from Migrationsverket that I have indeed applied for residence card in Sweden. So we call the State Administration in Denmark and all we get is vague responses that clarify nothing. The person who got the call said that I need to prove my right of residence in Sweden (???). But the Directive 2004/38 says that as long as we have cohabited and he has exercised his right of free movement to another EU state doesn't matter if I was lawful or not (which I am, according to Swedish migration)?? I don't even need a visa to enter these countries. I don't understand if the person was misinformed (or if she just ment confirmation that I have applied for residence card) or if I just need to speak out for my rights. My husband misses his country and it's easier for us to move back.

Questions:
1. Can we just move back to Denmark and apply for family reunification under EU law as soon as possible already being there? Is it considered legal?
2. Any advice on this process? I have read the OD2 application form and it seems that we pretty much have the essential requirements under control.
3. Do I really need to wait 2 years here (lol) to get a residence card just to apply under EU law in Denmark? Or is the confirmation from Migrationsverket enough?

Thanks in advance if you can shed some light on this matter.

[skaanebo]

Never, ever trust information you only get orally. And especially phone conversations made with receptionists who have next to no idea about what they are talking about.

Rely on solid written information instead.

1. Yes.

2. You should have established and gathered enough evidence before you move. And you should have lived in Sweden for at least 3 months.

3. The processing time according to EU laws is max 6 months. However, not all countries abide to this time limit. You will of course be able to exercise your rights right away when you have applied so the residence card is merely a piece of plastic to prove it. But it does matter if you wish to cross any borders as you will need it to be able to travel freely within the Schengen zone.

[tbecerra]

Never, ever trust information you only get orally. And especially phone conversations made with receptionists who have next to no idea about what they are talking about.

Rely on solid written information instead.

1. Yes.

2. You should have established and gathered enough evidence before you move. And you should have lived in Sweden for at least 3 months.

3. The processing time according to EU laws is max 6 months. However, not all countries abide to this time limit. You will of course be able to exercise your rights right away when you have applied so the residence card is merely a piece of plastic to prove it. But it does matter if you wish to cross any borders as you will need it to be able to travel freely within the Schengen zone.

I got the same impression, that the receptionist had no idea what we were asking. She didn't even let my husband finish what he was saying. She jumped to conclusions and just mentioned OD2 (which I already know about, so that answers nothing.) And she ignored the main question if we could do it from Denmark.

1. What!? Those are amazing news! Then I think it's safe to arrange our moving to Denmark.

2. Yes, absolutely agree with this point. The good news are that we have. My husband even opened a Swedish bank account! And I got private insurance as well. And like I stated, we've been living here continuously for 8 months (and I haven't left since thanks to your advice some months ago.)

3. This point I don't understand very well. Let me get this straight: The residence card would be helpful if I want to travel freely out of Sweden to another EU country (that I understand) but it's not necessary to go back to Denmark and apply immediately for family reunification under EU law. Is this correct? Would the confirmation from Migrationsverket be enough to prove that I'm *legal* here in Sweden to Danish authorities?

Thank you so much for clarifying, skaanebo. You're really kind!

[skaanebo]

A receipt from Migrationsverket that you applied for a residence card in Sweden will suffice as proof that you have established a residence in Sweden.

There is no border control coming from Sweden to Denmark, so you are free to enter Denmark. Even if there were, as long as your spouse accompanies you and with the intent to move to Denmark, you would be eligible to enter Denmark. You simply must have applied for a residence card within 90 days of arriving to Denmark. But in any case, Denmark also allows you to apply beforehand, so you can simply apply while still in Sweden and then just move and inform the authorities of your new address in Denmark.

[tbecerra]

Fantastic news. That changes everything. What a relief.

Thanks for taking time to reply, skaanebo, seriously! We really appreciate it. Thanks from both of us.

[tbecerra]

But in any case, Denmark also allows you to apply beforehand, so you can simply apply while still in Sweden and then just move and inform the authorities of your new address in Denmark.

Sure, we could go to a consulate or the embassy in Stockholm (no way), but that would take a longer trip than going to Copenhagen and just move there. We live in the middle of nowhere in Skåne and even going to Malmö is a pain- What I mean is, it's easier, faster and less expensive to go to Denmark and just apply there in person, if that makes sense. But if it's legal to do so straightforwardly in DK, then that's the preferred option.

[skaanebo]

You can simply mail in your application or have your spouse hand-deliver it while you still live in Sweden. The sooner you apply, the sooner you will get your Danish residence card.

[tbecerra]

You can simply mail in your application or have your spouse hand-deliver it while you still live in Sweden. The sooner you apply, the sooner you will get your Danish residence card.

Good advice. Last question: Let's say I send the application online, through email, this week, and I want to move to Denmark next week (notifying the Danish authorities so they can update my case.) Is it doable too or is it advised that I wait for an answer here in Sweden? It would be great for us if we could move to DK as soon as possible (if we don't have to wait for the decision here in Sweden.) One of the reasons is to spend Christmas and New Year's with the family.

[skaanebo]

If you move in one week’s time I doubt any of the systems will have registered your case before you actually move. So in that case, there is no point in sending the application beforehand. It won’t really matter time wise.

But if you intend to move 3 or 4 weeks from now, then you might as well send in your application now.

[tbecerra]

If you move in one week’s time I doubt any of the systems will have registered your case before you actually move. So in that case, there is no point in sending the application beforehand. It won’t really matter time wise.

But if you intend to move 3 or 4 weeks from now, then you might as well send in your application now.

Got it. Yes, we figured the paperwork would be easier from there and we had plan that we want to move in about one or one week and half. I guess it would be wiser to do it from Denmark then.

[Michael98]

hi, but if youre marriage was held in denmark, how did you get there in the first place?

thanks for your reply in advance

[mh1]

There are such things as tourist visas, study visas and other temporary visas which give you temporary legal residence and thus a possibility to get married.

[tbecerra]

hi, but if youre marriage was held in denmark, how did you get there in the first place?

thanks for your reply in advance

Sorry for the late reply. I didn't need a visa to enter Denmark, or to stay for 90 days tops. That's what I did. I spent my tourist period legally, we got married, and then moved to Sweden exercising the right of free movement. Hope this helps.