How to on Sweddish Solution

[antonettedee]

Hello to All of you there on ægteskab uden grænser, I find this site very helpful and informative for people just like me who caught up in a very unexpected and sad situation.

I was an aupair last year and worked for an abusive host family. (Long hours of work, No off or medicine when i'm sick and i'm still working on my free day) to cut the story short, I'm not happy that's why I've decided to find a new host family but the thing is the danish immigration didn't approve my visa. They've put a stamp that I must go home and wait for my new visa when I re-apply. I feel so sad about it.

I cannot go back home because, I'm the only one who's helping my family back in my country. I go on living my life here in Denmark like nothing happens.

Suddenly, Last year I met this danish guy who really likes me and we are in love and together for seven months ( me without visa) he is nice that he understands my situation and and supports my needs.

We have heard that our relationship could be legal if we will do the "swedish solution" (moving to sweden and get married there).

The thing is, he is on benefits meaning that he is jobless. And please how the swedish solution works.

Thank you!

[skaanebo]

Since your bf is unable to provide for himself, you will not be able to move to Sweden using EU law. Obviously the best would be if your bf found a job in Sweden but if he can't then you are left with national swedish law instead.

The Swedish national rules are that your danish bf can settle and live in Sweden and receive social welfare from Sweden. For practical reasons he will need to have enough money to pay the first rent and probably also enough money to pay for his food and other needs for at least the first month in Sweden because the process to get welfare takes a while.

Also you will have to return to the philippines and apply for a Swedish residence permit there. You can't apply while in Sweden. This process can typically take 6 or 9 months after which you can move to Sweden and live happily ever after. Good luck!

[fundiver199]

It depends what kind of "benefit" he is on. If it is dagpenge from an A-kasse, then he can bring those with him for 3 month to another EU-country, which is actually enought to suit your needs. It could be Sweden, but it could also be any other EU/EØS-country, and it does perhaps look somewhat odd to move from Copenhagen to Malmø in order to look for a job. This will definitly make authorities suspicius, so it is perhaps a better idea to move further away from where, he live now, like eg. Oslo, Stockholm, London or Berlin. You will need to get married also, before you do this, obviously.

For further information, please read the text under "vejledninger" "flytte til Sverige/EU-land" and "flytte tilbage til Danmark". And with the new coming rules from 15. may 2012, maybe you can also just apply after danish rules, if you go back to Philippines, get married there and then apply. Please refer to the text under "vejledninger", "familiesammenføring".

Unfortunatly our texts are only in danish for now, but perhaps your boyfriend can read and translate. He is the one who need to take action anyway, if this is going to happen. Or you need to take action together.

[antonettedee]

Thank you for your reply. I just want to add more details about us.

@skaanebo thank you -actually, my bf has money enough and can support the things that we will be needing to move and live in Sweden. He just have no job right now but soon he is going to find and work again. We have heard about this EU-rules, and it's very helpful and uplifting for those who are on the same situation (illegal but who find a man that can help to be legalized through marriage ).My question is, do you have a link where we can read about EU rules and so we may print it and understand it more.

@findiver199 That's helpful to know what kind of benefit he has, but financially he has enough to move and live and sweden also to support everything. The thing is he is going to have a job soon, and he is planning to have job here in denmark while we are having a house in sweden.He is willing to commute from Sweden to Denmark for the job. Do you think this is good for us? Because, I don't have legal papers here in Denmark, and we have been reading about the Swedish solution that i can be legalized if we are going to get married in Sweden and live there, without me going back to my country. And one thing, is it also helpful that, we are going to get married 3 months before i give birth to our baby in Sweden?

[fundiver199]

My question is, do you have a link where we can read about EU rules and so we may print it and understand it more.

Like I write already: Its available on this homepage under "vejledninger", "flytte til Sverige/EU-land" and "flytte tilbage til Danmark". In these texts there are also links to others places, where you can read more. You just need to use the menu at the top of the homepage. "Vejledninger" is number 3 from the left.

is it also helpful that, we are going to get married 3 months before i give birth to our baby in Sweden?

I am not sure, what you mean by "helpfull". You need to be married, if you want to live together in Sweden, and if you don`t want to go back in the Philippines first. So I suppose its "helpfull" in the sence, that its a requirement, that you need to meet.

[skaanebo]

For your information, you can marry in Sweden even though you don't have a valid visa or residence permit, unlike in Denmark where it's required to have proper documentation for a legal status in order to marry.

[antonettedee]

@fundiver199 yes we are printing the "vejledninger", "flytte til Sverige/EU-land" and "flytte tilbage til Danmark". Thank you. This is very clear and concise.



About "If the Baby is more Helpful" in the sense that for example. I'm pregnant, and we get married 3 months before I give birth. Does the baby help me more on having a strong connection to sweden, and if he or she recognized as swedish or european by birth by swedish law or eu law.

@ both of you:
It's clear now that in order for me to stay is to get married and live in Sweden without having visa. Thank you.

[mh1]

Sweden does not give citizenship to just anybody who happens to be born on its territory, so no, your baby will not become Swedish citizen.

According to Danish (and Philippine) law your baby will get its mother's citizenship.

According to Danish law also its father's citizenship if you are married at the time of birth, or marry after the baby is born. If you for some reason do not get married and your baby is not born i Denmark, it will only get your citizenship. This is valid wherever in the world the baby might be born.

[antonettedee]

Thank you mh. Ok the baby will get the father's citizenship if we were married just before the baby was born. It's nice to hear.

About the CENOMAR (certificate of no marriage) it says that after getting it from the city hall it needs to be authenticated by the Department of Foreign Affairs, and afterwards it needs to be stamped by Danish Consulate.

Since all of these will be processed in my country, what address should i put on my CENOMAR ( since im illegal here in denmark, i have no legal address) and one thing about the Danish Stamp, are they just going to put stamp or their going to check where i live here in denmark, i mean how does it goes with this DAnish stamp?

[skaanebo]

You cannot marry in Denmark because you are in Denmark illegally. So you need to look into the Swedish requirements for getting married, i.e. forget about any kind of Danish stamp.

Your baby will have DUAL citizenship and not just the Danish one if you marry the father. This is important to stress. The baby will ALSO be a Filippine citizen.

[antonettedee]

That's clear to me that the baby will have my citizenship if We are NOT married, and the baby will have DUAL citizenship if WE were Married.

I would like to ask how many months do my boyfriend or husband to be, needs to be in Sweden to get me somehow legalized after we got married?
Or after we got married, how many weeks do we need to wait for me to have somekind of legal paper?

It may be written on your recommended links but, it's better for me to have the answer directly in English since you are all experienced in this aspect.

Thank you

[fundiver199]

If you want to transfer to Denmark using the very liberal EU-rules, you will need to live together in Sweden. How long does it take, before you have "lived" somewhere? This is not written in stones, and your own common sence is as good as everyone elses. But lets say, that you and your husband go 3 weeks to Italy and live in a hotel room. Have you then "lived" in Italy? Of course not. You have been on vacation. So it is at least somewhat more than 3 weeks.

But just as important as time - or even more important - is the fact, that you must have "the center of your life interests" a certain place to live there. Even if you are 3 month in Italy, you have still not "lived" there, if you stayed in a hotel, while the whole time you kept your house or apartment in Denmark and returned to that after your stay in Italy.

So your boyfriend need to - at least to some extend - "tear up his ties with Denmark" and form some new ties with Sweden to have lived there. And at the very minimum, this means that he should sell his house/apartment or rent it out while in Sweden. And if he is a renter himself, he should terminate his contract or arrange what is called a "fremleje". And then he should find a regular house/apartment in Sweden and not just "move in on the sofa" with one of his friends or relatives.

About "legal papers", you will hopefully have your marriage contract immideatly. And if your husband has already transferred to Sweden, you can then immideatly have a reciept, that you have applyed for residence card at Migrationsverket, although you will need to specifically insist, that they issue such a reciept, which you are entitled to get.

When or even if you can have the residence card itself and a swedish personnummer, nobody know at the moment. There are some major problems with these things in Sweden since november 2011, and as of yet there is no solution in sight. So you just have to take this, as it comes. If you plan to move on to Denmark, you don´t really need those swedish papers anyway, so its only really a problem, if you plan to stay in Sweden for the next several years.

And perhaps this is some kind of political action from the side of Sweden, because Sweden is tired, that Denmark and lately also Norway "push" their own citizens with foreign spouses to move to Sweden because of very tight national rules for family reunification. Perhaps the swedish authorities hope, that by obstructing and delaying the issuance of legal papers to the foreign spouses, they can induce some of those cupples to move back to Denmark and Norway rather than staying in Sweden for years.

And while of course Sweden is obliged to follow the EU-rules, I must say, that I have some sort of sympati for the swedish position in this matter. The fault lies in my opinion mainly with the danish and norwegian government, which do not treat their own citizens with foreign spouses in a reasonable way. And therefore it is in my opinion not really a disaster at all, if this induce some more cupples to make "the swift move" forth and back rather than staying in Sweden for years.

[mh1]

If your husband to be is receiving money from 'a-kasse', he can continue to receive them for up to 3 months while looking for job in Sweden. 3 months is also approximately the minimum time needed to establish that you have "genuinely exercised the right of residence on the basis of the EU rules".

If he doesn't find a job after 3 months he MUST move back to DK, or the unemployment benefit will be stopped. The rules are explained in Danish here:
http://www.ftf-a.dk/a-kasse-regler/udla ... -udlandet/

If he is living on his own funds it depends on their size how long you two-and-a-half can live in Sweden without other income.

In both cases it is good advice to try to find a home in Sweden which is far from Denmark. It is very difficult to find cheap housing in Malmö because it's so close to DK, and if you don't have a job in DK to commute to there is no reason not to look further away. Also it will be cheaper, unless you look in Stockholm.

Your husband to be must show that he has been actively searching job i Sweden, and has registered himself as such. He must show that he applied in writing to some, and of course even better if he has been to interviews. Ideal if he actually finds a job, however menial.

Even a weekend-job in McDonald's will turn him into 'migrant worker' if it is 10-12 hours/week, and he can hold it 10-12 weeks. In such a case the Danish authorities upon his return to DK will almost certainly have to accept that he is a 'migrant worker' who has "genuinely exercised the right of residence on the basis of the EU rules", and they will have to give you 'opholdskort' as spouse to a 'migrant worker'.

You can read more here: http://www.nyidanmark.dk/en-us/coming_t ... eu-law.htm

[fundiver199]

Mh is absolutely right. And even though I don´t generally advocate for people deliberately becoming social clients, it must also be stressed, that if a danish citizen has become a “migrant worker” by having a job however menial in another EU-country for at least 10 weeks or so, then upon his return to Denmark his right to bring his family with him and the conditions, they will live under, are even more favourable than the already liberal EU-rules for free movement.

“Migrant workers” returning to their country of origin are not even required to support their family upon their return, if they are unable to do so. So if the returning migrant worker has a low income like dagpenge from an A-kasse or SU or a weekendjob at McDonalds, then the accompanying spouse is entitled to receive social benefit (kontanthjælp) in Denmark under the same conditions as resident citizens.

This is a relatively new opportunity, which the current government has – perhaps unwillingly and unknowingly – made quite attractive for many people by scrapping the low introductionary benefit called “starthjælp”, which was introduced by the previous government in 2002. So from a purely cynical and financial point of view, if you are “poor”, then it really pays of financially to become an EU migrant worker, if you want to bring a foreign spouse to Denmark. That job at Mcdonalds in another EU-country than his own, however menial it is, will bring a danish citizen huge benefits for the first 5 years after his return to Denmark with a foreign spouse.

For people like myself, who have a good job in Denmark, it is of course really stupid to give up this job just in order to secure a right for my spouse to receive danish “kontanthjælp”. So of course I would never do that, and I would not recommend it to anybody else either, who are in a similar situation. But if the danish citizen is a student, has a lousy job, that he don´t want to keep forever anyway, or, like in the case of your future husband, is unemployed, then why not just go for it?

If the foreign spouse receive “kontanthjælp” after returning to Denmark, I am quite sure also, that the danish kommune will take it a bit more serious, that they are obliged to assist him or her in entering the danish job market. So after a while foreign spouses brought to Denmark in this way will probably end up working in Denmark rather than being supported by their danish husband or wife for years, while struggling to find a job on their own, like many do now.

[melodisk]

I and my danish husband has moved to sweden. I applied for a residence card and a person who was accepting documents asked my husband if he worked in Sweden. My husband has swedesh cpr number and rent an apartment but he has a part time job in denmark, can he continue work in denmark while we are waiting for me to get residence card?
The worker also mentioned that we might receive invitation to the interview, what do they usually consider at the interview?
What is important for my husband to have in order for me to be granted residence permission card?
thank you'
tanya