How to on Sweddish Solution

[fundiver199]

If you have never worker in Sweden at all, you are only entitled to "socialbidrag", which is incompatible with your legal status as resident under EU-law, since you are supposed to be self supporting. Also the total household income determine, if you are entitled or not. And since your husband has work, you are presumably not poor enough to qualify at all.

[melodisk]

hi everyone
when a couple applies after lets say living in sweden a long time to denmark under EU rules, and a foreign spouse lets say has a residence card, Do they have to move to denmark before they apply or They can apply from Sweden and wait for result?
if lets say Denmark refuse whats not surprising residence card under EU, will it negatively affect the foreign spouse applying for permanent residence after her temporary expires in Sweden`?
thank you a lot

[mh1]

As things are at the moment in DK, it is ADVISABLE to apply for Danish residence card and wait in Sweden until it has been granted (one will get a letter that it has been approved and should be fetched within 6 months).

No, it will not affect an application for permanent residence card, as long as you STAY in Sweden.

A tip: You may, if you have a gotten your EU-residence card, apply to switch to Swedish national rules, which will give you permanent Swedish residence permit after 2 years of cohabiting with your Nordic citizen spouse. This means, that if you - say, lived together in you home country a year before the move to Sweden, then you can get permanent residence permit after only one year in Sweden. Permanent residence permit is one of the conditions for applying for Swedish citizenship. Sweden allows double citizenship.

[amandar]

Hello to All,
We've been calling the rådgivning, and spoke to a personel, it was surprising that the advice he gave us is I would have to go back to the my country and we (my boyfriend)marry there, and after, apply for family reunification in Denmark and wait for 4 months (he strongly say that the immigration service will grant me a permit).

It's very confusing, because I'm illegal here, and we all know that i will have a quarantine for 5 years if i go back to my country, but he is insisting, that the 5 year quarantine will be erased after the marriage and i can just easily get a "YeS" from the immigration service.

He's also insisting that the swedish solution is a waste of money and a waste of time because my boyfriend's dagpenge has few months left.

My view is, if my boyfriend suddenly find a job in sweden, and we eventually get married there and live there, is a strong point to have a kind of residence permit, (because he needs to work anyway)?

I would like to know if i have a point in my view.
And in addition, is it really going to help the "marriage in my country" to erase the 5 year quarantine by family reunification, after 4-6 months?
how strong is this point to get a YES from the immigration service?

Thank you
amanda

[mh1]

Which 'rådgivning' it is you have called?

Anyway, the advice is so far correct: IF you go back to your country and get married to your Danisn boyfriend there, you can apply for family reunion, and IF it is granted, you will be given a visa to Denmark (NOT to Schengen), regardless of the Schengen-quarantine.

Not knowing all of your details, and not knowing whether you gave them to 'rådgivningen' it is difficult to say whether you have a good chance of getting family reunion. However, if you and your boyfriend fulfill the conditions, and he has the 50.000 kr. to put up as surety for you, why should you not get it?

What is a problem here is that you mention that your boyfriend has only 'a few months left' of his 'dagpenge'. If your boyfriend is unemployed now, and would loose his 'dagpenge' in a few month's time, he would then have to apply to get welfare, and THAT would mean that you will NOT get family reunion (unless he qualifies for dispensation).

The Swedish solution (EU-rules) is at the moment not advisable for those who are without a job. If your boyfriend finds a job in Sweden it's another matter. Then the Sweden solution will be open for you, and easy.

[fundiver199]

If you leave "voluntarely", the concequences of overstaying a visa in Denmark is "only", that you can not get another visa for 5 years. This is called a visa quarantine. And a visa quarantine does NOT prevent you from obtaining a residence permit, if you fullfill the conditions. It just mean, that you can not enter Denmark on a visa and hand in your application here. You need to hand it in on the danish embassy in your country of legal residence and then wait there, until it is approved.

However if you are caught by the police and expelled by force, this will result in a Schengen wide entry ban and reporting to SIS (Schengen Information System), which is much more serious, and will by and large prevent you from entering Schengen under any curcumstances, as long as the ban is in place. It can perhaps be overruled by the free movement rights of your danish husband, if he move to another schengen-country, but even this will be tedious and timeconsuming at least.

So it is highly recommended, that you leave "voluntarely" and get "only" a 5 year visa quarentine, before you run into being expelled by force and getting an entry ban in Schengen.

[melodisk]

hi again
you advice to apply for a swedish card after i obtained ue temporary card in sweden, how to apply under swedish law? what documents required? is it garantee i will get it? does it mean that if i get under swedish law then after two years of living together in sweden with my spouse i can apply for permanent? and after a year of permanent to citizenship?
thank you

[melodisk]

Hi
Here is a situation
My danish husband moved to live with me to gothenborg in march 2012. Meanwhile he was travelling from gothenborg to frederikshavn to work twice a week ( two days a week total 30 hours per 2 days of work) until he got his permanent full time job in gothenborg in september 2012. I got residence card in gothenborg in june while he was still travelling to work to denmark. Now he is working here 35 hours a week. We are planning to stay here a year more on his new job.
Does it give us any better garantee in residence card under eu law in denmark when we apply in a year, as he will be working a year in gothenborg after a year time
Will we have to provide documentation about his previous work when he was commuting?

[fundiver199]

Udlændingestyrelsen will propably still ask for documentation covering the entire period, but the period with work in Sweden will count as a significant positive, and I have some trouble to imagine, how US would construct a reasoning, that your husband did not really live in Sweden, if he has worked there for 12 month in a place far from the danish border.

Such a reasoning would very quickly border on the ridiculous, at least unless the work is of a kind, where his physical presence at the job is not required very often like writer, translater etc. However the way the documentation demand has been interpreted lately by US, you never really know, and I would therefore still advice to apply first and transfer only, when the application is approved, if that is at all possible.

[melodisk]

thank you
he works on the telephone support and goes to work everyday, 5 days a week. he has a proper employment certificate. he has a good salary. we also consedering when we apply to denmark we will definately apply from gothenborg to be on the safe side and wait for desicion. my husband also has a employee who would take him back to his previous job when he wants to come back, will we have to attach his future job in denmark to the application ? will it positive to show that he has a job waiting for him in DK, when we apply in a year time.

[skaanebo]

no, the job offer in Denmark has no relevance to an application under EU laws.

[Jesper&Anna]

Hi there!

I was reading this page and My wife and Facing same problem
I wish to contact you and talk with you to ask
Some advice since you been that situation too.

Tak!