Need advices about residentcard in sweden

[Cas92]

Hej,

Im pretty new to this website. I really would like to hear some advices in here as im in kinda bad situation regarding my legal status, i am an indonesian citizenship. I've been living and studying in Holland for 1 year. But because of some conditions i had, i couldnt continue my study in Holland which causing me couldnt extend my resident card. After about 2 months i was in 'overstayed' in Holland i met my boyfriend who is a danish citizen. He asked me to moved in with him in DK. Now we are together for about 7months. And im still staying here as illegal person we planning to move to Malmö as the rule in sweden is more relaxing than in DK (i am under 24 - 21 years old) my boyfriend planning to work in Copenhagen whilist we will live in Malmö in order for me to get resident card. As i read on swedish the immigration board website, even though i have been living illegally in 'sweden' i still can apply for resident card based on family ties. My questions are :

1. Is it that simple that my boyfriend just need to register in sweden and has swedish address so i can apply for that?
2. Are there any other requirements so sweden can granted me resident card beside : having swedish address, and living together with my boyfriend and pay for the fee (1,500SEK)?
3. About how many presentage that might be im not granted for resident card since i couldnt back to my home country to apply in swedish embassy over there because otherwise i couldnt come back here because i already staying illegaly.

Please anyone have the same situations? We really need an advise since we have been desprate with this situations. We really couldnt find another way beside this. I love him so much and i knew already his family and ect since we shared many things already ever since we met. No harmful comments please. I really appriciated.


Thank You

[skaanebo]

Please note: You have to prove that you have been cohabiting for approximately 18 months previously or you have to get married in order to use EU laws.

[Cas92]

Hey thanks for replying.

But i dont quite understand. What is the different between EU-law and swedish law? Because for us, what law we'll use as long as i can have resident card and continue study and working it doesnt matter. And we won't to get married just because i need a paper.... It doesnt sounds pure if you know what i mean.. Any explainations?

Thank You

[skaanebo]

If you wish to apply through Swedish laws rather than EU laws, you should apply at the Swedish embassy in your home country or online via migrationsverket once your bf has moved to Sweden on his own. You can't apply through Swedish law while you are in Sweden. Swedish law does not require that you are married or have been cohabiting previously as EU law does.

[Cas92]

thank you for your advise..

but i have question about this.

You can't apply through Swedish law while you are in Sweden. Swedish law does not require that you are married or have been cohabiting previously as EU law does.

it means i cannot apply through swedish law while im in sweden? but the problem is it is quite impossible for me to return to my home country without having visa quarantine later on which is make me banned to return again...

what should i do? to add more infos, we were also thinking to go back to Indonesia and live there until my banned to go to europe gone. but the problem is in my homeland country gay partner-ship isnt recognize. then i couldnt make a residentcard for my boyfriend...


thank you

[skaanebo]

A visa quarantaine will not make it impossible to obtain a Swedish residence permit. You will not be able to get a visa but you can get a Swedish residence permit nonetheless.

You can also simply decide to marry each other in Sweden and then apply through EU law. A simple "I do" can make a lot difference and you won't have to go back to Indonesia to apply from there.

Of course you might also decide to live together in Indonesia. Your bf could then ask you to be his sponsor for a so called social visa or he could look for work and obtain kitas work permit.

[Cas92]

hey again,

i just called swedish migrations board to ask about my case, and they said it is impossible for me to get that resident card based on swedish law because im staying here illegally at the moment which is quite shock me and he suggested me that i just return to my home country without giving me any other solutions. that is really scares me...

and how about this EU-law in sweden? what are the real requirements? can i still be granted for resident card even though i have been living in DK/SE illegally? im totally hopeless..

about that kitas i dont quite understand because it is always say about 'wife' thing, because this gay-relation is totally not recognize in indonesia and there is not much can we do as a gay couple to obtain resident card........

[skaanebo]

The advise on the phone you received is correct. You cannot apply through Swedish law while being in Sweden. You have to go back and apply from Indonesia while your bf moves to Sweden.

Or you go to Sweden, get married and then apply through EU law. The moment you have applied through EU law your status changes to a legal resident. It doens't matter if you have lived in Europe illegally in the past.

As for KITAS, I'm no expert on Indonesian immigration law but a lot of foreigners do manage to get KITAS in Indonesia, even they don't have any Indonesian partner. It's simply a matter of your Danish bf to find an employer who will employ him in Indonesia and who will take care of the paperwork required. Or you can sponsor him yourself for a social visa but on a social visa he is not allowed to work in Indonesia.

[Cas92]

hi skaanebo..

thanks again for your info but again i still confused how is it works with EU law? what shall we do in the beginning?? and what step shall we do to not make any mistake that causing bad things happens?

as far as me and my bf know is that we cant get married because i dont have proper papers anywhere beside indonesia...
this is sooooo confusing

about this kitas i quite understand but finding a job in indonesia is quite difficult for him since he doesnt graduated from university, he just working in one of operator selular company sooo we only see about living here instead because for finance matters are more easier for us....

thank you again and hope to get advise how this things work with EU-law...

[skaanebo]

You cannot get married in Denmark because Danish law does not permit illegal people to marry. Swedish law has no such rule so you're free to marry in Sweden if you like. You do need to provide proof that you're not already married, though.

So there are still two options available for you

1) Swedish law: You return to Indonesia. Your bf moves to Sweden. Once he has settled in Sweden and obtained a Swedish personal number, you can apply for a Swedish residence permit on the basis of having a relationship. You can make the application online or hand it in on paper to a Swedish consulate or embassy in Indonesia.

2) EU law: Your bf finds a place to live in Sweden, he settles there, gets a Swedish personal number, and you join him there and you get married in Sweden. Once you're married, you can hand in an application for a residence card using EU law. The requirements are that you're married and that your bf (now husband) is either able to provide for himself and his family (you) or that he is a pensioner, a student or a worker. He can work in either Sweden or Denmark, eventhough he lives in Sweden.

If you follow option 1 you should expect to be apart for maybe 7 or 9 months (estimated time processing for online application) before the residence permit will be granted to you. On the upside, you will get a 2 year tempoary residence permit which will then be made permanent after 2 years in Sweden provided you're still a couple.

If you follow option 2 you can stay in Sweden and you can start work right away or start to study Swedish langauge right away. The residence card might take 6 months (or even longer) to be issued but you have all your rights the moment you have handed in your application. Once you obtain the residence card it will be valid for 5 years. After 5 years you can then ask for a permanent residence card.

[Cas92]

hey

about the options one : as i know if i return to indonesia i will be banned to return to europe/sweden because i am already overstayed living in here (visa quarantine), correct me please if i am wrong... then i guess this option is out of question(?)

and the options 2 : if i wanted to get married in sweden after my bf has registered him self in sweden, i still need a proof from skat isnt it? which i cannot obtain because i dont have any valid permit to be in sweden? im confused with this married things... where can i find infos about this? though i have been illegal? such as what papers do i need to have and ect??

thank you Skaanebo

[skaanebo]

As I told you already: You can be banned on getting a visa. But Sweden will not ban you for obtaining a residence permit. A visa is issued for short-term stays. A residence permit is something entirely different.

And the proof you need to show that you're not married already should be proof from Indonesia and possibly the Netherlands if you had a legal residence there previously. You can ask the Swedish muncipality (at the town hall) about what kind of documents they require to show that you're not married already.

[Cas92]

ah ok now it is in my common sense...

me and bf will consider what is the best way since im getting tired with my illegal status (cant do anything: study/work - and afraid to cross the border)

ah ok just to repeated again to be sure :

1. my bf needs to register in sweden while im joining him
2. after he has his certificate residency, we go together to the town hall (kommune) to ask them things we need to be done if we want to get married?
3. and then take it from there?

thank you so much!

[skaanebo]

Yes, good luck. Semoga sukses!

[Cas92]

terima kasih!

if there is any future questions about this may i perhaps PM you?

terima kasih banyak dan selamat sore