Need advice as soon as possible regarding swedish solution!!

[radiomaw]

Hello everyone,

I don't have much time left so every single advice is much appreciated.

My danish wife and I, we applied for residence card for me under EU rules 2 weeks ago. today we got a letter asking us to provide the migration board with receipts showing that my wife is commuting back and forth from denmark to sweden since she works in sweden. However, we just had a baby 2months ago and my wife been on maternity leave so she doesnt go to work, she just gets her salary. We already send them the maternity leave plan so i am confused why do they ask for receipts.

also they asked for EU blue card that covers me for atleast a year. We already went through hell to finally be able to request a EU blue card for me. however, the danish community only issues that card for maximum 6months and they to,d us we can request a new one after 6months. Would that be a problem??

Last but not least, on the letter they told us that we must send these documents before the 12th of august which is soon and the EU blue card will take about 3weeks to be at our mailbox.

What should we do?? If they refudes the application, will they kick me out of sweden?? or can i apply again?? since i read that there is no appeal.

[mh1]

First of all: you have a RIGHT to stay with your EU-citizen spouse, so Sweden cannot 'kick you out'.

Probably what you got is a standard letter sent out by someone who did not bother to check for the info about your wife's maternal leave. Just re-send that.

As for the blue card, I hope others can tell you what to do.

[radiomaw]

Thanks mh for the quick reply. I will resend the maternity leave plan again. and i hope the migration board will understand the situation about the EU card.

The problem is the danish community doesnt want to issue blue cards for a year because they know people get the residence card in less than 6months.

[radiomaw]

Finally we agreed that EU card for 6 months is fine. so now i dont have to make it for a year.

i have another issue though.. my wife been on maternity leave before we move to sweden and they asked us for receipts showing that my wife commuting between denmark and sweden. i attached the maternity leave papers with the application and i sent them email explaining the situation but their asnwer was they need to see proof of how my wife used to commute. im so confused. probably they havnt understood the case entirely yet. Do you think they will refuse the application because we dont have receipts showing that my wife is commuting?? does my wife have to commute so they accept the application??

[mh1]

I am a bit uncertain as to where you live? Is it in Sweden or in DK?

If a Danish person lives in Sweden, but works in DK, (s)he becomes an EU-citizen. If a Danish person lives in DK, but works in Sweden, (s)he does not become an EU-citizen.

[radiomaw]

We live in Sweden. My wife is Danish and she has a job in Denmark. But we don't have any receipts that shows that my wife is commuting because she's on maternity leave and we moved to Sweden after her maternity leave started. So i dont get why they keep asking for receipts :/

[skaanebo]

Just make it clear to them. Use the word "barsel".

[radiomaw]

I have been to the swedish migration today and i explained the situation with the maternity leave. I asked one of the guys there if we meet all the requirements or not and he told me that your wife needs to be able to support her and you and the baby. Her salary is covering us but when i made the calculations on their website it turned out that we are 1000 SEK short every month even though she has a full time job. It feels complicated now and it worries me even though we submitted everything they ask for except for receipts to show how much she pays to commute. I don't see why would they reject the application.

[skaanebo]

Which website calculations are you referring to? The authorities are supposed to make an individual judgment, it's not a specific amount of money you must provide to fulfill the requirements.

[radiomaw]

I found this on the migrationvserket website (http://www.migrationsverket.se/info/199_en.html)

which says

"There is no general amount that is considered sufficient means. How much money you need to have depends on such things as your family situation and living costs. When the Swedish Migration Board assesses whether a person has sufficient means we base our assessment on the National Board of Health and Welfare's calculationsexternal link, http://www.socialstyrelsen.se/hittaratt ... vberakning "

As soon as i get a case worker i will try to contact him and try to understand if she's not commuting will that be an issue. because i dont know if they will put a random number when it comes to commuting costs. but she's not commuting so i think they will not put the commuting into consideration when they make the calculation. i dont know. it's confusing.

[skaanebo]

How long will the maternity leave last? It may well be the case that no decision on your case will be made until your wife is back working, thus having a normal income and having to also prove her means of commuting to work.

[radiomaw]

First i really want to thank you for answering me and trying to figure out how to make this work.

She will be back to work on August 2014

[skaanebo]

In that case just hold yout breath and hope for the best. In any case even if the authorities decide to reject the application, you will not be thrown out of Sweden. Worst case scenario is that you will have to hand in a new application once your wife is back at work.

Meanwhile you can also try to get a Swedish personal number if you haven't registered with the Swedish tax authorities yet. They will require the same amount of papers as the Swedish Migration Board but will make their own decision. With a personal number you're entitled to take up work, can apply for Swedish language course, and start a life in Sweden as a resident.

[radiomaw]

skaanebo thank you so much for your dear answer. I will hold my breath for as far as i can

I will also apply under Swedish rules soon. and i will try to register for Swedish personal number.

Thanks again man.

Respect,
Radiomaw

[fundiver199]

If you are only lacking 1.000 SEK pr. month to have, what social clients are paid in Sweden, that seems like a very weak justification for denying your right to EU-residence.

Also has your wife calculated her tax correctly taking into account the deductions, she can make for transportation costs (when she is working again) and for your basic allowance (bundfradrag), which can be transferred to her, if you don`t have any income for a whole year? And the money for the child support (børnecheck), when it is born?

Many people forget these things and therefore actually have a much better budget, than they think. Social clients are not paid that much in Sweden. So it would be very unusual for someone to have a full time job in Denmark and yet receive less than a social client would, even the person has to support both a spouse and a child.