Moving to Sweden, EU + Russian citizen

[tramp]

Hey, everyone! After doing some research here I still decided to post couple of questions and doubts here.. Hope to hear from you something what can clear the situation a little bit.

Our situation is: me and my wife (me non eu - Russian, her - EU, Estonian) are together but our situation with visas is still not clear. I was living and studying in Germany since 2010 having res. permit there (but havent graduated yet!). She was studying in Denmark and spent there almost 3 years now. We got married in Denmark, but family reunification there is not possible in our case since she is younger than 24. I stopped my studies and want to continue them in Sweden, she also wants to move to Sweden ASAP. the question is now - how do we start it?

First of all: I really dont want to go to Russia and apply for any visa there. Military service is mandatory, and even though I legally postpone it now, when I get back it may be complicated. So if there are any ways having German Aufenthaltsgenehmigung and applying in Sweden directly?

Second thing is: my wife just graduated her Uni here, in Copenhagen. We will move to Sweden (Malmo for now) and rent an apartment there, she will register and get CPR number. Does she need a job or any other reason to be there, or just registration is enough? will she loose her Danish registration in this case?
and yes, we both speak Swedish if it matters.

we can show bank statement as a proof of our finances. As non EU with German residence I am still not allowed to work in Sverige, even though I really want to. If we apply for family reunification, am I allowed to work while waiting for a decision?

and another thing is not clear yet. With my German residence I am free to move in EU and stay till 90 days in any country without registration there. Can we start a process with less hassle, read with less traveling anywhere from here.

so the scheme is:
1 - get an apartment in Sweden
2 - registration of my wife, getting CPR nr etc.
3 - ??? what to do next here is the question.

Thx a lot in advance for your help!

[fundiver199]

Why do you want to move to Sweden? As an EU-citizen your wife has a right to free movement in all EU-countries, and Denmark is also an EU-country. The rules of free movement are exactly the same in all EU-countries, and there is no such thing as an age limit for spouses. This is part of danish national legislation, but your wife does not fall under danish national legislation, because she is an EU-citizen.

You can just move here any time, you want, and register at Statsforvaltningen:

www.statsforvaltning.dk

Its no more complicated than that. Just like in Sweden, Germany and all other EU-countries, it is a requirement, that you wife (the EU-citizen) is a worker, student, self-employed, serviceprovider, retiree or self-sufficient person. For now she is a student. When she finish her studies, she must find a job or have some other means of income, which isn`t social benefit. Probably she can become member of a danish A-kasse as “dimittend”, and that will then already fulfill the requirements. As “dimittend”, she can get dagpenge for up to 2 years, and during that time she must then find a job. Just as a danish student will need to do, if she don`t want to loose her dimittenddagpenge.

If you prefer to live in Sweden for some reason, naturally that is also fine, but the rules are no different there. And your wife can not bring “dimittenddagpenge” with her to Sweden. So frankly you will be better off in Denmark financially. Plus it will presumably be easier for her to find a job here, when her education is danish.

So unless you really don`t like Denmark for some reason, it seems like a quite odd choise to move to another EU-country now. But of course its up for you and your wife to decide.

[tramp]

hey, fundiver199! thx for your reply.

the thing I am her husband and still hold the Russian passport with German visa. I cant work in DK and stay ther longer than 90 days or study, for all of that I need a visa or residence permit which can be obtained for example after family reunification. Its not possible to do in DK because of 24-years-old rule here, even though none of us is Danish citizen. Thats what we ve been told recently. We came to an idea after to move somewhere where this rule is not applicable, and Sweden doesnt sound so bad.

What I want to say: youre absolutely right about my wife. She can receive a-kasse and stay here and look for a job. The problem is only with my papers, since I am not allowed to study for free, work or stay longer than 90 days here. I need a residence card and the whole story is about it, since living in 2 different countries is no longer an option for us. If you can say something about it - please do so, it will be very helpful!

Thanks again!

[mh1]

Your wife is an EU-citizen and has a right to have her spouse living with her in another EU-country.

The 24-year rule does NOT apply when you use the EU-rules. Simple as that.

Read the info here: http://www.nyidanmark.dk/en-us/coming_t ... ionals.htm

The above is OFFICIAL info and you can rely 100% on its accuracy.

I repeat: there is no 24-year rule for you.

[fundiver199]

Its not possible to do in DK because of 24-years-old rule here, even though none of us is Danish citizen. Thats what we ve been told recently.

By who? That person obviously:

a) Have no idea what he or she is talking about OR
b) Have not understood the fact, that your wife is an EU-citizen OR
c) Have a political anti-immigration agenda and was lying to you on purpose to keep you away from Denmark and get rid of your wife at the same time

Its totally wrong and rubbish information, end of story

[tramp]

fundiver199, mh, thanks a lot for your relies! I was thinking its possible only following Danish rules, but now its all clear. For our case we dont need 50000 kroner on the bank account etc., right? What paper may they ask from us, except standard marriage certificate, passport copies, proof of address and registration? Am I allowed to work after we submit the application? the max. duration is 6 months as they say.

[fundiver199]

For our case we dont need 50000 kroner on the bank account etc., right?

Yes.

What paper may they ask from us, except standard marriage certificate, passport copies, proof of address and registration?

If your wife is a student, a signed declaration, that she will support you financially during your stay. If she is a "self-sufficient person" proff that she is able to support you ie. proof of income or bank statement.

Am I allowed to work after we submit the application?

In theory yes. But in reality no danish employer will hire you, before you have a danish CPR number. Which you can only get, after you get your residence card.

the max. duration is 6 months as they say.

Yes but most cases are processed much faster by Statsforvaltningen. You might be lucky, that it only takes a few weeks. But it will depend, how busy they are etc.

[Sostoyalve]

This posts is very informative. Thank you!

[oldtimer]

hey! I see this topic is very informative and since we have pretty much the same situation I d love to ask a couple of questions too.
I am Russian as well, my husband is Latvian (EU, living in Denmark 3+ years), has Danish degree. After he has graduated the uni he receives Akasse and looks for a job.
He also has savings on his bankkonto. He speaks well Danish, me not so good, but I can have simple conversations and even maybe pass Prove i Dansk 1. I want to move to him and I am on a Schengen visa now in Denmark. What should we do then? We got married 1 month ago and traveled together after, now coming back to the routine and thinking what to do... Again, hes not working at the moment, receiving Akasse. Might it be the issue by the application? we still can show a bank statement with 30000+ DKK.

we shall apply according to EU rules, since no one of us is Danish, but when we got married we both signed the paper saying about 24 years old rule and 50000 crowns on the bank account.

my visa will run out in 2 months so I am kinda panicking a bit. Looks like we are better off in DK, not elsewhere.

Thanks a lot for reading this, if you can answer - every answer will be appreciated!

[mh1]

You can use the EU-rules also when you are on 'a-kasse'. No problem, unless he doesn't find a job before they run out.

[oldtimer]

hei, mh! thanks a lot for the answer. so basically they are not asking for the proof of finances, or is this sum of ~35000 enough? it just make the list of documents needed for application kinda short, including forms, photos, marriage certificate, proof of address of my husband, contract for the apartment and copies of passports for both of us. is it really that simple or do we need something else? I really want our application to be approved! people from statsforvaltningen didnt explain it that simple though when we went there and made me panic a bit. they told us that we need to proof that our marriage is real and its better to have a job etc.

and another question is: how do we apply by EU rules? is it a separate form for it or...? statsforvaltningen told us there is only one way to do it and we started thinking about moving elsewhere. Thanks again! this forum is great

[mh1]

There is an explanation here:

http://www.statsforvaltningen.dk/site.aspx?p=6028

[oldtimer]

thanks a lot! now its clear more or less

the last question is about our renting agreement. My husband wanna move into new apartment from July 1st, so does it make any sense to apply using current address or move to the new one and then apply? does it matter actually? as I understand it should be a direct rent from the landlord, no sublet (on this forum people in sublet apartments got their applications declined)

[mh1]

When you are using the EU-rules there is no restriction, you may live in a sublet apartment.

You can apply as soon as possible and then inform statsforvaltningen about your new address - preferably in writing.

[oldtimer]

mh, thanks for the respond!

so we can apply now, even the apartment is too small for 2 and its a sublet, so there is no official contract from the landlord? CPR of my husband is registered there, thats it. We just heard about the rules about 14 sq meters for 1 person and 2 bedrooms for 2 people even if we are married. It was the actual reason why we want to find a new one. Also, another couple told us the story about the call to landlord from the statsforvaltningen asking if its ok if they will move together there since the CPR should be registered together.. But maybe it were Danish rules? Sorry about repeating, its just very confusing thing.

also, how do we know what are they allowed to ask to provide what not? we apply by EU rules, where can we take more info about process, regulations, whats the name of this document?

and the last thing: should I stay in Denmark for the period of my application? will they give us any kind of confirmation, since my visa runs out in 2 months and it might take longer (up to 6 months it says on the website).

Thanks a lot again! We ll post some info after we got the situation resolved.