Entering DK as student with pending SE family reunification

[expatguy]

Hi Guys,
Well here is an update on my situation. My wife is currently still in Sweden, I am still outside the EU. I will be arriving in 10 days. My wife talked to a lawyer in Sweden today who said I am not legally allowed to attend school in Denmark while living in Sweden under EU or Swedish family reunification rules. Has anyone herd of this before? The lawyer double checked with another lawyer and confirmed this. This is a huge deal for me because I have paid for the first year of tuition and I was accepted into a program at the University with only %14 acceptance rate. Any recommendations or advice? Does anyone know a good lawyer I may want to contact in Malmo?

[skaanebo]

You don't need a Swedish lawyer to tell you about the laws in Denmark. That is a contradiction and a wild guess at best.

In fact you don't need a lawyer at all and if you have already been accepted at university there is no problem whatsoever.

[expatguy]

Yes I am quite confused, sorry I just spoke to my wife online, he was a DANISH attorney, not Swedish. He is a Danish immigration attorney who specializes in EU law. Have you ever heard of this before? I gotta say, I am pretty nervous now, I don't wanna miss out on my masters, but I want to reunited with my wife in Sweden.

[mh1]

I am not 100% sure about the rights and wrongs here - BUT: with a Swedish residence permission or EU-residence card you would probably be considered a tourist when you are in DK.

Tourists may not attend university programmes that lead to a degree. Same as in other countries, including USA.

My advice would be to contact the university ASAP - there is also the little financial problem of tuition fees, for which you would not be exempt unless you have been accepted through an exchange programme.

[skaanebo]

Each educational institution is free to decide itself who it will admit and who it won't admit.

If you have already been admitted, there is no problem.

[expatguy]

I am not 100% sure about the rights and wrongs here - BUT: with a Swedish residence permission or EU-residence card you would probably be considered a tourist when you are in DK.

Tourists may not attend university programmes that lead to a degree. Same as in other countries, including USA.

My advice would be to contact the university ASAP - there is also the little financial problem of tuition fees, for which you would not be exempt unless you have been accepted through an exchange programme.

This appears to be the problem, or at least something similar to what you have described. I am still figuring out everything, but it would appear that if I want to study in Denmark I need to have a Danish student visa or Danish family reunification case going on and not an EU case in another country or a Swedish immigration case. Anyway, I am pressing for more answers from the Danish immigration attorney. Once I get them, I'll update you as to exactly what hes talking about.

[skaanebo]

If you have a legal residence in Sweden, there is no practical problem. You only make trouble by seeing a lawyer. For all practical purposes there is no problem.

But of course if you haven't obtained a residence card yet, then you can't exercise your right to move across the schengen borders.

[skaanebo]

P.S. To me it seems a matter of you being impatient. You can't begin school while only in Sweden on a visa. You have to wait until you have actually obtained your residence card in Sweden. Once you have that for all purposes you will be treated as any other Swede and that includes being a student at a higher educational institution in Denmark.