Return to Denmark from Sweden_Is visa reuired

[mh1]

Due to the nature of the case, a proof that you have applied for a EU-residence card is not the same as proof that you will actually get it.

One big problem in connection with working while waiting for the answer to your application for a residence card is that IF you should NOT get it, you would have been working illegally, which again means that both you and your employer will have broken the law and will be fined - the employer rather heftily.

Therefore it is over-optimistic to think that you will find an employer willing to take the risk.

The permission to work while waiting is therefore purely of academic interest and has no real value in real life.

[fundiver199]

And therefore it is better to stay in the other EU-country, where you presumably have a residence card, and work there, while your application is being processed in Denmark. And then transfer to Denmark only if and when the application is approved.

[together better]

hi kardelen,
i am not and expert, my wife and i have been in the same situation. and i would like to share with you others, how we manage it.
let start we swedish board, they are always asking for insurance when you apply for familly reunification under EU rules, however they must not really require you to have it according to:
the EU directive is 2004/38/EC, Article 10 section 1 reads. (but i will advice you to read all)
and available here:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF
and here is the Documentation you should submit normally.
Registration

Your spouse, children or parents must register with the authorities in the new country (often the town hall or local police station) within 3 months of arriving. They will then be issued with a residence card.

To obtain a residence card, your non-EU spouse, children or parents will need:

a valid passport
your registration certificate as an EU national or any other proof of your residence in the country
proof of your family relationship, such as a marriage or birth certificate
for children, proof they are under 21 or dependent on you
for parents, proof they are dependent on you.

They cannot be required to show any other documents.
The residence card is often issued free of charge. If fees are charged, they may not be more than those charged to nationals for similar documents.

there is the link you will read more about it.
http://europa.eu/youreurope/citizens/re ... nts_en.htm

and if you want some legal advice, go there.
http://europa.eu/youreurope/citizens/help/index_en.htm
there you can ask any question and have a direct answer by tchat or writting a email and wait a answer after 7 days.
http://ec.europa.eu/solvit/site/links/index_en.htm.
all those link up here were about europeen rule en legislation. now let talk about swedish Migrationsverket delays.
from this webpage you can see delays time for answer under Eu rules in sweden.
http://www.migrationsverket.se/info/5494_en.html you have a confirmation that the EU directive must be following by swedish migration officer; they have the duty to follow it.
if they do not you can complaint by many ways:
1) if you wanna complain in sweden directly follow this link. http://www.jo.se/en/How-to-complain/
2) or you have also this one, http://ec.europa.eu/solvit/site/links/index_en.htm.
3) also here http://europa.eu/youreurope/citizens/help/index_en.htm.

EU legislation and sweden rule done, let go to Denmark, i will start by saying Denmark is between the best countries in EU about, following Legislation,office service and the respect of delays for service. therefore if they said 6 weeks, you will get a message on 6 weeks, also its praticaly impossible to have migrationsverket in sweden on the phone( 45 minutes or more for waiting online and really costly). but in Denmark it s more faster.
what they said to you about two application and two different countries with same rule its true. if you apply for family reunification in sweden under Eu rule, you can not apply during the same time, for another family reunification under EU rule in another EU country. because EU rule is more about your movement inside the EU area. ( your man can not in the same time,want to move and want to stay) it almost like asylum seeker.
there for you may cancel you application in sweden and keep the one in Denmark or oposite if you will not do that the both countries can refuse you the family reunification due to incoherency of informations. otherwise you can in Denmark apply for reunification under danish law, and save your application in sweden running too under EU rules. when you get answer from sweden or denmark its not positive, you could then apply in denmark under EU rules.B)
now let talk about where you can have some legal advice in denmark.
1)https://www.facebook.com/pages/Retshj%C ... 88?fref=ts
2)https://www.facebook.com/cepi.dk?fref=ts
3)http://ec.europa.eu/solvit/site/centres ... tm#denmark

okay i guess and believe that, i wrote little be too much . and sorry for yours eyes i just hope all that informations will be helpfull for you. and i wish you good luck.