Schengen- Visa of Non EU family members of Eu Citizen

Dear All,

I am UK citizen. I am planning to excercise EU treaty rights in Sweden or any other schengen country under EU freedom of movement directive.

I need to apply initial schengen visa of dependent mother and two brothers (under 21 years) are going.

Which country is favourable in issuing visa to dependent mother and brothers? Is Sweden safe?

Any success stories in Schengen for mother an brothers case?

Appreciate for your help

Many Thanks

Regards

hm14 wrote:Dear All,

I am UK citizen. I am planning to excercise EU treaty rights in Sweden or any other schengen country under EU freedom of movement directive.

I need to apply initial schengen visa of dependent mother and two brothers (under 21 years) are going.

Which country is favourable in issuing visa to dependent mother and brothers? Is Sweden safe?

Any success stories in Schengen for mother an brothers case?

Appreciate for your help

Many Thanks

Regards

Brothers are extended family members & don't enjoy automatic rights of entry into Schengen countries (as direct family members do).

Do they depend on you &/or live in your household already?

If you search forum you will see members having one or two difficulties in cases like these.

Sweden: safe for what & compared to what/where?

Thanks for replying

I have lived along with my brothers in same house in the past. They are living with mother in house.
I was asking if Sweden favourable in getting visa of extended family members (Brothers)? or should I choose a different country?

Many Thanks

Best Regards

hm14 wrote:Thanks for replying

I have lived along with my brothers in same house in the past. They are living with mother in house.
I was asking if Sweden favourable in getting visa of extended family members (Brothers)? or should I choose a different country?

Many Thanks

Best Regards

My understanding is you would have to be head of household for family members to be your dependents &/or members of your household.

I have not been to Sweden.

Here is a member's recent experience:
europe-immigration-forum/sweden-denied- ... n#p1294783

Your mileage may ofcourse vary.

thanks noajthan

I called sweden migration agency n they told that you need to move first. get right of residence after being employed/self employed etc n then apply for schengen entry visa of dependent family members? I think they are wrong. please advise

Also, they told brothers may not be eligible on this route. Please advise.

Please recommed any other country that is favourable for dependent mother n brother.

many thanks
regards

hm14 wrote:thanks noajthan

I called sweden migration agency n they told that you need to move first. get right of residence after being employed/self employed etc n then apply for schengen entry visa of dependent family members? I think they are wrong. please advise

Also, they told brothers may not be eligible on this route. Please advise.

Please recommed any other country that is favourable for dependent mother n brother.

many thanks
regards

The agency appears to be wrong on the first point.

On the second point, they may mean that as brothers are extended family members there is a need for evidence of dependency &/or membership of household; (with you as head of household).

Extended family members (eg brothers in this case) don't enjoy the same rights of entry (& residence) in EU countries as direct family members would do.

As the Regulations are EU regulations they will be similar across the EU,

See more on EU free movement rights for non-EEA nationals here:
https://eumovement.wordpress.com/2011/0 ... a-citizen/
&
see more about extended family members here:
https://eumovement.wordpress.com/2008/0 ... ficiaries/

thanks noajthan
any suggestion in choosing country for this route of brothers n mother?

regards

hm14 wrote:thanks noajthan
any suggestion in choosing country for this route of brothers n mother?

regards

I don't have a suggestion. As I mentioned the experience in each country should be broadly similar as the same Directives cover all EU countries.

hm14 wrote:I called sweden migration agency n they told that you need to move first. get right of residence after being employed/self employed etc n then apply for schengen entry visa of dependent family members? I think they are wrong. please advise

I believe that the Swedish Migration Agency is correct in their interpretation.

The right of direct family members arises because they are either joining or accompanying the EEA citizen in Sweden. They do not have any independent right in the absence of the EEA citizen.

You do not need to exercise treaty rights for the first three months. But given that if you have CSI (private health insurance), you automatically qualify as exercising treaty rights as a self-sufficient person, I would suggest using that route to exercise treaty rights in Sweden.

So, move to Sweden and then get your mother and brothers to apply.

For both your mother and brothers, you will need to prove dependency. Do you have proof of dependency, financial or otherwise?

If your mother moves to the EU, I presume that it would be easier to prove that your brothers are dependent on you.

Sweden is one of the countries in the EU most favourable to immigration. But with the recent flood of refugees arriving in Sweden and Germany. the mood is swinging away from migrants even in such traditionally immigration-friendly countries. As an example, Sweden has recently announced that it will deport 80,000 asylum-seekers.

I disagree with Noajthan about the uniformity of EU laws. At the end of the day, EU directives are interpreted by national authorities, including national courts, and there will be variations in the specific interpretations of specific clauses in directives. It does not help that directives are written in all national languages of the EU and there is no single authoritative copy. Variations in languages are bound to creep in.

Further reading: Directive 2004/38/EC in English

Swedish Immigration website for EU citizens' family who are non-EU citizens