EU directive visa refusal (Sweden)

[Smilemee]

Hi Guys,

I'm an EU national living in Sweden. I moved in Jan 2022 and got my legal documents, I'd card from tax office Sweden in May and applied for my parents based on EU directive with personbevis in hand.

My parents and adult younger brother who already lived in sweden before and was dependent on me while he was unemployed in sweden and subsequently left sweden on his visa expiration.

I was asked for proof of living in Sweden and I had only personbevis in hand and got rejection.

On second attempt in September 2022, I had my job letter, payslips and second hand rent contract, my insurance certs and all docs in hand and applied for dependency visa for my parents and adult younger brother who is now with my parents in Pakistan.

They got refusal again after 6 weeks explaining that my father has a pension coming to his bank account which isn't sufficient as they are all partially disabled and their big income is going for their treatments and medical expenses. My younger brother has got refusal as just saying, "he can work and why he is not working".

Your thoughts on the above refusal guys? My brother can not get a work now and is definitely dependent on me same as my parents but neither of them got visa.

[input-output]

Hi Guys,

I'm an EU national living in Sweden. I moved in Jan 2022 and got my legal documents, I'd card from tax office Sweden in May and applied for my parents based on EU directive with personbevis in hand.

My parents and adult younger brother who already lived in sweden before and was dependent on me while he was unemployed in sweden and subsequently left sweden on his visa expiration.

I was asked for proof of living in Sweden and I had only personbevis in hand and got rejection.

On second attempt in September 2022, I had my job letter, payslips and second hand rent contract, my insurance certs and all docs in hand and applied for dependency visa for my parents and adult younger brother who is now with my parents in Pakistan.

They got refusal again after 6 weeks explaining that my father has a pension coming to his bank account which isn't sufficient as they are all partially disabled and their big income is going for their treatments and medical expenses. My younger brother has got refusal as just saying, "he can work and why he is not working".

Your thoughts on the above refusal guys? My brother can not get a work now and is definitely dependent on me same as my parents but neither of them got visa.

I am not an expert compared to the more knowledgeable gurus on this forum. However, it seems that their refusal is based on a long-standing (and erroneous) reading of the EU legislation that dependence must of necessity, not need. Said differently, several EU countries say that dependence must be out of need (e.g. because of health, etc) and not og choice (e.g. your family member accepts your support and chooses to be reliant on you). This is wrong and several legislation - (1) Jia and (2) Lebon vs Migrationsverket (this is actually Swedish decision) establish that dependency may be out of choice and there is no need to investigate the basis fo dependency on EU citizen.

I am not sure how to proceed and you may need to appeal to Ultaningsnamden. i am not sure of your chances with re-application, however, you may quote the above legislation and it may make a difference. if not, appeal.

[Smilemee]

Thanks bud for the kind reply,

My brother is adult and have worked in sweden for 2 years and have been ordered to leave a country. While we request 4 months time after the order and that's in written. The embassy still insists that he remained illegally despite showing the written proof of migrationsverket.

Secondly, do u have any other case law which could support my case in terms of financial dependency and medical/physical dependency. I have showed it both but the embassy is just not ready to approve the visa despite medical proof of their inability of their upkeep and their basic needs of life.

Lastly, can I appeal for a judicial review of the rmbassys decision in any court of law in sweden as they have deliberately neglected the 4 months approval of the Migration and comment as lived illegally the second time and made this basis for my brother ? And have not shown any sort of analysis on my brothers dependency, as the proof of money transfer should be enough for his dependency?

Thanks for your kind information. It would be indeed highly appreciated.

[input-output]

Thanks bud for the kind reply,

My brother is adult and have worked in sweden for 2 years and have been ordered to leave a country. While we request 4 months time after the order and that's in written. The embassy still insists that he remained illegally despite showing the written proof of migrationsverket.

Secondly, do u have any other case law which could support my case in terms of financial dependency and medical/physical dependency. I have showed it both but the embassy is just not ready to approve the visa despite medical proof of their inability of their upkeep and their basic needs of life.

Lastly, can I appeal for a judicial review of the rmbassys decision in any court of law in sweden as they have deliberately neglected the 4 months approval of the Migration and comment as lived illegally the second time and made this basis for my brother ? And have not shown any sort of analysis on my brothers dependency, as the proof of money transfer should be enough for his dependency?

Thanks for your kind information. It would be indeed highly appreciated.

I simply dont have all the answers to your questions. Utlaningsnamden is where you need to go for appeal. In terms of legislation - I quoted it above - Jia (vs. Migrationsverket) and Lebon. Show this to the solicitor worth his salt in immigration and they will instantly understand.

[Smilemee]

Hi friend .. I've gone through the case law in Jia and Lebon's case and they are very helpful and to the point to my case. It should work as this fits my circumstances and its case law.

Thanks again for the help

[Smilemee]

Thanks bud for the kind reply,

My brother is adult and have worked in sweden for 2 years and have been ordered to leave a country. While we request 4 months time after the order and that's in written. The embassy still insists that he remained illegally despite showing the written proof of migrationsverket.

Secondly, do u have any other case law which could support my case in terms of financial dependency and medical/physical dependency. I have showed it both but the embassy is just not ready to approve the visa despite medical proof of their inability of their upkeep and their basic needs of life.

Lastly, can I appeal for a judicial review of the rmbassys decision in any court of law in sweden as they have deliberately neglected the 4 months approval of the Migration and comment as lived illegally the second time and made this basis for my brother ? And have not shown any sort of analysis on my brothers dependency, as the proof of money transfer should be enough for his dependency?

Thanks for your kind information. It would be indeed highly appreciated.

I simply dont have all the answers to your questions. Utlaningsnamden is where you need to go for appeal. In terms of legislation - I quoted it above - Jia (vs. Migrationsverket) and Lebon. Show this to the solicitor worth his salt in immigration and they will instantly understand.

Hi Brother,

Another question from you and thanks for all such cooperation which is of great value indeed.

Do you think EU directive 2004/38/EC would not be application or would it be applicable for a family member who have already resided in Sweden and being dependent on me due to change in circumstances ?

Like, a family member who already resides in EU member country and when his/her circumstances changes, an EU national relative use his/her EU treaty right and apply for her residence permit bas on dependency?