Sweden: tricky case about civil marriage.

[Saffira]

Hello!

I would like to explain here my current tricky case I am in and hope desperately for any advice.

I am russian and I was married to the Danish person for 3 years. In the end of third year we have figured out that our marriage is not working however my husband was quite rejective about the thought of divorce.

Meanwhile I met Swedish guy that I fell in love with. When my husband agreed to divorce, I moved out from Denmark to visit my Swedish boyfriend. By Danish laws, I am entitled to travel for a year outside Denmark.

I came to Sweden this summer, and currently reside here. Due to that I want to move my cat from Denmark to Sweden, me and my swedish boyfriend learned that we need to wait 120 days for some vaccination work to be done for the cat.

Now, my soon to be ex Danish husband was very nice to grant me possibility to wait to pick up the cat and the rest of my belongings for those 120 days, i.e. not applying for divorce during that period.

My question is: once I will be divorce and travel back to Russia to go through interview that is required for me to obtain the permit to live in Sweden with my boyfriend on the grounds that we will be living together in civil marriage ("Sambo" on swedish). I am however very much worried if Swedish Immigration Service can dislike the fact that I was living with the Swedish boyfriend while I Was legally married to somebody else.

Can it affect anyhow their decision on granting the permission to move to Sweden?


thank you very much in advance.
S.

[eldane]

Hi,

I will start out with saying that I think you have fuked yourself thoroughly by moving to Sweden.

When you got married with the Danish citizen you got a national work and residence permit for (if I do not remember wrongly) 2 years. This permit you applied to have renewed which it appears you successfully managed to do.
The Danish residence permit allows you to live and work in DENMARK. Not in Sweden or any other EU/EEA country – unless your Danish husband would want to enjoy his EU convention rights like working, studying or being self employed and you moved with him to that EU/EEA country.

So, if you are in Sweden right now, being a Russian citizen, and as you have no visa for Sweden (or a Schengen visa for that matter) you would be in Sweden illegally.

Now, you mention you are entitled to take residence outside of Denmark for up to 1 year (if you have had under 2 years residence permit it would be max. 6 months) which is correct but that entitlement does not automatically grant you permission to settle anywhere you desire. You will still have to obtain which ever permit required for the country you desire to take residence. When the Immigrations services in Denmark made the rule that you may retain your residence permit in Denmark when leaving Denmark for up to 12 months I am certain they had something else in mind; Like going back to your country of origin for whatever reason. Not to skip bail (i.e start a new relationship in another country while retaining residence in Denmark) so my advice is that you better be quiet regarding this.

In Denmark you can’t obtain a civil partnership residence permit if you can’t document between 1½-2 years of co-living with your partner on the same address. Even if you could provide that documentation you would have entered Sweden illegally as you did not have a visa and could not have obtained one for such a long period it takes to gather enough proof of living together.

However, it might be that Sweden has a different view on this matter.

Anyway, I have been living illegally in Sweden for a year. What happens if I apply on the grounds of family ties?
http://www.migrationsverket.se/info/2483_en.html

But again, this seems only to be relevant for married couples.


Udachi,

Michael