EEA Spouse Enter Sweden Before residence permit decision

[Salsita]

Hello everyone,

I a Moroccan girl, non EEA citizen, married to a Danish citizen since a year and a half ,who moved to live in Sweden. I have applied for the Swedish residency permit since 5 months and no decision has been made yet.
Our case officer from the Swedish Migration Board knows that it is extremely inconvenient for a young married couple to live apart as such, so she strongly reccommended that I apply for a visa to go to Sweden and wait for a decision to be made in Sweden, as a way of exercising my husband's right for spouse free movement according to the EEA rules..

I have an appointment for the visa in 2 weeks, and I need to be sure that the Swedish Migration Board Officer's suggestion is valid and legal, the possibility for a spouse of an EEA to get a three months visa even though I have a running application for a Swedish residency permit, to enter Sweden with a visa before a decision is made to be with my dear husband.

Please give me an answer that clarifies our rights concerning this matter..

Thank you endlessly !

[ca.funke]

Hi Salsita,

does your husband work in Sweden(for my following answer I assume "yes"), and you´re currently in Morocco, but would prefer to be in Sweden?

Since you´re married to an EEA-national (Danish), you have an automatic and immediate right to be with him in Sweden. The residence permit that you applied for (I wonder how you applied for it not being present?!) only confirms this right that you already have.

You can read >>here<< why you´re legally allowed to go to Sweden today, and also why in practice this may not be so easy.

I´d advise you to apply for any visit-visa based on your marriage, and it should be approved within a few days.

Most important thing to remember: You have a right to be in Sweden already. So once you get there you can legally stay and work.

any questions, just ask,
Rgds,
Christian

[Directive/2004/38/EC]

I agree with ca.funk. If your spouse is working in Sweden you have a right to join them right away. You can enter on any visa you like. Once there you apply for a "Residence Card".

[EUsmileWEallsmile]

I agree with ca.funk. If your spouse is working in Sweden you have a right to join them right away. You can enter on any visa you like. Once there you apply for a "Residence Card".

Remember you visa application will be free and should be issued quickly.

[Directive/2004/38/EC]

You technically have a right to be with your spouse, and the visa is supposed to be a mere formality.

[Salsita]

Thank you every one who took the innitiative and time to reply to my post. I see that everyone agrees that I had a Right to join my husband in Sweden, but this is not the case. The issue I have is that I have is that I "already applied for the residence permit" since five months, and I haven't received a decision yet. So the question now, having already applied for the residence permit from my country, Morocco, do I have the right to apply for a visa in the meanwhile and go visit my husband for three months, even though I havent gotten the residnece permit yet??

Thank you everyone

[EUsmileWEallsmile]

Thank you every one who took the innitiative and time to reply to my post. I see that everyone agrees that I had a Right to join my husband in Sweden, but this is not the case. The issue I have is that I have is that I "already applied for the residence permit" since five months, and I haven't received a decision yet. So the question now, having already applied for the residence permit from my country, Morocco, do I have the right to apply for a visa in the meanwhile and go visit my husband for three months, even though I havent gotten the residnece permit yet??

Thank you everyone :)

Definitely, yes. You have that right.

[Directive/2004/38/EC]

Salsita,

Exactly what kind of residence permit did you apply for?

Can you send me a link to a web page (from http://www.migrationsverket.se/info/start_en.html ) which describes the residence permit that you applied for?

But to answer your question, yes you have the right to the visa. Not just to apply for it, but to get it.

Where did you marry?

Mike

[Salsita]

Thanks to ALL for providing me with all the info and tips I need to know our rights, my husband and I.

So, the type of residence permit I applied for, five months ago, is the EU residence permit for a family member of an EU citizen exercising free movement rights from Denmark to Sweden. Here is the link of the website: http://www.migrationsverket.se/info/145_en.html


Finally, answering your last question, My husband has a double nationality, Moroccan/Danish, and we got married in Morocco for easy marriage process. But now we are already registered in Sweden as husband and wife.

Best Regards !!

[Directive/2004/38/EC]

So, the type of residence permit I applied for, five months ago, is the EU residence permit for a family member of an EU citizen exercising free movement rights from Denmark to Sweden. Here is the link of the website: http://www.migrationsverket.se/info/145_en.html

Fantastic! Pleased that you posted here. Sweden is the only country that I know of that allows you to apply for the Residence Card (this is exactly what it is called in EU law) while not yet resident in the member state.


I will highlight a few things from http://www.migrationsverket.se/info/145_en.html

On entering Sweden you need a valid passport. If you need a visa to enter Sweden you should apply at a Swedish embassy or consulate before entering the country.


Applying for a residence card
If you would like to stay for longer than three months in Sweden, you should apply for a residence card at the Swedish Migration Board no later than three months after entry. You apply by using the form Application for residence card, no. 145011. You can choose to submit your application in person to one of the Migration Board's permit Units or send it in by post. Note that the Permit Unit in Solna has other routines. You can also apply for a residence card before traveling to Sweden. You then submit your application at a Swedish embassy or consulate.



Residence card
The residence card is sent to your address in Sweden.

So you are going to need a visa in any case, or you will need to send the RC to Morocco somehow. But why wait? Just apply for a visa. Best to mention in visa application that the RC has been applied for. The visa application is free and should take ?? maybe two weeks. You will have to submit your passport, your marriage certificate, and a photocopy of your husband's passport.

Please let us know if you have any difficulties on the visa application!

[johny_english]

Posted: Sun Mar 18, 2012 2:06 pm Post subject:

--------------------------------------------------------------------------------

Salsita wrote:
So, the type of residence permit I applied for, five months ago, is the EU residence permit for a family member of an EU citizen exercising free movement rights from Denmark to Sweden. Here is the link of the website: http://www.migrationsverket.se/info/145_en.html

Fantastic! Pleased that you posted here. Sweden is the only country that I know of that allows you to apply for the Residence Card (this is exactly what it is called in EU law) while not yet resident in the member state.
i think its only for swedish citizens not sure thiugh


hi directive 2004/38/ec will you please explain how it works for registering marriage without resding in sweden
for instace a british citizen married to non eu currently living in non eu both eu national and non eu spouse can they register their marriage in sweden without being residence in sweden or the eu natinal must be residing in sweden for marriage registration please explain its v interesting thanks

and can residence permit for sweden be applied before residing there as i have just check or i am getting it wrong as it says Most permits must be completed before emigration to Sweden.


Moving to someone in Sweden








These pages provide information for anyone wishing to move to Sweden to live with a close relative. The following individuals are classified as close relatives:•your wife, husband, registered partner or common-law spouse
•a person whom you plan to marry or cohabit with
•your parents
•your children.

Most permits must be completed before emigration to Sweden. The application must be submitted to a Swedish mission abroad or via our online application service.On these pages you can also find information on how to extend a permit.

http://www.migrationsverket.se/info/flytta_en.html

[Directive/2004/38/EC]

will you please explain how it works for registering marriage without resding in sweden
for instace a british citizen married to non eu currently living in non eu both eu national and non eu spouse can they register their marriage in sweden without being residence in sweden or the eu natinal must be residing in sweden for marriage registration please explain its v interesting thanks

The following applies only to the case where there is a (usually non-Swedish EU citizen involved):

If both partners live outside Sweden and the non-EU requires a visa, then that is all that can be applied for. Two weeks later they should be able to move to Sweden together.

If the EU citizen is already living in Sweden, then normally the non-EU would get a visa (again about two week), and then fly to join their partner in Sweden. At that point they would apply for a Residence Card.

But Sweden also offers the option of allowing the Residence Card application to be made before the partner has travelled. So for instance, if the non-EU partner is working until (lets say) Oct 18 in Morocco, and then will travel, then it would might make sense to apply for the Residence Card and then travel on that once it is issued. But if the non-EU wants to travel before it is issued and somehow delivered to them, then they also need to apply for a visa (again about two weeks).

[johny_english]

will you please explain how it works for registering marriage without resding in sweden
for instace a british citizen married to non eu currently living in non eu both eu national and non eu spouse can they register their marriage in sweden without being residence in sweden or the eu natinal must be residing in sweden for marriage registration please explain its v interesting thanks

The following applies only to the case where there is a (usually non-Swedish EU citizen involved):

If both partners live outside Sweden and the non-EU requires a visa, then that is all that can be applied for. Two weeks later they should be able to move to Sweden together.

hi many thankd directive 2004/38/ec for reply but i am still not clear about few things please reply

for instance
brtish citizen married to non eu national both living out side eu at present
non eu spouse required visa to travel to sweden

what steps they follow to register their marriage in sweden.
while both eu national and non eu spouse living out side eu , which will allow them to move to sweden after two weeks or bit more

and whats the procedure for that do they have to fill a form online or post the documents to sweden or what they have to do i could not find any thing online please help
thanks if you got any link etc it will help as well thanks

[Directive/2004/38/EC]

what steps they follow to register their marriage in sweden.
while both eu national and non eu spouse living out side eu , which will allow them to move to sweden after two weeks or bit more

Why would they want to "register" their marriage in Sweden? What does that bring and who would they do it with?

[johny_english]

will you please explain how it works for registering marriage without resding in sweden
for instace a british citizen married to non eu currently living in non eu both eu national and non eu spouse can they register their marriage in sweden without being residence in sweden or the eu natinal must be residing in sweden for marriage registration please explain its v interesting thanks

The following applies only to the case where there is a (usually non-Swedish EU citizen involved):

If both partners live outside Sweden and the non-EU requires a visa, then that is all that can be applied for. Two weeks later they should be able to move to Sweden together.

its all getting mixed up now
what i wanted to know was as you said

If both partners live outside Sweden and the non-EU requires a visa, then that is all that can be applied for. Two weeks later they should be able to move to Sweden together.

above is not clear what they have to do so after two weeks they should be able to move to sweden together
i thought they have to register their marriage in sweden and after two weeks they will be granted a visa to enter the sweden this is what i was asking for? thanks

[MSH]

Just so now one gets their hopes up too high:
Currently, the Swedish authorities only issue residence cards and more importantly, id-numbers, to third country spouses married to EU-citizens WORKING in Sweden.
Student and self-sufficients are excluded from this privilege.
So my best advice to Salsita is that her and her husband apply for an EU- RC in Denmark as soon as she has joined him in Sweden.
This is presumably what the whole manouver is designed for anyway, so little point in going through at prolonged legal tussle with the swedes over their breach of community law..

[Directive/2004/38/EC]

Just so now one gets their hopes up too high:
Currently, the Swedish authorities only issue residence cards and more importantly, id-numbers, to third country spouses married to EU-citizens WORKING in Sweden.
Student and self-sufficients are excluded from this privilege.
So my best advice to Salsita is that her and her husband apply for an EU- RC in Denmark as soon as she has joined him in Sweden.
This is presumably what the whole manouver is designed for anyway, so little point in going through at prolonged legal tussle with the swedes over their breach of community law..

But Salisita's husband is presently working in Sweden so this is not an issue.

Salsita: why do you not just apply for a visa to go to Sweden now?

[MSH]

Sorry, but i dont think Salsita mentioned her husband working in Sweden?
Anyway, i just pointed it out for the benefit of others reading.

[skargardande]

I am an American citizen, my husband is a Swedish citizen. We were married in 8/11, applied for a residence permit based on our marriage shortly thereafter, my husband received a questionnaire two weeks later, sent it in, and it has been 5 months with No progress. We were told numerous times by embassy workers that due to the fact that we were married, there was no way that I could be denied it, and that it would go through within 3 months. However: they also said that I could NOT go to Sweden and wait for my decision and that if I was I would be breaking "the law" (which law i'm not sure) and that it would invalidate my residence card process if it were Found Out that I was in Sweden. When I called the embassy about the stipulations for visiting they said I must tell them the exact dates that I would be in Sweden and that during that time my application process would be Paused. Upon returning I called back to check and make sure that my application was active, and the woman answering the phone said curtly "O there isn't even an indication here that you were in Sweden bye."

The official waiting time has went from consular staff saying 3weeks to 3months, and "O it's summer so you're going to have to wait about 9 months. The official processing time listed on migrationsverket has changed since applying from 6-9 months, now to 7-10 months, but with ONLINE applications (created shortly after we applied) receiving decisions in less than 3 months (!?!)
However, I found this: ECJ Case C-157/03, Commission v Spain [2005]; "Residence [Cards] must be issued within the required maximum of 6 months. No delay or extension is allowed." But i'm not sure if this applies to Sweden or not.

I've received conflicting answers from almost ever single consular staff member and then see countless threads of knowledgeable people telling me that I have the right to be in Sweden. What He and I most want would be for me to just "move" to Sweden now and wait there until I receive my (guaranteed) confirmation (as opposed to just wasting my time here, waiting)- is this possible? would I be breaking any laws? Flying last time my passport was stamped only in Amsterdam anyway, not in Sweden. Any consideration/help would be greatly appreciated, on my last limb here.

[Directive/2004/38/EC]

I am an American citizen, my husband is a Swedish citizen. We were married in 8/11, applied for a residence permit based on our marriage shortly thereafter, my husband received a questionnaire two weeks later, sent it in, and it has been 5 months with No progress.

Are you applying for a Swedish Residence Card? Has your husband been previously living in another EU member state, with you living there too?

[skargardande]

I applied for a "residence permit based on familial or personal relationship" (http://www.swedenabroad.com/Page____78923.aspx).
My husband has only ever lived in Sweden, and I have never lived in an EU member state.

[skargardande]

Furthermore since Morocco is not an EU member state, I fail to see how my situation is different than Salsita's.

>> does your husband work in Sweden(for my following answer I assume "yes"), and you´re currently in Morocco, but would prefer to be in Sweden?

Since you´re married to an EEA-national (Danish), you have an automatic and immediate right to be with him in Sweden. The residence permit that you applied for (I wonder how you applied for it not being present?!) only confirms this right that you already have. <<

[Directive/2004/38/EC]

OK, so European free movement law does not necessarily apply. Sweden CAN, if they so wish, extend those rights also to their own citizens who have not lived and worked in another EU member state.

From an EU law perspective, you could consider living outside of Sweden and commuting to Sweden. Or your husband could work outside of Sweden for a few months, and on his return you could enter on the basis of EU law. Or hopefully there is decent Swedish law that covers your entry.

[skargardande]

So is my case different from Salsita's because her husband was a Danish citizen working in Sweden? Would her situation have been the same as mine had her husband been living in Denmark instead? - No animosity here, I just got a bit hopeful when I read the initial post here which is verbatim (so far as I know) to my own situation, with the overwhelming response being "YES!"

[Directive/2004/38/EC]

As so as your EU spouse moves to a different EU member state, the European free movement laws kick in for them and for you.

If they work in the different EU member state, then they can move HOME also on the basis of EU laws.

So Salsita is covered because her husband is in a member state which is NOT Denmark.