Directive 2004/38/EC
Article 10 - Issue of residence cards
1. The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called «Residence card of a family member of a Union citizen» no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.
2. For the residence card to be issued, Member States shall require presentation of the following documents:
(a) a valid passport;
(b) a document attesting to the existence of a family relationship or of a registered partnership;
(c) the registration certificate or, in the absence of a registration system, any other proof of residence in the host Member State of the Union citizen whom they are accompanying or joining;
(d) in cases falling under points (c) and (d) of Article 2(2), documentary evidence that the conditions laid down therein are met;
(e) in cases falling under Article 3(2)(a), a document issued by the relevant authority in the country of origin or country from which they are arriving certifying that they are dependants or members of the household of the Union citizen, or proof of the existence of serious health grounds which strictly require the personal care of the family member by the Union citizen;
(f) in cases falling under Article 3(2)(b), proof of the existence of a durable relationship with the Union citizen.
2(d), (e) and (f) are not relevant for a person married to the EU citizen.
This applies to all non-EU family members of an EU citizen (e.g. a Danish citizen).
Couple of things to point out. (1) requires it to take a maximum of six months. There is no allowance for delay. Germany used to issue the Residence Card on the day of application.
(2) is the complete list of all the documents that can be required. A non-EU passport, a marriage certificate, and the EU citizen's registration certificate in Sweden.
Important note: The Residence Card is not a document that causes you to be legally resident in Sweden. It is simply a confirmation of your already existing residence in Sweden. Put another way, you have no more rights after you get the Residence Card.
Article 24 - Equal treatment
1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law, all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. The benefit of this right shall be extended to family members who are not nationals of a Member State and who have the right of residence or permanent residence.
Salsita: I realize English is not your first language, and it is hard to push for your rights in such a situation. But you have been legally resident in Sweden from the moment you have arrived. You have exactly the same right to medical care as your husband. (You also have the right to work if you so wish, just like your husband).
As you can see above, the 6 month clock started ticking when you submitted your Residence Card application. Sweden happily allows you to submit it before you move to Sweden, but the same 6 month limit applies.
If you want help in resolving this, I am happy to suggest ways to do it. Once you talk with the right person, it should be
easy and fast to resolve!
