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Residence cards, EU rules, family members, Nordic citizens

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ibeff
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Posts: 1
Joined: Mon Jun 05, 2017 10:45 am

Residence cards, EU rules, family members, Nordic citizens

Post by ibeff » Mon Jun 05, 2017 10:53 am

Hi, I have a question regarding the implementation of the procedure of the Residence cards in accordance with EU rules for family members of Nordic citizens. The family members that are concerned are my elderly parents (both close to 80), non-EU nationals, whom I would like to move to Sweden. My situation is the following. I received Swedish citizenship only 25 May 2017, thus I simultaneously became Nordic citizen and EU citizen. I want to stress that I did not get my citizenship through marriage or asylum, I worked to it, i.e. I am PhD and employed tax-payer without debts and loans. Sweden national legislation allows 'other relatives', except nuclear family members, to reunite with the great difficulty. There should be 'exceptional circumstances of dependence, and no issues of bad health and financial dependency are taken into consideration'. Besides, I was explained by the Migrationsverket (Swedish Migration Office) that I can not initiate family reunification without permanent residency, and since I had to work to it for 4 years and live in Sweden in this time, it was near impossible to prove that special situation of 'dependency' exists. Therefore I did not follow the Swedish national rules for family reunification a year ago, when I received permanent residency. But now I would like to implement my EU and Nordic citizen rights and get my parents to Sweden. The procedure seems to be much easier than national one and does not require some irrational dependence, which could be treated arbitrary by the Swedish migration officers. Here is the EU procedure as it is described on the web side of the Migrationsverket. https://www.migrationsverket.se/English ... rules.html
There is an obstacle, which seems crucial to me. I am skeptical, if I am eligible for the EU and Nordic Citizen procedure in Sweden being Swedish citizen? Can I insist on implementing this procedure of family reunification, and not the national one? Is it possible to exercise my EU and Nordic Citizen rights directly in Sweden, without moving from Sweden to another Nordic country (what is officially called 'exercise the freedom of movement'). Are there laws that state this and prevent me from applying for the residence cards in Sweden for my elderly parents according to EU procedure? The other question - if such laws exist - could my case be treated as a special case since I really moved to Sweden in order to work, I registered my right to live in Sweden 5 years ago, and became Swedish citizen only now, which means - I 'exercised the freedom of movement' and use my Nordic and EU rights at the first possible occasion. Thank you very much for clarification. I would be most grateful if you refer to the articles of laws so that I could read them myself.
I actually asked this question to the Your Europe Advice but they refused to answer because, according to them - "your query does not fall within the scope of our Service for one (or more) of the following reasons: Does not relate to Internal Market rights (freedom of movements of people, goods, services and capital within the EU)". I believe they are totally wrong, because freedom of movements is exactly what I am asking about. I would be grateful for your answers and thoughts!
Thanks in advance!

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Residence cards, EU rules, family members, Nordic citize

Post by Wanderer » Mon Jun 05, 2017 12:41 pm

AIUI, you are not an EU citizen for the purposes of immigration as you have never exercised a treaty right in another EU state.

Until you do that you can only avail yourself of Swedish/Nordic rules.
An chéad stad eile Stáisiún Uí Chonghaile....

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