Help for applying Family Reunification in Sweden

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Optimistic11
Indlæg: 13
Tilmeldt: 02.11.2012 04:01:10

Help for applying Family Reunification in Sweden

Indlægaf Optimistic11 » 02.11.2012 05:18:57

Hello to all,

I wish all loving and supporting members here help us in our problem. Thanks and God bless you.

I am 29 year old Asian man living in Sweden since almost 5 years for studies and had a student visa. My girlfriend is Danish national and older than me. I want to apply Family Reunification visa in Sweden. My girlfriend is already moved to my apartment in Sweden and has already registered in skatteverket (local tax office in Sweden). We are also going to marry here in Sweden as soon as we get the wedding/marriage appointment at local tax office or kommune hopefully in few weeks. Now the problem is that my student visa is expired and I got a rejection from migrationsverket for the extension of my student visa for further studies last month. I already have made an appeal for my case and my appeal is registered at migrationsverket and the appeal is under process. During the period of appeal I can legally stay in Sweden until the final decision has been made. I have been told through my friends and colleagues that I must go to my home country now and apply for the Family reunification visa in Sweden from my home country and I can not apply from here as I do not have the valid permit now and my previous student visa is expired.

Now I wish you people to please tell me a way that my application may be accepted from here and I should not need to go to my home country for applying visa as it is very difficult for us to be apart from each other and for how many months it will take we don't know !

Is there anyway that Swedish migrationsverket accept our application for process and do not send me back to my home country ??

Will my appeal of previous student visa extension be count as a conditional/temporary legal stay and will give me a ground for applying family reunification visa from here without leaving the country ??

Considering that I am pretty much sure that the decision of my appeal of previous student visa will come against my favour so I do not have a positive hope from that. However it will just save me for being illegal and give me a time space so that I can finalise my marriage and attempt to apply family reunification visa.

Thanks and I hope you people reply soon.

skaanebo
Indlæg: 9473
Tilmeldt: 09.06.2007 19:00:10

Re: Help for applying Family Reunification in Sweden

Indlægaf skaanebo » 02.11.2012 07:58:58

If you apply for a residence permit on the grounds of being in a relationship, you can apply online and the process will then usually take 3 months.

Alternatively if you wish to remain in Sweden and you get married, you can apply according to the EU laws because your wife is a Danish citizen and not a Swede. Under EU laws the application can be processed while you remain in Sweden and in theory you obtain all rights of residence as soon as you hand in the application.

Please observe that the Swedish Migration Board uses two different application forms so it's important you use the correct one - either the one according to national Swedish law or the one according to EU law.

Optimistic11
Indlæg: 13
Tilmeldt: 02.11.2012 04:01:10

Re: Help for applying Family Reunification in Sweden

Indlægaf Optimistic11 » 02.11.2012 16:53:22

Thanks skaanebo.

According to migrationsverket, I cannot apply online for residence permit on the grounds of being in a relationship if I am already in Sweden. I must have to apply by post or by person at any migration board permit unit. It is written under Swedish national law on their website.

However in EU laws it might be possible but up till now I don't know anything about EU laws. Can you please tell me what are EU laws ? are the more difficult or easy as compare to swedish laws ? How to apply under EU laws and does my wife have to apply for a EU residence card in Sweden before I can apply for visa. Please tell me the procedure

My wife is Danish national and she has not lived in any other country before. She is also taking a full pension from denmark and she is free to have her pension anywhere she want.

skaanebo
Indlæg: 9473
Tilmeldt: 09.06.2007 19:00:10

Re: Help for applying Family Reunification in Sweden

Indlægaf skaanebo » 02.11.2012 17:30:39

Yes, if you wish to apply under Swedish laws, you must either posess a valid residence permit in Sweden already or you have to return to your home country and apply from there. Processing time is estimated to be 3 months.

If you apply under EU laws, you can apply from within Sweden and at least in theory gain all the rights of being a spouse to an EU/EEA citizen right away. You can read more about this procedure here:

http://www.migrationsverket.se/info/4360_en.html

As a pensioner your wife will have to prove that she has sufficient funds to cover the costs of living for both herself and the family members she wishes to live with in Sweden. That means that when you make a budget with all monthly costs you ought to have at least 6,200 SEK left for food, clothing and the like.

Optimistic11
Indlæg: 13
Tilmeldt: 02.11.2012 04:01:10

Re: Help for applying Family Reunification in Sweden

Indlægaf Optimistic11 » 02.11.2012 19:06:52

Ok I understand now and I wish to apply under EU Laws. On the link you have send it is written that ;

"Nordic citizens can also be treated as EU/EEA-citizens, if they fulfill the requirements for registering their right of residence in accordance with EU law. If your family member fulfills these requirements you may be eligible for a residence card"

Does my wife need to register her right of residence in Sweden ?? As I said before she is already registered in Sweden skatteverket and she got the swedish social security number !

Does my wife need to apply for anything now before I apply for a residence card ??

Does my wife also need to apply for residence card ??

It is also written on website that ;

"Please note that your Nordic family member does not actually need to register his or her right of residence. Registering with the local tax office is sufficient."

Please clear this confusion. Thanks

mh
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Re: Help for applying Family Reunification in Sweden

Indlægaf mh » 03.11.2012 08:01:42

No, since your wife has an address and is registered there, you can begin the process.
mh

Optimistic11
Indlæg: 13
Tilmeldt: 02.11.2012 04:01:10

Re: Help for applying Family Reunification in Sweden

Indlægaf Optimistic11 » 03.11.2012 09:14:47

Thanks mh, Now we are going to start the process and we will post the feedback here and ask for further help if needed. Thanks again.

skaanebo
Indlæg: 9473
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Re: Help for applying Family Reunification in Sweden

Indlægaf skaanebo » 03.11.2012 11:50:01

Please note since your wife is a pensioner she is not covered by public Danish health insurance. This can put your application under EU laws in Sweden in a dead-lock since several couples where the Dane is considered to be "self-sufficient" (as a student, cross-border worker og pensioner) is unable to provide the health insurance for the family member required by the Swedish authorities.

Those caught in this deadlock find themselves unable to get the Swedish residence card. There are numeous posts on this forum about such cases.

fundiver199
Indlæg: 15315
Tilmeldt: 15.07.2008 15:58:34

Re: Help for applying Family Reunification in Sweden

Indlægaf fundiver199 » 03.11.2012 15:49:07

Since you are already living legally in Sweden, it should be possible to apply after their national laws without having to leave the country. The only problem would be, if your study related residence permit has already expired. And perhaps it is also a problem, if it is going to expire, before the new residence permit can be granted.

Optimistic11
Indlæg: 13
Tilmeldt: 02.11.2012 04:01:10

Re: Help for applying Family Reunification in Sweden

Indlægaf Optimistic11 » 04.11.2012 03:17:37

To Fundiver199,

Yes my student visa in sweden is already expired in June. I got the decision of rejection in September and I have applied for appeal. Now my current status is that my appeal is in Migration court and I can stay here legally as long as the final decision will be taken. I don't know under this status if I apply through Swedish National law will they accept my application from here or not and send me to my home country for applying from there !! do you people have any idea about that ??

To Skaanebo,

How can my wife provide the health insurance for the family ? Is there any possibility ? Here are some facts I wish to bring under your consideration, please see ;
1. I have Swedish social security number and a bank account here in sweden, I have enough money to support myself in my bank. 50,000 sek I have now and more can be arrange through my family if needed.
2. My wife is receiving a "Førtidspension" of 17000 DKK with tax and 12000 after tax when she is single now. After marriage she will receive 14500 DKK with tax and 10500 DKK after tax.
3. The apartment we are living now in Sweden is very cheap only 2000 SEK per month and it is on my name and I am paying the rent.

Do you think under these financial conditions my wife still need to provide the Health Insurance for me ?? or the Health Insurance has nothing to do with your financial wealth ?

Please find us a way that my application can be accepted from here either through Swedish National law or through EU Law without the need of leaving the country and going to my home country for apply.

Thanks

fundiver199
Indlæg: 15315
Tilmeldt: 15.07.2008 15:58:34

Re: Help for applying Family Reunification in Sweden

Indlægaf fundiver199 » 04.11.2012 08:26:33

That is a rather complicated situation, since the blue EU health insurance card, which people normally use to fullfill the requirement, is conditioned on the danish citizen working a certain number of hours in Denmark. If the danish citizen is a retiree, I really have no idea how to fullfill this requirement, so the EU-rules might turn out to be a bureaucratic deadlock in your situation.

Perhaps it is easier and faster to just bite the bullet, accept to take an extended vacition in your home country, and then apply by their national rules electronically, which is expected to take about 3 month.

skaanebo
Indlæg: 9473
Tilmeldt: 09.06.2007 19:00:10

Re: Help for applying Family Reunification in Sweden

Indlægaf skaanebo » 04.11.2012 09:09:33

If for some reason you don't want to return to your home country, your best bet is to have your case for a renewed student visa appealed. Once you have a legal status in Sweden, you can proceed to apply for a residence permit on the grounds of a relationship with your spouse. But I'm not sure the Swedish authorities will accept if you try to apply for that now while you're in Sweden on just a procedural stay with a pending application for a renewed student visa. You can ask the Swedish Migration Board in person about this. In hindsight you ought to have applied for the residence permit before your student visa expired.

You can of course also apply under EU laws but as mentioned you will likely end up in a deadlock in which you find yourself unable to get the residence card because your spouse is not working the 8-10 hours mimimum required by law in either Denmark or Sweden to be considered a working migrant or a cross-border worker thus covered by public health insurance.

Optimistic11
Indlæg: 13
Tilmeldt: 02.11.2012 04:01:10

Re: Help for applying Family Reunification in Sweden

Indlægaf Optimistic11 » 28.12.2012 18:21:00

Hello again to all supporting and helping people,

A little update and summary of my case;
Me and my Danish wife we finally married in Sweden now, we are living here together and we both are registered in Skatteverket. In last month I was working on my previous student visa appeal (as suggested by you) for gaining legal status is Sweden so that I can apply the family reunification visa on the basis of my Danish wife after having a legal status in Sweden. But my first appeal is finally rejected now and I have applied for the 2nd and last appeal. I know they will reject my last appeal also then they will give me three weeks to leave the country (Sweden).

As you said I should not apply for family reunification visa under EU laws because my Danish wife is not full time working and she is a Retiree (Pensioner), and my application might end up as a deadlock because of health insurance issue !

The only option now for me now (looks like) that I have to go back to my home country and then apply through Swedish national laws online.

It is very difficult and stressful condition for me and my wife now to be apart for longer period. We have a fear that what if Swedish immigration reject my application because of me and my wife age difference ! (18 years) ? Recently the Swedish immigration has rejected one of my friend's application from his home country because of the age difference.

will the age difference make any problem in visa ??? I mean we are married and we live happily together, then how can they questioned about the age difference ??

I saw a recent post by "mh"

"TIP: it seems that Sweden is automatically assuming that Danish/foreign couples will want to apply for residence permit both according to Swedish national rules and EU-rules, and there is no reason not to, so you should do it clearly.

Using EU-rules you have a right to wait in Sweden while your application is being processed. You don't have that right if you ONLY apply using Swedish rules. However, applying for both at the same time, EU-rules 'wins' so that you can stay in Sweden, even if you end up being given residence under Swedish rules. Win-win for you.
mh
"

Can I apply through both Swedish and Eu laws together ??? so that I can stay here while my application is being processed ???

I can not go back to my home country far from my wife with a fear of not getting a visa.

please help us to take us out from this miserable stress full condition so that we can live our life in peace !!

Thankss a lot

Optimistic11
Indlæg: 13
Tilmeldt: 02.11.2012 04:01:10

Re: Help for applying Family Reunification in Sweden

Indlægaf Optimistic11 » 31.12.2012 17:07:43

I have only 30 days remaining to apply for my Visa ! can anyone please tell me that can I apply through both Swedish national law and Eu law together ??

DBS
Indlæg: 932
Tilmeldt: 23.08.2009 16:04:08

Re: Help for applying Family Reunification in Sweden

Indlægaf DBS » 31.12.2012 17:34:39

You cam apply for both at the same time.

Have a happy new year.

DBS


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