Sweden Immigration Questions: Any answers would be appreciat

[AlexandraSweden]

Hello all,

I have read and learnt a lot from this forum and have joined in the hopes that all you experienced people will be able to give me answers to a few questions that I have regarding my status change.

I have been dating and visiting my Swedish boyfriend in Sweden for the last 1 year. I am from West Africa and had been visiting Europe on a tourist/visitor shengen visa which I usually obtain from the French Embassy in my home country. I met my Swedish boyfriend online and during one of my trips to Paris, we decided to meet. We did meet and have been in a relationship for over a year. I am usually able to renew my Shengen visa just by returning to French embassy in my home country once it expires and am able to get back to Europe with it.
I have never overstayed any of my visa's. Since I met my Fiance, I have been visiting him in Sweden using my French shengen Visa and I always make sure to enter Europe via Paris in other to avoid having problems with the embassy back home.

Now my question goes thus. We recently got engaged and have decided to get married in about 6wks and I would like to know what options I have to enable me change my status from just a visitor to a spouse.
I have read in several forums about people who were able to successfully change their status without returning to their home country to apply for it. Its not that I do not want to return to my home country, I just fear that it may take a long time to come through if I applied from there and I may not be able to see my future husband for a while.

He wants us to apply for it from within Sweden and I would also like to do this as well but I would not like to break any law so therefore and trying to gather as much info as possible before taking a decision.

I have also read up a long on the EU Directive 2004/38/EC and I am wondering also if its possible to apply under this law instead of under the Swedish immigration law? Its not quite clear to me if this law can be used by a swedish citizen living and running his business in sweden or does we have to go to say Denmark to take advantage of this wonderful opportunity?

I am sorry for the long posts and could not keep it any shorter. I thanks you all in advance for any answers recieved.

God bless,
Alexandra

[topazstar]

I know how it works here in Uk but not sure about Sweden.
In UK, if u are here with more than a 6 month visal. you apply for Permission to Marry POA, therefore there is no need to leave UK.
But, if visa is less than 6 months, u do have to leave the UK and return to home country and apply from outside UK.
We are in this position now - we married in Pakistan, my husband is in PK aplying for spouse visa to come to UK. This does involve being apart for some time which is not easy.
As far as Sweden is concerned, I am not sure of the rules.
Would advise you to contact the Swedish Embassy in your Home Country and ask their advice.

[AlexandraSweden]

I know how it works here in Uk but not sure about Sweden.
In UK, if u are here with more than a 6 month visal. you apply for Permission to Marry POA, therefore there is no need to leave UK.
But, if visa is less than 6 months, u do have to leave the UK and return to home country and apply from outside UK.
We are in this position now - we married in Pakistan, my husband is in PK aplying for spouse visa to come to UK. This does involve being apart for some time which is not easy.
As far as Sweden is concerned, I am not sure of the rules.
Would advise you to contact the Swedish Embassy in your Home Country and ask their advice.

Thanks for your response,.
We dont have any problems with getting married here as I am allowed to cos my fiance is Swedish and is resident here. My worry is more on how to adjust my status from withing Sweden or E.U
I dont know the similarities between the immigration laws of both countries and since reading more about the EU directive on Chen ruling, I am wondering if there is some way to use that law to our advantage but I am not sure if it means that we have to go to a different country like Denmark to apply for a permit under the EU/Chen ruling......?

[topazstar]

I know how it works here in Uk but not sure about Sweden.
In UK, if u are here with more than a 6 month visal. you apply for Permission to Marry POA, therefore there is no need to leave UK.
But, if visa is less than 6 months, u do have to leave the UK and return to home country and apply from outside UK.
We are in this position now - we married in Pakistan, my husband is in PK aplying for spouse visa to come to UK. This does involve being apart for some time which is not easy.
As far as Sweden is concerned, I am not sure of the rules.
Would advise you to contact the Swedish Embassy in your Home Country and ask their advice.

Thanks for your response, I dont know the similqrities between the immigration laws of both countries and since reading more about the EU directive on Chen ruling, I am wondering if there is some way to use that law to our advantage but I am not sure if it means that we have to go to a different country like Denmark to apply for a permit under the EU/Chen ruling......?

I'm really not sure on this - unfortunately I don't have enough knowledge in this area. Maybe one of the experts on the forum can help you?

[AlexandraSweden]

I know how it works here in Uk but not sure about Sweden.
In UK, if u are here with more than a 6 month visal. you apply for Permission to Marry POA, therefore there is no need to leave UK.
But, if visa is less than 6 months, u do have to leave the UK and return to home country and apply from outside UK.
We are in this position now - we married in Pakistan, my husband is in PK aplying for spouse visa to come to UK. This does involve being apart for some time which is not easy.
As far as Sweden is concerned, I am not sure of the rules.
Would advise you to contact the Swedish Embassy in your Home Country and ask their advice.

Thanks for your response, I dont know the similqrities between the immigration laws of both countries and since reading more about the EU directive on Chen ruling, I am wondering if there is some way to use that law to our advantage but I am not sure if it means that we have to go to a different country like Denmark to apply for a permit under the EU/Chen ruling......?

I'm really not sure on this - unfortunately I don't have enough knowledge in this area. Maybe one of the experts on the forum can help you?

This is my hope as well. I have read a lot of responses to other questions here by a lot of experts. Thanks a lot.

[sakura]

Do you want to move to the UK or to Sweden? If it's Sweden, then your post is in the wrong section.

The Chen ruling wouldn't help you (I think), as that was about an EEA minor and their non-EEA parents. You don't have children involved in your case, so I fail to see what help that would be. You should be looking at the Jia ruling, about entering with a domestic visit visa and then 'switching'....but, again...that ruling was about EEA family permits, not domestic spouse visas.

You can't use the EEA routes (or any of the above-mentioned cases) because your fiance is Swedish residing in his home country. However - has he lived anywhere else in the EU/EEA? That might help.

If he has not, then you can only apply for a Swedish spouse visa. I don't know anything about that, so I suggest you both start reading the relevant information. If the rules in Sweden are somewhat similar to the UK, you cannot enter the country as a visitor and then 'switch' to a spouse visa. I suggest you get married first and then apply from your home country, or apply for a fiancee visa and get married in Sweden. With the fiancee visa, you should be able to 'switch' to a spouse visa. However, I suggest you read about all this, since I have no knowledge of Swedish immigration rules.