Residence permit in sweden

[kadsac]

Hi,
Me and my wife are in sweden now. Wife British National me pakistani. how do we apply for a residence permit using EU directive? Do i have to go back to pakistan to make the application or can i switch from schengen visa to a swedish residence permit?
Also does my wife have to become a permanent resident in Sweden first or can we apply for permanent residency together.

Any help will be much appreciated.

Many Thanks in advance.

[Obie]

Here is the Guidance and the Application form for a Resident Card.

You are on the right track. You don't have to leave Sweden to make an application.

[global gypsy]

Obie, both the links you provide point to the same Swedish migration board site, i.e. http://www.migrationsverket.se/english.html

For guidance documents, click on 'Info material' at bottom left corner of the above page, and
For application forms, click on 'Application forms'.

[kadsac]

Thanks for the reply, we are planning to go visit the migration office in sweden to get more info.

I was also wondering whether i automatically get a right to work here in sweden as my wife is here with me? Or does she have to be working here for me to get that right to work?
Does she apply for residency 1st or do we one application together?

[kadsac]

can my wife who is on maternity leave (with pay around £600) be considered as someone with sufficient resources?
Basicly I have a job offer but my wife can't work for another 3 months. I was wondering inorder to get the residence permit from sweden do we both have to have jobs or myself with a job and wife's maternity pay will be acceptable as economically active /sufficient resources??
Many Thanks

[eldane]

Hence they have extensive knowledge how and where to go when applying for EU residence.
Here you have a cut from the folder they have created in Danish (which I have translated into english) on the section finacial support.

Work/Support
Your must be employed - this may be in Sweden or in another EU country (I think they mean to say you can live in Sweden yet still work in Denmark).
You must prove that you are acutally established and living in Sweden and spend more than 186 days a year in Sweden. It is not requiered that the employment is a full tiem job however, you must document that you (the EU citizen) can support yourself and your non EU spouse/partner.
This can be done by presenting the last three payslips or a employment contract.
These requirements does also apply to students, pensioners, self employed and people with sufficient wealth supporting themself.
The imigration authorities does not have any interest in how much you earn but how much you have left after all expenses has been paid. You must have aprox. 6.000 SEK to spend if your household consists of tow adults with out any children. It is you as the EU citizen who must provide for your non EU partner. Any income deriving from you partner is not included as according to EU regulations the sole support of the family lays on the EU citizen. This amount is regulated on a yearly basis on basis of what the Swedish social allowance is.


Best regards,
Michael

[86ti]

It is you as the EU citizen who must provide for your non EU partner. Any income deriving from you partner is not included as according to EU regulations the sole support of the family lays on the EU citizen.

Interesting. I once contacted the Signpost service regarding this and was told that the family income should be counted. I know that in some countries both partners are legally obliged to provide for each other which means that it doesn't matter who earns the money. I wonder what the Swedish law would have to say about that.

[eldane]

Well, I have contacted signpost on a couple of other matters and I must say the answers I have got back was mostly answers to questions which they did not comprehend or answers that were plain out incorrect.
The only good about contacting signpost is that they provide one with references to the relevant directives so one can read up oneself and gather conclusions oneself.

But to be honest I can't say if or not the income of the non EU citizen should be counted as an income of the family as if you look at it in details it is at the end of the day the non EU citizen who "inherits" his/her right from the EU citizen and as such does have no rights if it wasn't because of the EU citizen.

Michael

[Obie]

Section 3
An EEA national has a right of residence if he or she
1
is a worker or a self-employed person in Sweden,
2
has come to Sweden to seek work and has a real possibility of obtaining employment,
3
is enrolled as a student at a recognised educational institution in Sweden and, according to an affirmation to this effect, has adequate assets to support himself or herself and family members and has comprehensive health insurance for himself or herself and family members that is valid in Sweden or
4
has adequate assets to support himself or herself and family members and has comprehensive health insurance for himself or herself and family members that is valid in Sweden

It is not specified how much finance they should be in possession of. Also EU law does not permit them to specify where the resource should come from. They only need to ensure that the family members will not become an unreasonable burden to the state.

Remember there are equal rights for both EU national and their non EU family members.

The OP might also consider the Seeking Work option if the Self-Sufficient proves difficult.

[86ti]

But to be honest I can't say if or not the income of the non EU citizen should be counted as an income of the family as if you look at it in details it is at the end of the day the non EU citizen who "inherits" his/her right from the EU citizen and as such does have no rights if it wasn't because of the EU citizen.

You may argue like this but what if the EEA national is uncapable of work? Would this mean that this persons has less rights despite having a spouse that can provide for him/her? What if the EEA loses the capability to work while in the host country? And what about the Directive given the same rights to both partners?

The non-EEA is undoubtely allowed to work so why should that income not also be counted for anything? Also, both partners must be treated the same as nationals.

EDIT: Basically along the same line as Obie above.

[eldane]

I think there are two scenarios...

• Applying for your residence as a "new arrival"
  Applying/renewing your residence/already enjoying EU rights

Applying for your residence as a "new arrival
Here you obviously have to fulfil the requirements of the directive[/list]
Article 7 paragraph 1
All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:

(a) are workers or self-employed persons in the host Member State; or

(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State;

Renewing your residence/already enjoying EU rights
The beneficiaries may fall ill after having exercised EU rights in a certain time.
See directive 2004/38 EC article 1 paragraph 10 and 16 article 7 para 1

Para 10
Persons exercising their right of residence should not, however, become an unreasonable burden on the social assistance system of the host Member State during an initial period of residence. Therefore, the right of residence for Union citizens and their family members for periods in excess of three months should be subject to conditions.

Para 16
As long as the beneficiaries of the right of residence do not become an unreasonable burden on the social assistance system of the host Member State they should not be expelled. Therefore, an expulsion measure should not be the automatic consequence of recourse to the social assistance system. The host Member State should examine whether it is a case of temporary difficulties and take into account the duration of residence, the personal circumstances and the amount of aid granted in order to consider whether the beneficiary has become an unreasonable burden on its social assistance system and to proceed to his expulsion. In no case should an expulsion measure be adopted against workers, self-employed persons or job-seekers as defined by the Court of Justice
save on grounds of public policy or public security.

Article 7 para 3.
For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances:

(a) he/she is temporarily unable to work as the result of an illness or accident;
(b) he/she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a job-seeker with the relevant employment office;
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a jobseeker with the relevant employment office. In this case, the status of worker shall be retained for no less than six months;
(d) he/she embarks on vocational training. Unless he/she is involuntarily unemployed, the retention of the status of worker shall require the training to be related to the previous employment.

So, as per article 7 para 1 the EU national must provide for his/her family. Article 7 art 3 describes whe an EU citizen does not have to fulfill the criterion of being self supporting.

[86ti]

So, as per article 7 the EU national must provide for his/her family.

'have sufficient resources' is all what it says. It doesn't say where these sufficient resources have to come from. Nothing is here said who is supposed to finacially support whom.

[eldane]

So, as per article 7 the EU national must provide for his/her family.

'have sufficient resources' is all what it says. It doesn't say where these sufficient resources have to come from. Nothing is here said who is supposed to finacially support whom.

the EU national must provide for the support which is what we are discussing. So the OP can't have his/her income regarded as part of the EU nationals income.

However, it does not mention how much this amount must be. But I believe I have seen somewhere that this sum must be in the same level as social allowance in the host state.

And... If I actually continued to read on in the directive

Article 8 para 4.
Member States may not lay down a fixed amount which they regard as ‘sufficient resources’, but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State.

[86ti]

So, as per article 7 the EU national must provide for his/her family.

'have sufficient resources' is all what it says. It doesn't say where these sufficient resources have to come from. Nothing is here said who is supposed to finacially support whom.

the EU national must provide for the support which is what we are discussing. So the OP can't have his/her income regarded as part of the EU nationals income.

Article 7 does not specify where the resources must come from only that they must be available. I do not think that this Article precludes the income from the non-EEA national to be counted towards the total income.

[eldane]

Article 7 does not specify where the resources must come from only that they must be available. I do not think that this Article precludes the income from the non-EEA national to be counted towards the total income.

Mate, I do not know if you are right or not but my logical sense tells me that again you have to distinguish between self sufficient EU nationals and EU nationals under employment.

EU nationals who are self sufficient does only have to prove the funds are available no matter where they derives from however, employed EU nationals must be able to provide for their family.

[86ti]

EU nationals who are self sufficient does only have to prove the funds are available no matter where they derives from however, employed EU nationals must be able to provide for their family.

Sorry, but I fail to see the logic here: If only one is working it doesn't matter who as long as the income is sufficient to support the family (though in the case that it is the non-EEA national and the EEA national is therefore self-sufficient the question of the comprehensive health cover arises). But if both work and the EEA's income is not enough they cannot legally stay in Sweden? If the non-EEA's income alone would be enough in this scenario the EEA better quits...

[eldane]

Mate, it's not just in Sweden things are looked upon like the above mentioned.

It's the same in Denmark and when I moved to Spain 8 years ago same senario applied to my Colombian ex-wife. In fact I think I still have got the bank statement with a balance on some 7300 € to cover both of us under the self providing rules,

Michael

[Plum70]

Just a thought: I think that if a EU national and their non EU spouse were new arrivals in a member state, i.e. the EU national was yet to exercise his/her treaty rights in the many ways possible, then s/he may not be regarded as a 'qualified person' nor would their non-EEA spouse acquire the right of residence (and a residence card) in that member state. This is in turn means that the EU national would not be able to claim self-sufficiency based on the economic activities of their non-EEA spouse.

However, if the EU national were exercising treaty rights in some capacity and ceased to for medical, family or other reasons, then s/he would be deemed a 'qualified person' and could claim self-sufficiency based on the income/funds of their non-EEA spouse.

Hope this makes some sense.

[86ti]

Both have the right of residence immediately. In the first 3 months with minimal conditions which also includes that they do not have to be economically active. The real and practical problem, however, may be for the non EEA to get a job...

[kadsac]

You must have aprox. 6.000 SEK to spend if your household consists of tow adults with out any children. It is you as the EU citizen who must provide for your non EU partner. Any income deriving from you partner is not included as according to EU regulations the sole support of the family lays on the EU citizen. This amount is regulated on a yearly basis on basis of what the Swedish social allowance is.


Best regards,
Michael[/quote]

Are you sure 6.000 SEK is the equivalent to what swedes get in social security benefits? Because if thats the case we can show that my wife have enough/sufficient resources as she will be getting around £600 maternity pay every month.

[eldane]

The 6000 Sek is what you should have free to spend after all expenses are paid i.e. rent, food, union and transport to/from your work place.

Michael