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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 wrote: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.
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.[b]Swedish Law Incorporating Directive 2004/38EC[/b] wrote:
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
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?eldane wrote: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.
'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 wrote:So, as per article 7 the EU national must provide for his/her family.
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.86ti wrote:'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 wrote:So, as per article 7 the EU national must provide for his/her family.
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 wrote: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.86ti wrote:'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 wrote:So, as per article 7 the EU national must provide for his/her family.
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.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.
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 wrote: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.