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No, the swedes probably know just how illegal this is. This is an 'un-official' policy change, most likely adopted to try and combat the huge influx of Danish citizens fleeing the dearly beloved ban on marriages between foreigners and danes still in place in Denmark.Directive/2004/38/EC wrote:Any links to Swedish official web sites? Does this depend at all what the EU citizen is doing in Sweden?
Where is it stated in the directive that only the union citizen can be required to show proof of comprehensive insurance. This might save me some moneyMSH wrote:
The Swedish authorities have now begun a practice of demanding comprehensive health insurance for the third-country spouse of a union citizen moving to Sweden.
This is, as you may or may not be aware of, not in line with the conditions laid down in Directive 2004/38/EC. Here it is explicitly stated that only the union citizen can be required to show proof of comprehensive health insurance.
Well, all I can say is in that case those assuming this are clearly in the wrong.Directive/2004/38/EC wrote:For EU citizens who are students and self-sufficient, they can be required to have CSI. It is not explicitly stated that this also applies to the non-EU spouse, but is generally assumed to.
Art. 7 lays out an exhaustive list of requirements for union citizens and art. 10 lays out an equally exhaustive list of requirements for their third-country family members.newbieholland wrote:Where is it stated in the directive that only the union citizen can be required to show proof of comprehensive insurance. This might save me some money
MSH spot on mate. The non EU family of a Self employed EU national do not require CSI if you read Atricle 7 (1) (a) and article 7 (2) followed with aticle 10. But a non EU worker with her EU non working family ( self sufficient) would need the CSI. Unfortunately I am in the later situation but definately very helpful information.MSH wrote:Art. 7 lays out an exhaustive list of requirements for union citizens and art. 10 lays out an equally exhaustive list of requirements for their third-country family members.newbieholland wrote:Where is it stated in the directive that only the union citizen can be required to show proof of comprehensive insurance. This might save me some money
Key word here is EXHAUSTIVE.
From the cases I have heard of so far it seems as if it's only the third-country spouse the swedes are targeting. I haven't personally heard of any cases yet where they required health insurance for children.Directive/2004/38/EC wrote:Do they require the insurance for the EU citizen?
Do they require it for third country children of the EU citizen, or only the spouse?
Directive/2004/38/EC wrote:Can you give more details from the cases you have heard of...
I am involved with a website that offers free legal advice to bi-national couples in Denmark. The cases I have been masde aware of all stem from there.
What is the EU citizen doing in Sweden?
Most, but not all, work in Denmark but reside in Sweden as persons with self-sufficent funds.
What evidence did the require of the spouse?
The third-country spouse was asked to produce a form issued by the Danish authorities certifying that THE SPOUSE (not the Danish EU-citizen) was covered by the national health services in Denmark. This is, as the Swedish authorities are perfectly well aware of, not possible since only third-country spouses of Danish citizens who have already aquired a residence permit in Denmark will be covered by the national health services. There is probably a REASON why these Danish EU-citizens are fleeing their own country to go live in Sweden under the EU-rules..?
Who was asking for the evidence and in what context?
Skatteverket, the tax authority of Sweden, also responsible for issuance of ID-numbers.
Have formal complaints been made, to whom, and what was the outcome?
I have raised the issue with SOLVIT Sweden. The staff member I was in touch with promised me to look into the matter and asked me to encourage affected users of our website to lodge a formal complaint with them.
Interesting.Most, but not all, work in Denmark but reside in Sweden as persons with self-sufficent funds.
If I move to Sweden with my dear wife and I am "self sufficient", then I doubt the Swedish will ask me to get proof of my wife's Danish health insurance. Especially since she has not been in Denmark since 2005 or so.MSH wrote:All of those people working in Denmark but residing in Sweden are both self-sufficient and cross-border workers since they return home each day from Denmark to their home in Sweden.