Sweden asking for more than Directive 2004/38/EC says

[negomilamb]

Hi all!!

Basically, while we are still trying to work out our long term immigration options, me (UK citizen) and my Palestinian husband want to travel to Sweden for a month. (we are thinking about studying there in the future and have a lot of friends staying there).........

We thought that under EU directive 2004/38/EC ect, this would be simpler than applying for visitors permit to the UK. BUT they are asking information about who we are visiting in Sweden, and sending us forms for them to fill out ect. They are sending us forms about getting invitations to see Swedish friends, NOT the short stay schengen eu faily member form.

Although we were planning to see friends there, I was under the impression that we did not need an official invite from a swede to go, and I could relatively freely travel with my husband? Has anyone else got any advice or experience with Sweden?

Thanks!!

[EUsmileWEallsmile]

Simply apply for a schengen visa, pay close attention to the form and do not complete the items marked not relevant to family members. You will need proof of relationship to an EU citizen.

[negomilamb]

here is the email reply i got from swedish embassy - they are saying it does not apply to me as i am not moving to or live in sweden



In accordance with article 3 of Directive 2004/38/EC it applied to:

“…all Union citizens who move to or reside in a Member State other
than that of which they are a national, and to their family members as defined in point 2 of Article 2
who accompany or join them.

Since you are a UK national living in the same country which you are a national the Directive 2004/38/EC on the right of citizens of the Union and their family members
to move and reside freely within the territory of the Member States does not apply to you and your husband.

For that reason if your husband applies for a visa to visit Sweden he is bound by the law as laid down in the Visa Code, a EU regulation supplanting the part of the Schengen Convention dealing with Schengen visas.

[EUsmileWEallsmile]

The person who wrote that email requires to be educated.

I take it that you are British and have a family member who wishes to travel with you to Sweden. This is most certainly covered by the directive.

[negomilamb]

The person who wrote that email requires to be educated.

I take it that you are British and have a family member who wishes to travel with you to Sweden. This is most certainly covered by the directive.

That is what I thought :s....I don't understand - he's interpreting the words 'move to' in a bit of an odd way. I will email Solvit and my europe advice.....have you or anyone got anymore suggestions?

We will travel from Egypt to Sweden together (not Europe) - there isn't a requirement that neither of us should have lived in Europe is there?

Yess, I am British.

[Directive/2004/38/EC]

Complain to the Swedish foreign ministry, to http://www.government.se/sb/d/12720 and to the Ambassador. Do all 3 as two will not work out. Be clear.

[acme4242]

They mention Visa Code
The Embassy Staff need to actually read it.
see PART III from page 86

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

PART III: SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY
MEMBERS OF EU CITIZENS OR SWISS CITIZENS

3.6. Supporting documents
In order to prove that the applicant has the right to be issued with an entry visa under the
Directive, he must establish that he is a beneficiary of the Directive. This is done by
presenting documents relevant for the purposes of the three questions referred to above, i.e.
proving that:
• there is an EU citizen from whom the visa applicant can derive any rights;
• the visa applicant is a family member (e.g. a marriage certificate, birth certificate,
proof of dependency, serious health grounds, durability of partnerships …) and his
identity (passport); and
• the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).


It is an established principle of EU law in the area of free movement that visa applicants have
the right of choice of the documentary evidence by which they wish to prove that they are
covered by the Directive (i.e. of the family link, dependency …). Member States may,
however, ask for specific documents (e.g. a marriage certificate as the means of proving the
existence of marriage), but should not refuse other means of proof.

[EUsmileWEallsmile]

@negomilamb, I'm not sure if you applied or are planning to apply. IF the latter, I would be inclined to submit an application and the relevant section of the visa guide (another contributor quoted from this).

[negomilamb]

Great, thanks so much for the help everyone!

update -

So I emailed the consul telling him that he had interpreted the directive wrong, and I said would email solvit, myeurope, and the ambassador, and I also called him a couple of times during consul opening hours....and got our friends to keep calling them too :p . He emailed me back last week:

'Your husband can apply for a visa, free of charge if he fulfills the conditions set out in article 3 of Directive 2004/38/EC - if your residing in or move to (which given the other paragraphs in 2004/38/EC should also be seen as visit) another member state, in this case Sweden, and he accompanies or joins you there.

What he needs to present to us is his passport, one passports photographs (to be scanned to the visa) and original marriage certificate.'


Submitted everything yesterday, Now just have to wait a couple of weeks! Thanks again

(And this was just planning to apply, we didn't want to apply until we were reasonably sure that the visa would be issued, because I've heard a visa rejection is quite bad for future applications.)

[EUsmileWEallsmile]

Good follow up on your part.

[ukforever]

Great, thanks so much for the help everyone!

update -

So I emailed the consul telling him that he had interpreted the directive wrong, and I said would email solvit, myeurope, and the ambassador, and I also called him a couple of times during consul opening hours....and got our friends to keep calling them too :p . He emailed me back last week:

'Your husband can apply for a visa, free of charge if he fulfills the conditions set out in article 3 of Directive 2004/38/EC - if your residing in or move to (which given the other paragraphs in 2004/38/EC should also be seen as visit) another member state, in this case Sweden, and he accompanies or joins you there.

What he needs to present to us is his passport, one passports photographs (to be scanned to the visa) and original marriage certificate.'


Submitted everything yesterday, Now just have to wait a couple of weeks! Thanks again

(And this was just planning to apply, we didn't want to apply until we were reasonably sure that the visa would be issued, because I've heard a visa rejection is quite bad for future applications.)

well done.