Advise on moving to Sweden with my Swedish partner

[Wentze fourie]

I and my Swedish Wife have been living in the UK as a Married couple for over 7 year. I am residing on a EEA Residence card as I am South-African. She has had an offer of employment in Sweden and we are now thinking of moving to Sweden. My question is as follow:

1. Am I allowed to work and life in Sweden on my EEA residence card?
2. If 1. Is a no am I allowed to apply for my Swedish residence card in Sweden?
3. When I apply for my Residence permit in Sweden would I be able to work in Sweden whlie awaiting a decition?

From what I have read so far it seems like it becomes more complicated as my wife is moving back to her home country and as such is no longer exercising "Free movement" and because im staying on her passport I won’t be exercising "Free movement". I have however come across some statements that you could travel and apply in Sweden under certain circumstances. I would find it hard to believe that after 7 year of married live in the UK I now would have to part from my wife and go back to South-Africa to apply for my visas as I would not be eligible to live in UK when she is not living here. It would be much appreciated for any further advice on this issue as we need to make a decision now if we will be moving to Sweden.

[Donutz]

Quick reply (for now, short on time): if she returns to Sweden she and you will still be excersising freedom of movement and you can apply for a Swedish ressidence card that says " family member of an EU/EEA national".

See Directive 2004/38/EC and read through the first pages.

This is also known as the Surrinder Sighn route or EU route.

[Wentze fourie]

Quick reply (for now, short on time): if she returns to Sweden she and you will still be excersising freedom of movement and you can apply for a Swedish ressidence card that says " family member of an EU/EEA national".

See Directive 2004/38/EC and read through the first pages.

This is also known as the Surrinder Sighn route or EU route.

Thanks for your reply. The statement " Move and reside freely" I would understand that I am allowed work activaties as long as im residing with my wife. In theory I could move with her to Sweden with my EEA residance card as this would act as an entry visa and while in Sweden work while perhaps awaiting a Swedish resicance card? Do I actualy need to apply for a Swedish residance card as my current visa states EEA residance card of a family member of an EU/EEA national but issued in the UK?

[dalebutt]

Yes you will have to apply for Swedish residence card, Article 10 cards allows you entry and stay of up to 3 months only.

[Wentze fourie]

I am now even more confused. My wife called the Swedish immigration and has been advised that she would be classed as a Swedish Citizen and not an EU citizen. For this reason I would need to apply for a Visa in UK before entering and can not enter before. This jdoes not make any sense cause a Swedish Citizen is automatically a EU Citizen if im not mistaken. Apparently they have never heard of a EEA Residence card either so not sure the correct advise was given. Any further advise?

We are now thinking of applying for a permit before going to Sweden but again I can not find any information if I can apply while my Wife is still living in the UK with the thought of moving to Sweden. Can only find info on moving to your family already in Sweden.

[dalebutt]

A swedish citizen is not automatically an EU citizen in her own country, but in your own case your wife would be treated as if she were an EU citizen because she has exercised her rights in the UK before moving bak to Sweden, whoever said the opposite is wrong, that is because it was probably the CS that you spoke with.

[Wentze fourie]

A swedish citizen is not automatically an EU citizen in her own country, but in your own case your wife would be treated as if she were an EU citizen because she has exercised her rights in the UK before moving bak to Sweden, whoever said the opposite is wrong, that is because it was probably the CS that you spoke with.

Thanks for the advise. Will keep the post updated if I decide to apply in Sweden and the outcome.

[Donutz]

I can 't find any info on the Swedish immigration website either, that's a pity. Try sending an e-mail instead. But basically your wife returns and will be seen as a person excersising her freedom of movement rights because she lived in an other EU nation. You can come with her, keep you UK permit when you leave the UK, and apply for ressidency. You should then get a card "family member of EU/EAA spouse". Not many requirements can be made such as language classes, just don't be a unreasonable burden to the state.

Try to read about the SS/EU route. Surely there is a Swedish website or forum on people going to say Denmark for 3-12 months to return back home with their non EU spouse under directive 2004/38/EC. It should be straightforward in theory aslong as your wife can show she has lived in the UK for atleast 3 months and had her centre of live there. Obviously she did but how difficult/unwilling (or incompetent) the Swedish immigration department will be can only be told by other Swedes who returned home with their non EU family after having lived elsewhere in the EU for a while.

[sheraz7]

If you have lived for 7 years together with your Swedish wife in UK then why didn't you apply PR after 5 years and then upgrade it to British citizenship? I believe the Swedish immigration is correct because EU directive does not apply in EU's national own country of origin, however, if the EU national has worked/self employed in another EU state then can be benefited rom surinder Singh route on return.

[bluecole2]

Why don't you secure a pr here based on you and your wife's 7 years residence in uk? Was she working through the last 7 years? If no, how long has she been working in the last 7 years? You may already qualify for pr and you may want to consider obtaining that before joining your family in Sweden should you relocate.

[Wentze fourie]

I have done some homework and came accross the Migrationverget site ( The Swedish immigration website) with the following link: http://www.migrationsverket.se/English/ ... mbers.html
This link clearly states I am allowed to work and live in Sweden as long as I register with the Swedish Migrationboard. With this in mind I would still apply for a residance cards to confirm my status in Sweden. Im very sure with all the evidence we have the move to Sweden should be legitimate.

[Donutz]

Good find, I couldn't find that page but you found the page yourself. Good to see the Swedes actaully do provide this information. Together with the info from the EU website and possibly specific info on SS\EU route info for Swedes returning home after having lived in an other EU country with their non EU spouse you should be fine, aslong as she can convince the Swedes that she lived in the UK with you.

Stick to your UK RC untill you get eveything sorted out in Sweden (you getting a Swedisg RC that says you are a family member of an EU/EAA citizen).

[Annrik]

Hi,
I was reading through the post.
Actually i am currently going through the same situation. I have been married to Swedish national for more the 2 years, I am on an EEA2 visa. my Mrs has recently moved to Sweden to study. and I want to move with here there. while searching for the visa process, I have been told that the only way i can apply for her dependent visa is to apply from the country of residence.
Is there by any chance any possibility of applying from Sweden? As the whole procedure takes more the 18 months at time.
any advice would be highly appreciated.
Best of regards,
Annrik