schengen visa type C moving with eu spouse!

koded · Post by **koded** » Wed Apr 22, 2009 7:37 am

I live in egypt with my eu spouse from Lithuania. and currently I got lithuania schengen type C visa. We wish to visit lithuania for a couple of day and we will then move to sweden. Is possible to obtain resident permit while in sweden?

Post by **Directive/2004/38/EC** » Wed Apr 22, 2009 12:12 pm

Of course!

You should read about Directive 2004/38/EC which describes the rights of you and of your wife.

If you want to reside in Sweeden for more than 90 days, then your wife will need to be working or studying, or will need to be self sufficient. You and your wife can legally work from the day you arrive in Sweeden.

Post by **ca.funke** » Wed Apr 22, 2009 12:18 pm

koded wrote:I live in egypt with my eu spouse from Lithuania. and currently I got lithuania schengen type C visa. We wish to visit lithuania for a couple of day and we will then move to sweden. Is possible to obtain resident permit while in sweden?

Yes, I think you can just go to Sweden and then stay there, no need to apply for anything before.

Most of what you need to know is described >>here<<.

Articel 7 of Directive 2004/38/EC exhaustively explains the conditions which allow you to stay. As an entry-visa is not listed, it may also not be demanded. In other words: It does not matter how you get to Sweden. The fact that you are married to an EU national overrides all additional national restrictions you may encounter.

The only thing I'm not sure about: There are some transition rules in place, concerning the relations between the old EU-15 and the "new" EU member states. As you are married to a Lithuanian you will have to find out if there are any resrictions. As far as I know Sweden does not apply any transition rules, but I'm not sure.

Good luck.

Post by **Directive/2004/38/EC** » Wed Apr 22, 2009 1:38 pm

The OP already has an entry visa - the schengen visa has already been issued.

Tobbe · Post by **Tobbe** » Wed Apr 22, 2009 1:57 pm

All information needed can be found at http://www.migrationsverket.se/english.jsp

Information for you
http://www.migrationsverket.se/english/ ... are/uk.jsp

Information for your spouse
http://www.migrationsverket.se/english/ ... rering.jsp

BTW:

"Application for a residence permit

Certain persons do not have right of residence as family members. This applies to persons who are EU/EEA citizens and who are
a husband/wife, registered partner, co-habitee, child of a Swedish citizen
a husband/wife, registered partner, co-habitee, child of a citizen of a country that does not belong to the EU/EEA

A person who does not have right of residence in Sweden but wishes to stay in the country for more than three months must apply for a residence permit. As an EU/EEA citizen you can submit an application after entering Sweden. This can be done at any of the Migration Board permit units. For further information about a residence permit as a result of family ties, reference can be made to the web page Residence permits on the grounds of family ties."

Thats not right is it? What happened to returning citizens?

koded · Post by **koded** » Wed Apr 22, 2009 2:02 pm

thanks all! I appreciate the information and now I can understand. The visa is already issued. i was only afraid that they will be demanding the I should go back and apply for resident permit in my home country. I dont have long time visa. It was only 14 days. I was intending of apply for resident permit before the entry visa expire. so I should apply as soon as I go there?
thanks once again

Post by **Directive/2004/38/EC** » Wed Apr 22, 2009 2:10 pm

Note that before you apply your wife may need to be working, or you may need to both have enough money to be self sufficient and have arranged health insurance.

In any case it is worth applying as soon as possible, within the 14 days. If you do not have what they need, they can always tell you what you have to arrange.

Always remember that you are the family member of an EU citizen and so special rules apply.

koded · Post by **koded** » Wed Apr 22, 2009 4:09 pm

thanks again. I may wish to try because I dont want to be illegal there. Also, my wife is expecting and may find it difficult to find job. That one of the reason why I think I should be officially live there and find job as well.

Post by **Directive/2004/38/EC** » Wed Apr 22, 2009 4:30 pm

If you are married to an EU citizen, then it is very difficult (impossible?) for you to be "illegal". You have a lot of rights.

You can start to work immediately. No restriction on what kind of job you do. Key is that you earn enough money that your wife can be considered officially "self-sufficient".

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schengen visa type C moving with eu spouse!

schengen visa type C moving with eu spouse!

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