Sweden in breach of community law

[MSH]

Just a heads up to any EU citizens contemplating a move to Sweden:

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.

This new breach of community law leaves the third-country family members of union citizens moving to Sweden without access to both basic health services as well as the job market, since the issuance of an ID-number in Sweden now is predicated on such proof of comprehensive health insurance. And no one will be hired for work in Sweden WITHOUT an ID-number nor allowed access to basic health care.

[Directive/2004/38/EC]

Any links to Swedish official web sites? Does this depend at all what the EU citizen is doing in Sweden?

[MSH]

Any links to Swedish official web sites? Does this depend at all what the EU citizen is doing in Sweden?

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.

But these 'new rules', as the swedes refer to them, are being applied to all categories of union citizens; workers, pensioners, students and the self-sufficient. When unon citizens and their family members try to apply for an ID-number at the relevant authority 'Skatteverket', they are informed that the third-country spouse needs to show comprehensive health insurance issued by another member state. This, however, would require such a third-country spouse to have had aquired legal residence in another member state before moving to Sweden, and therefore the principles laid down in the Metock-ruling which explicitly prohibits member states to require previous legal residence within the EU are NOT being respected by Sweden.

Swedish SOLVIT have been informed of the illegal practice, next step is a formal complaint to the Commission and the European Parliament.

But very depressing to see even the swedes succumb to the temptation to bend the rules on free movement and taking families hostage in the process..

[newbieholland]

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.

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

[Directive/2004/38/EC]

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.

[MSH]

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.

Well, all I can say is in that case those assuming this are clearly in the wrong.

The Directive is exhaustive in its demands on union citizens and their family members. This means that the member states are not allowed to require additional demands to those already laid down in the Directive which was the whole point of formulating Directive 2004/38 in the first place.

Are you aware of other member states requesting comprehensive health insurance issued by another member state from third-country spouses?

Regards,

MSH.

[MSH]

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

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.

Key word here is EXHAUSTIVE.

[newbieholland]

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

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.

Key word here is EXHAUSTIVE.

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.
There is no clarification on the requirements for the non EU spouse of self sufficient EU national. I was asked to buy CSI to obtain my RC and I assume that this is in line with the directive this time. Let me know if you see it the other way round .

[Directive/2004/38/EC]

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?

[MSH]

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?

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.

In cases where children are asked to show proof of insurance the swedes would also come into conflict with the UN convention for childrens rights, specifically art. 24.

[Directive/2004/38/EC]

Can you give more details from the cases you have heard of...

What is the EU citizen doing in Sweden?
What evidence did the require of the spouse?
Who was asking for the evidence and in what context?
Have formal complaints been made, to whom, and what was the outcome?

[MSH]

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.

[Directive/2004/38/EC]

Most, but not all, work in Denmark but reside in Sweden as persons with self-sufficent funds.

Interesting.

If you are considered "self sufficient", then the local immigration service can request to see proof of Comprehensive Sickness Insurance (or CSI). I do not believe they can require that it comes from a specific source. This is common in the UK.

There is a seperate case of being a "cross border worker". I do not know what the rules are in this case. Here you live in one country, and work in another. So for instance if I live in Germany and work in Denmark. To be considered in this category I have to go home to Germany at least once per week. There is far less written about it, though there are some ECJ court cases.

Which catgegory do your examples come from?

[MSH]

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.

[Directive/2004/38/EC]

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.

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.

So that makes me think that they see the non-EU spouses as being spouses of commuters rather than of self sufficent.