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I am asking this community to help me find a written source because various advisors from the Swedish Migration Agency have contradicted each other in their statements.

I am a Norwegian citizen. My wife is a Russian citizen.

I am planning to settle in Sweden for work. I want my wife to settle with me there.

My wife is currently in the Schengen area on a type C visa, so she can come with me to Sweden. But her visa expires on the 23rd of July.

If I live and work in Sweden, she is entitled to stay with me under EU law.

However, the Swedish Migration Agency have informed me that if we apply for such residency for her, the processing time can be up to ten months.

Various advisors from the Swedish Migration Agency have told me contradictory things.

Most commonly I have heard.

A: She is allowed to stay legally in Sweden while we wait for her application to process.

However, today someone from the Swedish Migration Agency told me that:

B: She has to leave Sweden while her application is processing and can only return once it is granted.

All I have is these oral (contradictory) statements from various advisors at the Swedish Migration Agency. I need a written source stating clearly whether it is A or B.

That is what I am asking for in this question.

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  • Was comment B made explicitly in the context of EU freedom-of-movement law?
    – phoog
    Jun 14, 2017 at 15:35
  • @phoog I might not have made that sufficiently clear to the advisor. That may be the key difference.
    – Fiksdal
    Jun 14, 2017 at 15:58
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    The principle is that her right to freedom of movement flows directly from EU law, which is why the document is called a residence card rather than a residence permit. Failure to have the card can be punished only by "proportional" measures similar to those imposed on a country's own citizens for not having an ID (this is why the cards are not mandatory in the UK, for example). So, as Sayed's answer explains, she cannot be required to leave the country while the residence card application is pending, but someone applying for a residence permit could be.
    – phoog
    Jun 14, 2017 at 21:21

1 Answer 1

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On http://europa.eu it says;

During their first 3 months in your host country, your family members who are not EU nationals cannot be required to apply for a residence card confirming their right to live there - although in some countries they may have to report their presence upon arrival.

After 3 months in your host country, your non-EU family members must register their residence with the relevant authorities (often the town hall or local police station). 

To obtain a residence card, they will need:

  • a valid passport

  • your registration certificate as an EU national or any other proof of your residence in the country

  • proof of the family relationship with you (such as a marriage or birth certificate).

  • for (grand)children, proof they are under 21 or dependent on you for (grand)parents, proof that they are dependent on you.

  • for other family members, proof that they are dependent on you or there are serious health ground requiring you to take personal care of them.

  • for unmarried partners, proof of a long-term or durable relationship with you

No other documents may be requested.

The authorities should make their decision to issue a residence card or not within 6 months. If they do not do so, you can call on our assistance services. In any case, your non-EU family members cannot be expelled if their visa expired while their application is being processed.

If their application is rejected, the authorities must give them the decision in writing, stating the grounds for the decision and its implications, and specifying how your relatives/partner can appeal and by when.

If their application is accepted, the residence card will often be issued free of charge. If fees are charged, they may not be more than those charged to nationals for similar documents, such as identity cards.

The document should clearly state that it is the residence card of an EU national family member.

The residence card should be valid for 5 years (or for your planned length of stay, if shorter). Any change of address may need to be reported to the authorities.

Your family members may use their residence card to travel to another EU country but if they want to move to another EU country, they have to apply for another residence card in the new host country. And as long as they
- your or your partner's unmarried children under 21 years of age.

  • your or your partner's children over 21 years of age if they are dependent on you for financial support.

  • your or your partner's parents who are financially dependent on you.

As you see your wife has the right to apply the residence card within Sweden without the need to leave the country!

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  • Gotta love these EU rules.
    – Fiksdal
    Jun 14, 2017 at 20:00
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    @Fiksdl have a look at Article 7 of Directive 2004/38/EC, and Chapter 6 of the Guide to Free Movement, those regulations clearly detail your situation!
    – Sayed A.
    Jun 14, 2017 at 22:16

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