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Reunification Delay Immigration

How to make my right to be respected?

j.max
post 14.May.2013, 01:30 AM
Post #1
Joined: 13.May.2013

Hello every body,
we are here after searching on internet, a place where we could have a legal advice about Swedish immigration. we hope their could be here someone, whom have been also in the similar situation as us, and would like to share how he/she figure it out.
i apply for family reunification in Sweden in September 2012 under EU rules, and until today in May 2013 my wife and i had not recieve a answer from immigration.
my wife and i had been on this website:
http://europa.eu/europedirect/meet_us/index_en.htm ; and they tell us, the delay to answer a application for family reunification under EU rule is 6 months.
according to: 29.6.2004 Official Journal of the European Union L 229/41
Article 10
Issue of residence cards
1. The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called ‘Residence card of a family member of a Union citizen’ no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.

that make us confuse because we already over 8 months now waiting for the answer.
we will be really happy, to have some advice or help for this stressful situation.

thank you
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Case officer
post 14.May.2013, 02:45 PM
Post #2
Joined: 25.Jul.2012

I assume that you are a EU citizen who lives in Sweden and that your wife is a non-EU-citizen who has applied for a residence card. I also assume that your wife is waiting in Sweden for the residence card. According to the Migration Board's web site the estimated processing time is 11 months. Contact the justitieombudsmannen, JO, if you believe that the Migration Board is not respecting your legal rights.
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j.max
post 14.May.2013, 08:39 PM
Post #3
Joined: 13.May.2013

yes,is writing even now in the sweden board's website that, waiting time for online application is 7 months; and for application papers 12 months. http://www.migrationsverket.se/info/2246_en.html.
however, when we were applying in september 2012 it was writing: 6 months for online application and 10 months for papers application.
and question is to know also if is witing time for application under swedish law reunification or under EU rule familly ruenification???
nevertheless thank you for informations you gave us that will be very helpfull.
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Case officer
post 14.May.2013, 10:09 PM
Post #4
Joined: 25.Jul.2012

The name of the EU directive is 2004/38/EC, available here:

http://eur-lex.europa.eu/LexUriServ/LexUri...077:0123:EN:PDF

Article 10 section 1 reads:

The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called "Residence card of a family member of a Union citizen" no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.
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j.max
post 14.May.2013, 11:18 PM
Post #5
Joined: 13.May.2013

i will start by thank you for attention you give to our case.
i have some others question, and i will be happy if you can help or someone else with some answers.
first question is that: the waiting time from the migration board website, is it a waiting for application for family reunification under EU rule? or the waiting time for application of family reunification under Swedish rule?
second question is that: which can be the result if i write a complaint, against migrationsverket in justitieombudsmannen, JO? (will it take again a long time to our case to be process justitieombudsmannen, JO). also could we ask for any compensation about?
we received a paper name Mottagningskvitto from migrationsverket, when we apply in september 2012. i don't know if is that the certificate?
i hope is not too much questions, i had been asking. it just because he impossible to my wife to do any thing actually in sweden( study, work,open a bank account or even go to swedish language cursus). and she stressing more and more very days.
thanks you agin for help
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Case officer
post 15.May.2013, 04:55 AM
Post #6
Joined: 25.Jul.2012

The web link you gave is for residence permits under national law, hence the EU directive is irrelevant.

If your wife meets the requirements of the said EU directive she is allowed to work in Sweden or apply to study at college level. No bank is required to accept customers.

Under law, EU citizens, their familes and Swedish citizens must be treated equally. Since Swedish citizens do not have a right to Swedish language class, non-Swedish citizens who are not offerered Swedish language class are not treated unjustly.
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j.max
post 15.May.2013, 09:15 AM
Post #7
Joined: 13.May.2013

hi, but in migrationsverket they tell us she can not work until she get the answer.
and where can i see the delai time for Eu rule in sweden? also i am a danish citizen, and i saw there must be also another form to apply, under nordic agreement.
and did you note my question 2( which can be the result if i write a complaint, against migrationsverket in justitieombudsmannen, JO? (will it take again a long time to our case to be process justitieombudsmannen, JO). also could we ask for any compensation about? )
thanks you
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Yorkshireman
post 15.May.2013, 12:05 PM
Post #8
Joined: 22.Nov.2011

QUOTE (j.max @ 15.May.2013, 09:15 AM) *
also i am a danish citizen, and i saw there must be also another form to apply, under nordic agreement.

If You do not meet the requirements for EU Right of Residence, then the EU Freedom of Movement does not apply and You will be treated as a Swedish Citizen for reunification purposes.
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j.max
post 15.May.2013, 12:18 PM
Post #9
Joined: 13.May.2013

hi Yorkshireman,
may you can explain what you means by: "If You do not meet the requirements for EU Right of Residence, then the EU Freedom of Movement does not apply and You will be treated as a Swedish Citizen for reunification purposes"?
because i am working in Denmark and life in sweden, and when we were in the migrationskervet. they offer to us many form of application my wife could submit. according to swedish rule or according to EU rule, and we choose to submit only EU rule application even they tell us she could apply for both.
thanks
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Case officer
post 15.May.2013, 06:29 PM
Post #10
Joined: 25.Jul.2012

If your wife meets the requirements of the EU directive 2004/38/EC she can work in Sweden and no work permit is necessary. Regarding JO, justitieombudsmannen, it can not change the outcome of individual applications, only critizise the Migration Board of its processing system and how applicants are treated.
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Yorkshireman
post 15.May.2013, 07:44 PM
Post #11
Joined: 22.Nov.2011

And it is very clear in the Migrationsverket's public information that for Resident Permits for family members of Nordic Citizens is 12 Months for 1st time applications, and 8 Months for extensions. For resident card, if application was on paper the waiting time is 11 Months, and if it was done online then 5 Months.
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j.max
post 16.May.2013, 06:37 PM
Post #12
Joined: 13.May.2013

we asked that question, about work during waiting time. and they says, she doesn't have a right to work during waiting time for an answer.
we apply under EU rule and not Swedish rules.http://www.migrationsverket.se/info/5494_en.html
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Yorkshireman
post 16.May.2013, 07:43 PM
Post #13
Joined: 22.Nov.2011

In this thread you write:
QUOTE (j.max @ 16.May.2013, 06:37 PM) *
we asked that question, about work during waiting time. and they says, she doesn't have a right to work during waiting time for an answer.we apply under EU rule and not Sw ... (show full quote)

Yet in this other thread you write:

QUOTE (j.max @ 14.May.2013, 08:50 PM) *
We got married in Denmark, and shortly after my wife moved to Sweden. We have applied under EU rules for family reunification, but we havent received any answer from Swedish i ... (show full quote)

So, what's the problem? You say at one moment She cannot work, open a bank account etc... yet in the other thread you say She has a job, is registered at Skatteverket (=personnummer?) ...

So, which is it? rolleyes.gif
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j.max
post 17.May.2013, 01:11 AM
Post #14
Joined: 13.May.2013

hello, thanks for yours helps.
Yorkshireman, i first didn't understand what you wrote. but after i went back to my discussion time line recording i understand better smile.gif. in fact the other discussion topics two days ago, i asked my wife to answer it because, i was going to pick someone in the airport in copenhague. being already late i tell her to read and answer. that is where the misunderstood from. smile.gif. so thanks for close attention biggrin.gif.
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j.max
post 31.May.2013, 01:04 PM
Post #15
Joined: 13.May.2013

hey guys, just wanna thanks all of you.
today we recieved a letter of decision from Migrationsverket, and the answer was a yes.
it had not been easy for us to have it, but thanks to you and specially thanks for you CASEOFFICER, yours advices help us a lot.
i will also writte this to other who are in the same situation, if you do not try to move things things will not move by themself.
the legislation is clear and Eu directive too, we made have this decision after 6 months but it took us 9 months. however i learn from the situation more than if we shall recieved a decision in delay.
down here is the step we use to make our right be regornise:
-we apply the 14/09/2012
-the 18/03/2013 we when to migration and nothing
_we found thelocal webside and post our problem
-we went on this wedsite http://europa.eu/ we talk we some advices and they tell us to send a complain to solvit
-we send a complain to solvit sweden 10/05/2013
-we got a person from solvit to look into our case 16/05/2013
-we send another complain to solvi denmark
- today we have decision 29/05/2013

i hope that could help other GOD BLESS YOU
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