Printable Version of Topic

Click here to view this topic in its original format

The Local _ Life in Sweden _ Refused twice for a personnummer

Posted by: Finy 9.Jul.2019, 04:21 PM

Hi,

So hoping to get some advice as I'm getting to the point where I'm grasping at straws trying to work out why I can't seem to get a personnumber in Sweden.



So the problems we seem to be having is that because when we lived together in the UK I was on stupid money and my wife was at home with the kids, so she didn't work or study when over there, this has translated into her not exercising her right of residence in the UK which has been why my application for a personnummer has been declined, and that's the only reason I've been given for the refusal.

I have a EHIC and a contract for the Swedish incubator for my company, (but haven't been able to incorporate a private limited company yet - as that's a whole other different problem).

I'm looking for guidance on what's the best sequence of steps from where I am now to making sure I have a personnummer before brexit (+1 year) and things could get more complicated for us.

The last application till the final descision has taken about 8 months, so it feels like we've only got one shot now at getting it right or it's going to overlap with the grace period ending.

Posted by: skogsbo 9.Jul.2019, 09:49 PM

Have you applied for any form of residency?

Posted by: cootje1976 10.Jul.2019, 12:58 AM

QUOTE (Finy @ 9.Jul.2019, 03:21 PM) *
Hi,

So hoping to get some advice as I'm getting to the point where I'm grasping at straws trying to work out why I can't seem to get a personnumber in Sweden.

    - British national male moving to Sweden with my Swedish National Wife.
    - We lived together for 4 years before moving back to Sweden together in September last year.
    - Got married in the UK 2 years ago, and have two kids together both born in Sweden (now 2 and 3)
    - Wife wanted to move back to Sweden to Study medicine in Gothenburg
    - I'm starting my own business in Sweden and have a contract with an incubator programme in Gothenburg, and have enough savings to last a fair while longer prior to getting investment / clients (and obviously already been sufficient for the past 9 months)


So the problems we seem to be having is that because when we lived together in the UK I was on stupid money and my wife was at home with the kids, so she didn't work or study when over there, this has translated into her not exercising her right of residence in the UK which has been why my application for a personnummer has been declined, and that's the only reason I've been given for the refusal.

I have a EHIC and a contract for the Swedish incubator for my company, (but haven't been able to incorporate a private limited company yet - as that's a whole other different problem).

I'm looking for guidance on what's the best sequence of steps from where I am now to making sure I have a personnummer before brexit (+1 year) and things could get more complicated for us.

The last application till the final descision has taken about 8 months, so it feels like we've only got one shot now at getting it right or it's going to overlap with the grace period ending.


At the moment the Swedish agencies are basically just waiting the Brexit dance out, and moved a lot of UK Nationals under the pile when applying for a PN or residence. They are effectively doing that, we have a couple of UK Nationals who are facing the same problem, and who left out of frustration to another EU country where they were approved residence almost immediately.

Your chances will increase if you can get a hold of your case number, and pound on them every day by giving them a call. Outside of that I dunno...

Posted by: bonviveur 10.Jul.2019, 01:41 PM

I would try to get a job just for personummer sake, they have no choice but issue at least samordningsnummer then, good luck you will need it dealing with swedish bureaucrats.

Posted by: at_the_gates 14.Jul.2019, 10:10 PM

Surely by just living in the UK your wife has proved her right of freedom of movement? Have you got any proof she lived in the UK; an NHS Number, a National Insurance Number etc? She must have had those? When she was in the UK she would have been in your situation now, i.e a family member of someone who worked in the UK and freedom of movement applies to that too. Did she ever vote in the UK for a local election? If so you can ask the Council for a Certificate of Inclusion which proves her existence on the electoral roll register and her address. Also she should have been on the council tax bill as a resident of your property?

Posted by: gdbose 15.Jul.2019, 11:25 PM

Sorry to hear that. I am married to a Swede, but we didnt live in the UK together.

I was refused twice for not having the right kind of insurance, which covers self harm etc. I tried several uk insurers but to no avail and EHIC doesn't count

After several months of frustration I decided to set up a Swedish ltd company, which makes a huge difference.

I produced all the information they needed and the migration agency approved my application in 2 days!

I have the name of an excellent and low cost accountant in Stockholm if you need help.

Posted by: Finy 17.Jul.2019, 02:01 PM

QUOTE (at_the_gates @ 14.Jul.2019, 11:10 PM) *
Surely by just living in the UK your wife has proved her right of freedom of movement? Have you got any proof she lived in the UK; an NHS Number, a National Insurance Number etc? She must have had those? When she was in the UK she would have been in your situation now, i.e a family member of someone who worked in the UK and freedom of movement applies to that too. Did she ever vote in the UK for a local election? If so you can ask the Council for a Certificate of Inclusion which proves her existence on the electoral roll register and her address. Also she should have been on the council tax bill as a resident of your property?


Yes, I provided lots of documents on the appeal which had NHS numbers for her, tenancy agreements in her name and all sorts to no avail.

Posted by: john.boy 17.Jul.2019, 05:47 PM

QUOTE (at_the_gates @ 14.Jul.2019, 10:10 PM) *
Surely by just living in the UK your wife has proved her right of freedom of movement?

She did use Freedom of movement to enter the UK. That only applies for 3 months, after that she must meet the requirements for Right of Residence. She apparently did not. Why? Her husband was a British National in Britain, not using Right of Residence, and EU rules are that EU Family members Right of Residence depends upon the other EU Family Member meeting the requirements for Right of Residence!

When in the UK not meeting the requirements, she should have applied for Residence Permit based upon relationship under UK National rules.

Technically, she never stopped being a resident in Sweden.

Posted by: at_the_gates 17.Jul.2019, 08:08 PM

QUOTE (john.boy @ 17.Jul.2019, 06:47 PM) *
She did use Freedom of movement to enter the UK. That only applies for 3 months, after that she must meet the requirements for Right of Residence. She apparently did not. Why? Her husband was a British National in Britain, not using Right of Residence, and EU rules are that EU Family members Right of Residence depends upon the other EU Family Member meeting the requirements for Right of Residence!

When in the UK not meeting the requirements, she should have applied for Residence Permit based upon relationship under UK National rules.

Technically, she never stopped being a resident in Sweden.


As a citizen of an EU/EEA country you don't technically need to apply for a residence card to live in the UK. You can apply for Right of Residence if you want but as a direct family member (wife for example) of a UK national and a member of an EU/EEA country you don't need to. There are no requirements for EU citizens moving to the UK to register their stay with UK immigration. They don't need a UK residence card and that 3 month rule that other EU countries enforce is not something the UK ever adopted. Although from this poster it looks like something the Swedish authorities expect to have been adhered to even in another country. No idea about any exit from Sweden requirements they may have.

Posted by: john.boy 18.Jul.2019, 09:30 PM

QUOTE (at_the_gates @ 17.Jul.2019, 08:08 PM) *
As a citizen of an EU/EEA country you don't technically need to apply for a residence card to live in the UK. You can apply for Right of Residence if you want but as a direct family member (wife for example) of a UK national and a member of an EU/EEA country you don't need to. There are no requirements for EU citizens moving to the UK to register their stay with UK immigration. They don't need a UK residence card and that 3 month rule that other EU countries enforce is not something the UK ever adopted. Although from this poster it looks like something the Swedish authorities expect to have been adhered to even in another country. No idea about any exit from Sweden requirements they may have.

Even in the UK, if you are an EU Citizen that is a spouse of a British Citizen and do not meet the requirements for Right of Residence, then you are not considered resident.

This is what appears to apply with regards the OPs wife. Even though she might try to claim to meet the requirements because she claimed no benefits, was supported by her husband, if she did not have Comprehensive Health Insurance, then she cannot even claim that she had Right of Residence as a Self-Sufficient EU Citizen.

It should also be pointed out, as Brexit may be 31st October, that all talks so far with regards allowing EU Citizens to remain in the UK after Brexit, only applies to those that meet the Right of Residence requirements as defined now! i.e. Technically there could be many family members that might believe they meet the requirements, but actually do not (re: Comprehensive Health Insurance for self-sufficient).

Powered by Invision Power Board (http://www.invisionboard.com)
© Invision Power Services (http://www.invisionpower.com)