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Pregnant swedish citizen and non eu husband

sambo visa

sam.k
post 9.Mar.2016, 01:44 PM
Post #1
Joined: 9.Mar.2016

I am a swedish citizen born in sweden but am from Lebanese parents. Lived my whole life in Lebanon
I am married to a Lebanese husband and we are expecting our first child.
I have been looking for so many ways to go back and start my new life in sweden.
Lebanon is a war zone that has no good future for a new born baby.

I dont have a house or a job in sweden but would like to move in and try my best to start a life there

My Case is that now since Im pregnant and planning to move back to sweden and give birth there, it would be sooo hard if not impossible to be separated from my husband waiting for a sambo visa.

How can we stay together and wait for his residence permit. Do I have a priority case ?

PS: obviously he is going to get a tourist visa at first and travel with me.

Thank youuu in advance, any help would be much appreciated!
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littleviking
post 9.Mar.2016, 01:55 PM
Post #2
Joined: 26.Feb.2014

no chance, you can move back but finding a house will be hard and there will be a lot of problems that will appear. He still has to apply for a resident permit the waiting time is 14 months to even more, there is no more priority.
the reality is that with out the swedish language it will be hard for you and for him. and the only way to move together is for you to wait with him for the visa, but even for that to happen you have to have ties to sweden a house so you and him can live there, a job so you can prove you can support him.
you moving back alone might not be so problematic but you still have to find a place to live and a way to have an income to provide for yourself and your child.

http://www.migrationsverket.se/English/Pri...law-spouse.html
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mjennin2
post 9.Mar.2016, 05:56 PM
Post #3
Location: Västra Götaland
Joined: 8.Mar.2010

@Sam -

I actually disagree with LittleViking on saying you have no chance. You do not need to move to Sweden while you wait for your permit. As a citizen of Sweden, you and your husband can file for a sambo permit while you live the whole time in Lebanon with him. You will need to prove you are serious about moving before they give you the permit, which usually is a rental contract or something that proves you intend to move right after you get the permit, but you don't need to worry about that now. But since you are a citizen, I think you perfectly qualify to file for a sambo permit for your husband.

So long as you apply before 31 May 2016, as a Swedish citizen you will not need to fulfill maintenance requirements proving you can house and financially support your husband - so, you will want to file ASAP (proof of this can be found in Regeringens website here, as well as the official proposed bill here). Current waiting times are running at about 14 months, but it could get longer for today's applicants because the queue is getting more impacted by refugees who are now receiving their residence permits and filing for their family members to reunite with them too.

MV removed the ability to apply for priority last October. As an expecting couple, your case will not move faster than anyone else's case. We have even seen pregnant spouses of Swedes have to do their entire pregnancy in Brazil where Zika and microenchephaly are running rampant. Parents are separated from their children, it is really sad. I have met and seen many, many pregnant Swedes give birth alone, because their partners couldn't even receive a visitor's visa to be present for the birth.

And on that note, it is highly unlikely your husband will be able to get a visitor's visa after you apply for your residence permit. Folks from Lebanon are getting rejected left and right. I know one guy who is employed full-time with the Lebanese army and has every single reason to prove he would return to lebanon after his visit, and just wants to visit his pregnant wife, and they have rejected him several times now. It is up to the embassy whether to grant the visitor's visa, and Lebanon seems unfortunately strict.

So, with all of that said, you have two options: Spend the whole waiting period in Lebanon with your husband and then move after he gets his permit (although, as littleviking said, finding housing and a job will be a severe issue), or you can TRY this technique: do not apply yet for the residence permit. Just apply now to see if your partner can get a visitor's visa so he can go with you to Sweden. Assuming you have family or friends you can live with in Sweden while you seek a new home, you two can go to Sweden with him as a visitor "just for a vacation", and then immediately file for his residence permit as an "inifrån ansökan" when you arrive. There is still a very solid chance you will be rejected and he will have to return to Lebanon after the visit and re-apply there, but also a small chance that MV will let you two stay in Sweden and do the wait from within the country. Here is the link that talks more about this. Note, however, that he won't be able to get a PN until he has his residence permit, so you two will need to find a way to house and support yourselves for up to 18-21 months (which is the current waiting time for people who have been allowed to apply for a sambo visa from within Sweden), which could be an issue.

Your best bet is to apply for the permit now, live in Lebanon with your partner, and start looking for housing now because it will be a challenge to find it. And hopefully within 14 months he will get his approval <3
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littleviking
post 9.Mar.2016, 10:28 PM
Post #4
Joined: 26.Feb.2014

you best chance is to find your husband a job and get a workers permit, it will move faster and you will have some income coming your way and if you get lucky a company might even help you find a place to live.
there are some bigger companies that look for people for people with more special languages, have no clue how your swedish is but it would help both of you to take a fast course while you are looking for a job for your hubby or even while waiting maybe for a visa.
an employer would see that as a big thing.
my Lebanese friends speak both arabic, french and english, cant really assume all have the same languages but this is a good combo.
Quite honestly if your hubby speaks good french he has a big chance of getting a job there and that can be a simpler way to eventually getting back to sweden.
Since you have a swedish citizenship he can come with you under family reunification, no visa required in any Eu country, except Sweden. He will most likely not need a work permit. IF you live in an Eu country for some time you would be a swedish expat moving back home and then he could follow you, i cant find the exact info right now, will have to come back on that.
This can also be helpful in finding proper housing but also a good job in Sweden for your hubby and if you desire as well for you.
the migration office is overwhelmed it takes to much time and you never really know what you should expect. this is why i am saying no chance or at least not worth while doing the sambo way with a tiny baby on the way. parents of little children should be broken apart for waiting for some damn visa.

i know i probably have confused the heck out of you
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mjennin2
post 10.Mar.2016, 12:43 AM
Post #5
Location: Västra Götaland
Joined: 8.Mar.2010

QUOTE (littleviking @ 9.Mar.2016, 09:28 PM) *
you best chance is to find your husband a job and get a workers permit, it will move faster and you will have some income coming your way and if you get lucky a company might ... (show full quote)

1) I agree - work permit is the best option through and through. They could file for a sambo permit now, and then hopefully he can find a job so they can cancel the sambo permit and move forward more quickly with the work permit. Good suggestion there smile.gif

2) In order for her to be registered as a returning expat to Sweden, here is the main resource: Skatteverket's website. It doesn't specify the period of time, however she (as a now-pregnant woman having lived in Lebanon her whole life) would need to establish and document a legally acceptable right of residence either by going to school, getting a job, or having sufficient funds to fund both her and her partner's stay in a new EU/EEA country. And then they would both need to register in that country's national population registry before they could then go to Skatteverket and apply for his PN with the proper proof, and for him to be allowed to get a residence card.

The next problem is that her partner would still need to apply for a residence card in Sweden, and whilst it is quicker than applying for his UT utomlands, the waiting time is still approx. 8 months. It would shave off about 6 months from the current 14-month wait, but would they really save any time in the end, after having to move to a new country, establish legal residence, and then up and move again (while pregnant, no less)? I suppose only time would tell...
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Gjeebes
post 10.Mar.2016, 06:50 AM
Post #6
Joined: 20.Feb.2012

If you are in fact married, and an EU citizen, and your husband in a non-EU national, then you can move anytime you like back to Sweden, and bring your husband with you. He can get a residence permit because as a family member of an EU citizen, he has a "right to residence" and can accompany his family member, so long as that family member is an EU citizen (this is for any EU country as I understand it). On that note, if your husband remains on that status, he will have no right to health care, unemployment, any benefits etc etc, BUT, once here legally, if he can find work (good luck with that), then he can have his status amended such that he will keep his residency, and get the health card.

In my case, even after 6 months working and paying taxes, the tards at försäkringskassan told me I had zero rights to anything here. I only found this out because I was travelling to a science conference, and wanted to have the health card. In the end, migrationsverket told me in order to have my status changed, I needed to move out of Sweden, apply, wait and then return to Sweden. This is while being employed as an assistant professor at a Swedish "university" full-time. Then once my case was brought before a competent person (not impossible in Sweden, but rare) who added 5 words to my papers, I had "full" benefits (so to speak) as a working, tax paying person here in the land of the gifted.

So what your husband wants to apply for is found here (called, "Right of residence for EU citizens' family who are EU citizens"): http://www.migrationsverket.se/English/Pri...U-citizens.html

Then find the section, "Residence cards for EU citizens' family who are non-EU citizens".

Or if the link won't work, try searching google with the string, "Right of residence for EU citizens' family who are EU citizens in Sweden"

My family member is an EU citizen, but not a Swede, so I am not sure how this works for a Swede, in Sweden. It could instead mean if you moved from Sweden to Italy, that it would then apply. Not sure.

Once your husband becomes a tax payer, which here in Sweden gives one god-like status, he can have his papers fixed such that he can actually enjoy the benefits of taxes paid but be very prepared for the fact that försäkringskassan seems not to know that migrationsverket exists, and that migrationsverket knows not that försäkringskassan exists. While they are all satellite entities of the same "state", they do not function as if that were the case.

Disclaimer: this was what I did in my case, how it was in my case. I have no idea if this will work in exactly the same way for your case, since I am not Lebanese. So CHECK this out and make sure that this applies to your case!!!
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Case officer
post 10.Mar.2016, 07:46 AM
Post #7
Joined: 25.Jul.2012

QUOTE (Gjeebes @ 10.Mar.2016, 06:50 AM) *
My family member is an EU citizen, but not a Swede, so I am not sure how this works for a Swede, in Sweden. It could instead mean if you moved from Sweden to Italy, that it w ... (show full quote)


Swedish citizens who live in Sweden are not EU citizens. For your scenario to work the Swedish citizen must have exercised his right as a EU citizen to work, study or live off a capital in another EU country and at the same time have lived with the non-EU-citizen.
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mjennin2
post 10.Mar.2016, 04:34 PM
Post #8
Location: Västra Götaland
Joined: 8.Mar.2010

QUOTE (Gjeebes @ 10.Mar.2016, 06:50 AM) *
If you are in fact married, and an EU citizen, and your husband in a non-EU national, then you can move anytime you like back to Sweden, and bring your husband with you.

If you read the first sentence of her post, she says that she is a Swedish citizen married to a non-EU lebanese citizen biggrin.gif As Case Officer says, if you are a Swedish citizen, you are not considered an EU-citizen in Sweden; only non-Swedish EU citizens living in Sweden enjoy those rights.

She would have to move to another EU country first and establish herself there, and then register her partner, before she would be allowed to relocate to Sweden as a returning ex-pat and bring him with her. More hoops to jump through, and probably the same amount of waiting time at the end of the day, whichever route they choose to take.
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sam.k
post 11.Mar.2016, 03:36 PM
Post #9
Joined: 9.Mar.2016

First of all I amso very grateful for all your quick and helpful responses

But would like to add an important note that I forgot to mention in the initial post:

Over a year ago we actually did apply for a sambo visa while we stayed in Lebanon
We waited dreadfully for 14 months and got our rejection the reason being that we had nothing connecting us to sweden.

Since this will be our second try, does it change anything ? will the duration be less to wait ?!
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mjennin2
post 11.Mar.2016, 06:29 PM
Post #10
Location: Västra Götaland
Joined: 8.Mar.2010

QUOTE (sam.k @ 11.Mar.2016, 02:36 PM) *
First of all I amso very grateful for all your quick and helpful responsesBut would like to add an important note that I forgot to mention in the initial post:Over a year ago ... (show full quote)

Hmm, that does change things a little. For the record, I get EXTREMELY pissed off when I hear of couples waiting so long just to be rejected; as if an admin couldn't have done you the favor and let you know after only a few months?! Ugh!

A previous rejection will show up on "your record"... and I reckon that if nothing has changed about your circumstance, they will reject you again (although maybe the presence of a child might help your case?). In which case, you would need to move Sweden and either establish a residence or get a job or enroll in school to solidify your ties to Sweden (although, again, I should think that the fact that you are a citizen is "strong ties" enough!?), but even still you two would have to do the full wait separated. Waiting times are still the same length - 13-14 months.

If that is not an option, have your husband work tirelessly to find a job in Sweden, and you all can enter on his work permit. The wait times are significantly shorter going in on a work permit.

And if that is also unsuccessful, you may consider "Plan C": one of you two finding a job or enrolling in school in any other EU/EEA country, establishing a residence there, entering yourselves into the national population registry, and then eventually immigrating to Sweden with you being the returning expat.

Work permit is the easiest route (assuming your partner is in a profession that is in-demand and doesn't require Swedish fluency). Otherwise, they are all difficult paths. I think what we all have learned - those of us who have entered the queue and fought it out to the end - is that if it is really worth it, then you'll do whatever is necessary in the short term, in order to have your vision of the future become a reality for the long term. This process requires super-human patience and sacrifice and is a true burden in all respects as you already know; but if it is that important, you will make it through and be a stronger person for it in the end smile.gif <3
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Case officer
post 11.Mar.2016, 06:45 PM
Post #11
Joined: 25.Jul.2012

QUOTE (sam.k @ 11.Mar.2016, 03:36 PM) *
Over a year ago we actually did apply for a sambo visa while we stayed in Lebanon. We waited dreadfully for 14 months and got our rejection the reason being that we had nothing connecting us to sweden.

Your partner need to show that you plan to move to Sweden in the near future. This can be shown by one of you having a job waiting in Sweden or that you have arranged accomodation in Sweden.
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