(edit title) Cohabitation visa without permanent residence EU-US couple Options

[Yorkshireman]

The only condition the EU Citizen needs to meet is that they meet the Rights of Residence requirements when their sambos Residence Card. Use the EU rules, the US citizen can come to Sweden before you apply, and You do not have to have lived together ...depsite what it says on the web site. There is absolutely no provision in law that states a relationship with EU Citizen/non-EU citizen must have begun before the EU citizen used their Right of Residence to come to Sweden. the US Citizen also has the right to enter Sweden under the tourist 90 day visa free rule, and must be here to make the application for Residence Card.

[axiom]

Court case 3289-08 was about a married couple. The court in its decision wrote:"När det gäller frågan om uppehållstillstånd på grund av anknytning till sin i Sverig ... (show full quote)

Court case 3289-08 was about a married couple. The court in its decision wrote:

"När det gäller frågan om uppehållstillstånd på grund av anknytning till sin i Sverige bosatte make är avgörande om NN kan utgöra en sådan anknyningsperson som avses i 5 kap. 3 § utlänningslagen." Boyfriends are not included in the list given in the Alien's act chapter 5 § 3. ... (hide full quote)

Again you are missing the point. the question challenged here is not if a husband can bring his wife to Sweden, it is if an uppehållsrätt is sufficient to be an anknytningsperson in Sweden or must the person must have a PUT/PUR. Hence when 2010:5 made reference to the UM3289:08 it only referred to the extract:

Migrationsöverdomstolen har i UM 3289-08 fastslagit att en person som vistas med uppehållsrätt i Sverige kan utgöra anknytningsperson även i fråga om uppehållstillstånd enligt 5 kap. 3 § utlänningslagen.

And for completeness, Migrationsverket does not single this out in their interpretation of the decision. In fact when it comes to sambo permits, migrationsverket applies the same set of rules to both sambos and unmarried partners stating very clearly:

Migrationsverkets handbook pg 176:

Sverige har valt att likställa sambor med gifta

In other words, there is no difference in Swedish migration law between a Sambo and a wife for the purposes of migrating to Sweden. A boyfriend is nothing more than a "blivande sambo" someone I met abroad and want them to move here, it is nothing more than that. When I moved to Sweden I was just a "boyfriend", never lived together.

[Squig]

It's been a while since I last posted here, but I figured I'd give an update. Migrationsverket had issues giving a straight answer until I asked them specifically about the "Blivande Sambo" section;

"My question is: Does the section "Blivande sambo" under the chapter "EES-medborgare och deras familjemedlemmar" in "Handboken för migrationsärenden" allow us to apply for a cohabitation visa, and if so, how can we claim eligibility on the basis of this rule in the application?"

The response I got was pretty clear;

"No, you need to be married or proof that you have lived together outside of Sweden. For more information visit our website: http://www.migrationsverket.se/info/7518_en.html "

I realise I could potentially fight this if they indeed turn down a request for a cohabitation visa, but I'm not sure how long that would take.

[Squig]

I realise this thread is old but since we succeeded I figured I'd give an update.

We ended up getting married, and my husband moved to Sweden shortly after. He applied for an UK and got approved within a month, registered for a Master's programme, and got tuition-free status. I received my PUR 'certificate' last year after a year of waiting. I then applied for citizenship and got approved two months later. My husband will apply for a PUK next year, and MV indicated his EU rights will not be affected by my gaining Swedish citizenship.

My hope is that some positive news might help others who are about to start this sometimes stressful process.