Applying for a resident card

2016-12-11 i FAMILJERÄTT
Hello,I am Spanish and have lived in Sweden for 2 and a half years and now. I came as a worker. I applied for "uppehållstillstånd" for my boyfriend who is Colombian to be reunified. Two days ago Migrationsverket sent me a letter saying that I had to prove my status in Sweden and that if I have "upperhallsrätt" as status I may not be the "anknytningsperson" and my boyfriend's application will be canceled.I called Skatteverket and they told me that as a European I can only have the status "upperhallsrätt" and that I cannot change it. Does it mean that Migrationsverket doesn't allow EU-citizens to be reunified with family or boy/girlfriends? They mentioned the following Law: 5 Kap.3 UtIL. According to what I know this should be illegal under EU Law (Directive 2003/86/EC).I have called them 1.000 times but they never replied. I sent emails and the same thing. What can I do? Thank you!

Hi! Thank you for using Lawline.

The problem might be miscommunication. Since you are a Spanish citizen you have the legal right to live in Sweden with “uppehållsrätt”, this is not the same as “uppehållstillstånd” though. The reason your boyfriend can’t be granted “uppehållstillstånd” is because it would put him in a different position than you, according to the reasoning of The Migration Court of Appeal.

There are still possibilities for your boyfriend to come and live with you though. Your boyfriend has to apply for a “resident card” (uppehållskort). All the information and the application form you can find here.


Anton Olenius
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