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My wife is Swedish and she has been visited me over and over again in my country, more then 8 times, which gets expensive.

Now my wife is pregnant with our child and she will give birth in February. I applied to Sweden for a short stay visa, for a 90-day visit starting in December. I will get the answer on Friday. I didnt apply for along stay visa.

I'm not working in my country and I just finished high school. Our mariage is registered at the Swedish tax agency. I'm worried that I'm not going to be with her for the birth of my first child.

Are there any laws or anything else we can use in our situation? I know we rushed a little in getting pregnant before even we settled arrangements, but it's very important for us to be together, especially right now.

What can we do if the 90-day visa is not be approved?

anonymous Amine
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1 Answers1

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As the spouse of a Swedish citizen,

You are entitled to receive a residence permit if you are married to, have entered into a registered partnership with, or are the cohabiting partner of someone who lives in Sweden. Your partner should register your marriage or partnership with the Swedish Tax Agency.

Source. However, the process to get this permit sounds rather complicated and painful, I would advice getting started on it ASAP.

The following page claims also you're entitled to a free visa and expedited processing if the purpose of your travel is to join your spouse:

https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

...but this may be incorrect (despite being the official europa.eu page!), so let's wait for @phoog to get back to us.

lambshaanxy
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    Sweden is not obliged to extend this benefit to the family of Swedish citizens visiting Sweden. I don't know whether they do or not. Some EU countries do, but mostly southern ones. – phoog Nov 08 '18 at 04:07
  • @phoog The official doc above seems pretty clear that spouses are entitled to visit? The "some EU countries" bit is about extended family. – lambshaanxy Nov 08 '18 at 07:18
  • The page is wrong. It says "If you live outside the EU and your non-EU family members accompany you or travel to the EU country of your nationality, EU cross-border rules do not necessarily apply and your non-EU family members might be charged visa fees" but it should say "if you live outside the EU or in your country of nationality..." – phoog Nov 08 '18 at 07:25
  • This is wrong. From the linked page: "They can ... join you in another EU country." (my emphasis). If the OP's wife is in the UK, you are right. If she is in Sweden, this is entirely down to Swedish law. – Martin Bonner supports Monica Nov 08 '18 at 07:26
  • @phoog If you're claiming the official europa.eu page is wrong, please add an answer with sources saying so. – lambshaanxy Nov 08 '18 at 07:40
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    I am claiming that. The directive and its implementation are complicated, and the simplification that goes into describing it for public consumption sometimes results in inaccuracy. A couple of months ago I wrote to the eur-lex people about an oversimplification on the legislative summary for the directive, and they fixed it. I won't have time to post a properly sourced answer for several hours, however. – phoog Nov 08 '18 at 07:45
  • Isn't this a similar issue than "Surinder Singh" is in the UK? – SztupY Nov 08 '18 at 12:04
  • @phoog Answer updated. – lambshaanxy Nov 08 '18 at 12:12