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Seeking legal help for emigration to Sweden

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michaell
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Joined: Sun Jul 08, 2007 6:54 pm
Location: Portland, OR

Seeking legal help for emigration to Sweden

Post by michaell » Sun Jul 08, 2007 7:06 pm

My ex wife and daughter live in Stockholm.
In March of 2006, I filed all papers for a Residence Permit (family ties).
After a 16 month wait, I just got an email that says my application was rejected.
I have 3 weeks to appeal and I want to consult legal assistance.
Does anybody know anything that will help me?

with thanks,

michael

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Jul 08, 2007 8:46 pm

What are their citizenship(s)? What are your citizenship(s)? Do you partial legal responsibility for your daughter?

michaell
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Posts: 4
Joined: Sun Jul 08, 2007 6:54 pm
Location: Portland, OR

Post by michaell » Mon Jul 09, 2007 6:09 am

I'm a US citizen, my ex wife is a Swedish native (and naturalized US citizen) and our daughter, born in Washington state, has dual citizenship, US and Swedish.
I do share legal responsibility for my daughter. Before she could be enrolled in school, they required my authorizing signature, for example.

thank you for your response~

Michaell

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jul 09, 2007 6:19 am

Have you and the mother of your child been living together in other EU countries? Does she support you moving to Sweden?

michaell
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Posts: 4
Joined: Sun Jul 08, 2007 6:54 pm
Location: Portland, OR

Post by michaell » Mon Jul 09, 2007 2:54 pm

She definitely supports the move and has been actively participating and lobbying on me behalf.
We were married in Sweden and then moved to the US. We were married for 13 years before being divorced. We haven't lived together (besides visits to Sweden) anywhere but the USA so, no EU countries.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jul 09, 2007 7:04 pm

Sounds difficult.

You have rights to live in another EU country with your daughter (see http://eumovement.wordpress.com/2007/02/09/chen-case/) as long as you can support yourself without working[corrected]. But the Swedish are not required to take EU law into consideration if it is a case of their citizens in their country.

This may sound odd, but if you went to live with your daughter in another EU country, you may then gain some rights to reenter Sweden on the basis of EU law. But I suspect not, since you would not be exercising treaty rights (working or studying).

Can you get a job there on your own skills?
Last edited by Directive/2004/38/EC on Tue Jul 10, 2007 6:35 am, edited 1 time in total.

michaell
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Posts: 4
Joined: Sun Jul 08, 2007 6:54 pm
Location: Portland, OR

Post by michaell » Tue Jul 10, 2007 5:49 am

wow..That's something I had not considered..
I actually have a good job with a contact in Spain. He had anticipated me working for his company in Stockholm. If I can get a work visa in Spain, is it possible that I could later transfer to their Stockholm office as a work transfer? Is it difficult for a US citizen to get a work visa for Spain?
It sounds very complicated but also so encouraging compared to what I've heard lately.

with thanks,

michaell

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