Are you a family member of a Swedish citizen who exercised free movement under EU law? Here what you do need to know before you move to Sweden

If you’re a family member of a Swedish citizen who has been living and working in another EU country like Finland and is now returning to Sweden, you might be wondering about your residence rights. Let’s break down what you need to know based on legal principles and directives.

The exercise of free movement rights under EU law is key here. When a Swedish citizen exercises their right to free movement by living and working in another EU country and then returns to Sweden, certain provisions apply. This principle is supported by judgments from the European Court of Justice, including cases like Singh (C-370/90), Eind (C-291/05), and Hartmann (C-212/05).

In Sweden, this principle has been codified in the Aliens Act (2005:716), specifically Chapter 3a, §2, which defines family members of EU citizens to include those who accompanied or joined a Swedish citizen exercising free movement rights in another EU country.

If you're the family member of a returning Swedish citizen, you can apply for a residence card within three months of arriving in Sweden. The application is submitted to the Swedish Migration Board along with specific documents, such as passport copies and proof of cohabitation in the other country. If you are married, you can just submit a copy of your marriage certificate.

According to EU Directive 2004/38, the decision on a residence card application must be made within six months. During this process, your partner cannot be expelled and can engage in various activities like work, study, or starting a business.

If approved, the residence card grants your partner the right to live, work, and study in Sweden for five years. Your partner can also obtain a social security number through registration with the Swedish Tax Agency. You do not need to get the residence card in order to apply for the social security number.

This process ensures that family members of Swedish citizens exercising free movement rights can secure their residence status in Sweden, promoting family unity and access to rights under EU law. If you have further questions, consider consulting with legal experts for personalized guidance.