Best Dependent Visa Lawyers in Borgholm
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Find a Lawyer in BorgholmAbout Dependent Visa Law in Borgholm, Sweden
In Sweden, what many people call a dependent visa is legally a residence permit based on family ties. The rules are national and apply in Borgholm just as they do across the country. Most applications are handled by the Swedish Migration Agency, and decisions depend on your relationship to the sponsor in Sweden, proof that the relationship is genuine, and whether the sponsor meets the maintenance and housing requirements in cases where those apply. Family members of EU or EEA citizens may fall under EU free movement rules, which operate differently from national rules for family members of non-EU sponsors.
Typical eligible family members include spouses, registered partners, cohabiting partners, and unmarried children under 18. In limited and exceptional situations, other close relatives may qualify if there is a demonstrated special dependency. After approval, most family members receive a residence permit card and, if the permit is for at least one year, can usually register in Sweden and access local services in Borgholm and Kalmar County.
Why You May Need a Lawyer
You may want legal help when your situation is complex or time sensitive. Common scenarios include proving a relationship where you have limited documentation, meeting the maintenance and housing requirements when income is irregular or housing contracts are short term, navigating rules on cohabitation for unmarried partners, getting parental consent and custody proofs for minor children, applying from within Sweden when the general rule is to apply from abroad, coordinating an application involving protection status or EU law, handling past immigration issues such as overstays or prior visa refusals, preparing for interviews and credibility assessments, responding to a request for additional information, and appealing a refusal to the migration courts. A lawyer can also help align your application timeline with practical needs in Borgholm such as school enrollment for children, local housing availability, and registration with Swedish authorities after arrival.
Local Laws Overview
Swedish family immigration is governed primarily by the Aliens Act and related regulations, together with EU free movement law for EU and EEA citizens and their family members. Key points include the definition of family member, genuine relationship and cohabitation, the maintenance requirement in many non-EU family cases where the sponsor must show sufficient income and suitable housing, recognized documents and translations, biometrics and residence permit card issuance, the general rule to apply from outside Sweden unless an exception applies, and the right to work for most family residence permit holders after approval.
For EU or EEA sponsors living in Sweden, the right of residence system may apply. The sponsor typically needs to be a worker, self-employed, a student, or self-sufficient with comprehensive health insurance, and non-EU family members can apply for a residence card under EU rules. For sponsors who are refugees or have subsidiary protection, there are specific provisions and some exemptions from maintenance requirements in defined circumstances. Processing times vary and are published by the Swedish Migration Agency. Local administration in Borgholm is municipal, but immigration decisions are national. After arrival with a permit valid for at least one year, you generally register with the Swedish Tax Agency to obtain a personal identity number and then connect with local services such as health care and schools.
Frequently Asked Questions
Who counts as a dependent family member in Sweden
Spouses, registered partners, and cohabiting partners, as well as unmarried children under 18, are the core categories. In special cases, other close relatives may qualify if they are demonstrably dependent on the sponsor. Evidence must show a genuine and ongoing relationship and, for partners, an intention to live together in Sweden.
Do unmarried partners qualify and what proof is needed
Yes, cohabiting partners can qualify if the relationship is akin to marriage and stable. You should provide evidence such as joint leases, shared bills, photos, travel records, joint accounts, messages, and statements explaining your history and plans. The key is showing that you have lived together or that you intend to do so in Sweden.
Do I have to apply from outside Sweden
The general rule is to apply from outside Sweden and wait for a decision before moving. There are exceptions, for example if you already have another valid residence permit in Sweden or you are covered by EU free movement rules. Always check whether your situation fits an exception before applying in Sweden.
What is the maintenance and housing requirement
In many non-EU family cases, the sponsor in Sweden must show sufficient income to support the family and suitable housing of an acceptable size and standard. Accepted income can include salary and some benefits tied to work or insurance. Social assistance is generally not counted. The housing must be secure and meet basic standards. There are statutory exemptions in some categories, including certain protection cases.
How long does the process take
Processing times vary depending on category, completeness, and demand. Straightforward cases can still take several months. Complex cases and appeals take longer. The Migration Agency publishes average times, and your timeline will also depend on embassy appointments or service center availability for biometrics.
Can I work in Sweden as a family member
Most residence permits based on family ties include the right to work. The right to work generally starts when the permit becomes valid. If you are in Sweden while an application is pending, do not work unless you have explicit permission that covers the waiting period.
What documents do I need
Typical documents include valid passports for all applicants, marriage or partnership certificates, birth certificates for children, proof of relationship and cohabitation, sponsor income documentation and housing contract if the maintenance rule applies, and consent from the other guardian for minors. Documents not in Swedish or English should be translated by a qualified translator, and some documents may need legalization or an apostille depending on the country of issuance.
What if the sponsor is an EU or EEA citizen living in Borgholm
Family members of EU or EEA citizens may rely on EU free movement rules. The sponsor must have a right of residence in Sweden as a worker, self-employed person, student, or self-sufficient person. Non-EU family members then apply for a residence card under EU rules. The documentation focuses on both the sponsor status and the family relationship.
Can my children come with me and what if I am a single parent
Unmarried children under 18 can usually be included. If you are a single parent or the other guardian is not traveling, you need to show proof of sole custody or written consent from the other guardian. If the other guardian cannot be located, explain and provide evidence of attempts to obtain consent. Authorities pay close attention to the best interests of the child and lawful parental rights.
What happens if my application is refused
You will receive a written decision with reasons and information about how to appeal to the migration courts within the stated deadline. An appeal can challenge legal interpretations, credibility findings, or how evidence was weighed. A lawyer can assess the decision, identify missing or stronger evidence, and represent you in court. If your circumstances change materially, a fresh application may be appropriate instead of or alongside an appeal, depending on timing and strategy.
Additional Resources
Swedish Migration Agency for applications, requirements, biometrics, and decisions. Swedish embassies and consulates abroad for interviews and biometrics when applying from outside Sweden. Swedish Tax Agency for personal identity numbers, civil registration, and addresses in Borgholm. Swedish Social Insurance Agency for access to benefits after registration. Swedish Police Authority for certain identity or certification services. Borgholm Municipality Citizen Service for local guidance on schools, childcare, and housing registration. Swedish National Legal Aid Authority for information on legal aid and cost support. Swedish Bar Association to find licensed migration law practitioners. Swedish Refugee Law Center and other non-profit organizations that provide guidance in complex family and protection cases.
Next Steps
Clarify your category by identifying whether your case falls under national family rules or EU free movement. Map your family members and who will apply now or later. Gather documents early, including passports, relationship evidence, civil status documents, custody papers, and sponsor income and housing proofs if needed. Arrange translations and legalizations where required. Plan your timing carefully, including embassy appointments abroad or service center visits for biometrics, and take into account school terms and housing availability in Borgholm. Avoid travel that could disrupt your status or application.
If you need legal assistance, prepare a short timeline of your relationship and a list of questions, then contact a migration law lawyer who practices in Kalmar County or handles national filings remotely. Ask about experience with family permits, expected strategy, potential risks, fees, and timelines. If cost is a concern, ask about fixed fees, staged billing, and whether legal aid might be available in your situation. Keep copies of everything you submit and any official letters you receive. Respond promptly to any requests for additional information, and seek legal advice before deadlines expire.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.