Visa Overstay and family reunification (DK-SE)

[bsoren]

Hello Everyone,

I am a non-EU passport holder, my wife is a Danish national. A few years ago I came to DK on a 90 day visit visa, while my wife was not an EU citizen yet -- so we didn't have the luxury of exercising the EU right of free movement back then -- and we applied for Family Reunification in Denmark. Our application got denied by the Danish authorities with a ridiculous reason. During the processing time, as was permitted by the Immigration Office, I overstayed my Schengen visa on the grounds of procedure stay.

Long story short, our then lawyer told us that because I overstayed my Schengen visa, I will be getting a re-entry ban for up to 2 years if I left Denmark then, simply because the permit for the procedure stay came from a totally different office than of the one issues the Schengen visas. He counselled us to stay and wait for my wife’s naturalisation process to go through and then as an EU citizen go to Sweden and apply for a RP based on the EU regulations. It all took a few years rather than the expected few months and now here we are.

Now; my wife and our baby relocated to Sweden and are in the process of receiving their Swedish personal number. But I am not entirely sure how we should take it from here, for my case. I read a lot about the rights that apply to EU citizen’s family members. I read the EU directives, Swedish Alien’s Act, forums, etc. But most of these information presume that the family member either reside’s outside of the EU or is in the EU with a valid permit. In my case though I overstayed my visa and legally I shouldn’t be here.

I was wondering if any of you were in a similar situation or have any advice / information that I could use to join my wife in Sweden according to the EU Freedom of Movement rights.

Regards,

Soren.