jgoddard wrote: ↑Thu Sep 19, 2019 9:52 am
Hello everyone!
I'm a non-EU citizen (Mexican) getting married with my EU (Portuguese) girlfriend in a couple of weeks (in Denmark). We are getting married in my day 89 of my Schengen stay. After that, I'll be coming back with her to Berlin (which is where we will live) and I'm applying for the residency permit, but the appointments are being really hard to get (which won't stop us from trying until we get it).
I have a couple of questions regarding this and it would be wonderful if you can share any insights.
1) Will I be an illegal immigrant even if we are legally married for overstaying the 90/180 period? Or do the freedom of movement/3 months apply after the 1st day we get married regardless of my previous 90/180 period? (source of the 3 months:
https://europa.eu/youreurope/citizens/r ... dex_en.htm)
2) We need to make a trip to the US for work purposes in October. Is it possible that I have problems either when going out or when getting back into a Schengen country because of this overstay, even if I'm leaving and entering with my EU spouse?
Thank you for any insights in advance!
Alex
Hi!
This is just my opinion and should be taken with a grain of salt. You should check with an immigration lawyer or relevant immigration authorities in Denmark or Germany for credible information. I will only focus my answer to your "two" questions.
1) Yes! If you have overstayed.
"A non-EU national who stays in the Schengen area beyond 90 days (without a residence permit or
long-stay visa) is illegally present, which can result in a re-entry ban to the Schengen area. Working
in the Schengen area without a work permit is also illegal (even if less than 90 days) and can
likewise result in a re-entry ban to the Schengen area. Depending on the Member State
administrative penalties may also apply"
This is from question 14 of this
document. So the best way is not to overstay.
However, if you can be able to get your residency permit application received by the 90th day (hopeful it is a working day), they you can surely relax as your application is being processed. I am also assuming you already know what documents to submit in Germany for your residency as a family member of Germany citizen.
If you are married to an EEA/EU citizen you have free movement rights in EU (but not the original country of EEA/EU citizen). All you need to do is to register your marriage and apply for residency with proper documentation that meets a set of requirements.
2)Regardless, if you have overstayed your stay and they happen to check, you might be denied entry. This is assuming that you do not have a residency certificate on hand at the time of entering Germany from outside Schengen area. For what its worth, Germany border authorities are very thorough.
