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Hi!jgoddard wrote: ↑Thu Sep 19, 2019 9:52 amHello 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
Is your EU spouse exercising treaty rights?
So she is exercising treaty rights as self employed?
ALKB wrote: ↑Sat Sep 21, 2019 11:26 amSo she is exercising treaty rights as self employed?
Has she registered her business with the relevant authorities?
Does she have health insurance?
Yes exercising EU treaty rights = being employed, self-employed, a full time student or self-sufficient.jgoddard wrote: ↑Sat Sep 21, 2019 6:16 pm
Thanks for your reply ALKB! Oh, sorry, now I see what you mean with treaty rights, yes, she is exercising those as self employed, she has a business registered in Germany, pays taxes here, she also has German health insurance and will add me to her to it as her dependent as soon as we have the marriage certificate.
Thank you very much for your help ALKB! This has been really enlightening.ALKB wrote: ↑Sun Sep 22, 2019 1:02 pmYes exercising EU treaty rights = being employed, self-employed, a full time student or self-sufficient.jgoddard wrote: ↑Sat Sep 21, 2019 6:16 pm
Thanks for your reply ALKB! Oh, sorry, now I see what you mean with treaty rights, yes, she is exercising those as self employed, she has a business registered in Germany, pays taxes here, she also has German health insurance and will add me to her to it as her dependent as soon as we have the marriage certificate.
As long as your EU spouse is exercising treaty rights, you have the right to stay with her, work, etc. Your rights to live and work in an EU country other than Portugal hinge on her a) living in that country and b) exercising treaty rights. If she leaves or stops exercising treaty rights, your rights cease. In theory, a residence card is just documentary proof of an existing right and are not legally obliged to get one. In practice, you really need that card, especially if you want to find work.
Looks like you are all set - unless her self-employment is only marginal and doesn't pay living expenses.