Hi,
I'm asking for advice regarding the situation with me (Eu citizen) and my husband (third country national). As the title says my husband has a two year entry ban to Schengen which was imposed on him due to unfortunate immigration history (overstay) so he had to return to his home country. I'm currently working and living in a different Member State and we would want to apply for him to join me here.
The problem is the entry ban and how to proceed with it. We already applied for the withdrawal but to process it the authorities in my home country said it would take approximately 6 months. I was trying to do research what it says in the EU law and found the following statement regarding case: C503/03 ''The Court of Justice established in its judgment of 31 January 2006 in case C503/03 that a Contracting State cannot refuse entry to a third country national who has the right to free movement solely on the basis of an alert under Article 96 of the Schengen Convention (CISA), without verifying whether the presence of that person constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.'' Would our short stay visa application be most likely be denied due to the entry ban or would there be any chance of receiving the visa? Is it even possible when the decision regarding the withdrawal application has not been made yet? I guess even with the denied visa we could appeal but that would take months too.
Would the better option be to apply for a visa in a Non-Schengen EU-country for example Croatia and stay there until the ban has been lifted and then apply for a Schengen visa?
Thank you for the help, I appreciate it.
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