Third country EU Spouse, Overstay in EU, How to?

Very difficult to summarize in the title bar, sorry for the code.

ME-US citizen
Spouse- Swede

Unmarried but cohabiting for 7 years.

Entered EU through France Jan 2005, traveled to Greece where I became illegal through failure to get a residence permit because of mis-communication/laziness/fear of Greek authorities. I know, 'twas stupid.

In April 2007 traveled to France (no border controls, no further stamps). In June, we went to a lawyer here for help in arranging to legalize me. We explained the situation honestly.

My family (spouse has no living relatives) and our mutual friends wrote testimonies supporting our claim that we are in a durable relationship. Lawyer has those, translated.

Today, lawyer contacts me to say that given the evidence he has, I am eligible for a 1 year vistor visa, and that I must show proof of financial support and proof that I am not illegal (that I've entered within the last three months) and other things which are normal (photos, ID, etc.)

Problem - obviously, I don't want a 1 year visitor visa and have no way to show that I am here legally, because I'm not.

My spouse is disabled and depends on me for daily care - so we do have fear that I will be deported, leaving him unable to survive.

What do I tell the lawyer in order to get what I need? We are depending on the EU regulations which give a Swede the right to have his family with him in other EU countries, but my illegality throws a spanner in the works.

Thanks, in advance, for any advice you can offer. I know the questions have been answered in some form on various occasions, but I couldn't find anything which combines illegality, france, and family rights.

Some E.U countries have regulations that say

the partner with whom you have a durable relationship, duly attested

will have the same rights as marriage.He has a right under E.U regulations to have you stay with him.

http://ec.europa.eu/employment_social/f ... ily_en.htm

http://ec.europa.eu/justice_home/fsj/ci ... ent_en.htm

If you have a long term relationship, I have trouble seeing how you will be deported. You have a legal right to be with your EU-citizen partner.

Is your partner working in any way, or studying or self sufficient? These are the basic requirements of them living in France, and for you to be with them.

Your lawyers suggestion of a "1 year visitor visa" sounds very strange. Directive 2004/38/EC is pretty clear and simple and is about you and your partner.

Contact the EU's free Citizen Signpost service for specific questions about your situation. http://ec.europa.eu/citizensrights/

Also see the important http://eumovement.wordpress.com/directive-200438ec/ and http://eumovement.wordpress.com/info-france/

Thanks for the reply and the links. He is self-sufficient, as he has a moderate wad of money in the bank.

The way I read these directives, I should be permitted not just to live here, but also to (attempt) employment - which would certainly be our goal. Is this correct? As he is eligible to be employed in France, this right should also be given to me as his spouse, no?

He has a right to live there if he is self sufficient (and the requirements to meet this are pretty low). Since you are his partner, you have the right to be there too, including working and studying and travelling.

Put another way, you have the same rights as your partner to reside and work in another EU country, as long as you do it with your partner.

You will find it is likely a lot easier than it sounds.

Totally agree with what Directive/2004/38/EC has posted. And accordingly Christine the answer to your question in the title of this topic "Third country EU Spouse, Overstay in EU, How to?" is .... with great difficulty! You have certainly not been an overstayer since the current EU regulations came into force on 30.04.06.

Appreciate that your and your spouse already have your EU Treaty Rights ... even without making any application to France at all. Any Residence Permit or Residence Card that is issued after application is merely confirmatory ... such permit or card gives you no more rights!

ChristineP,

I think your major task is to collect documentation that shows you have a long and stable relationship. Things like leases together, shared bank accounts, same address on individual bank accounts, registration of address with the local police or city (done in some european countries), record of travel together - stuff which shows you have bee sharing a life together.

People who are married typically do not need to do this because they can point to the piece of paper as their "proof".

Welcome to France!

Thanks very much everyone.

I have contacted the citizen signpost. I feel like I am just missing something obvious, and the problem is compounded by the lawyer's lack of understanding.

Today I spoke to the his office and they told me that I don't qualify as a spouse because we are not married. They went on to tell me that I can only qualify for a visitor visa, and that only so long as I can show that I'm within the 3 month window. Basically, they are telling me to go home. We've already paid them, based on what we discussed in our initial visit. I think that what they are telling me is wrong, which is what I contacted the signpost service about.

It could royally mess things up if it turns out that I am wrong about being a qualified spouse even without legal documentation.

Anyway, thank you all for your advice - really invaluable.

I have contacted the citizen signpost. I feel like I am just missing something obvious, and the problem is compounded by the lawyer's lack of understanding.

Then find a lawyer who has actually bothered to read the EU Directive that came into force on 30.04.06! Indeed you might like to download the Directive in French and print it out, and ask the lawyer whether they are up-to-speed as regards the Directive. In particular Article 3(2)(b).

Based upon what you have posted, living together for 7 years, you come under :-

le partenaire avec lequel le citoyen de l'Union a une relation durable, dûment attestée.

or in English :-

the partner with whom the Union citizen has a durable relationship, duly attested.

Accordingly it is not a question of showing that you are a spouse, that is, a family member, but you are certainly within the definition of "extended family member", well that is the term used in the UK's own Statutory Instrument bringing the Directive into legal force in the UK. You are in a "durable relationship".

I am not going to hunt out the French regulations that do the same task, bringing the Directive into force in France, but they must exist. If your French is up to it you might like to search out those French regulations.

To summarise this, prior to 30.04.06 you had no EU rights. Now you do. If a particular lawyer has not bothered to keep up-to-date then their advice is bound to be incorrect.

In the meantime, based upon what you have posted, you do have EU rights, you cannot be deported (in the absence of you being a severe threat to the French state because you are a terrorist, or pose a serious health risk), and you are not even obliged to apply for a Residence Card. However unless you do you will find it difficult to work, etc..

Oh, now why didn't I think of this. I will print, highlight, and mail it today. Thanks very much!