expelled from SHENGEN states please hepl

hi everybody!
I just wanted to know few things abou EEA laws as i saw some post on that..as i hope may help to my case.
I was in Norway as Refugee from Burundi but one of my parent was from Uganda..so after my refugee application was rejected i returned to Uganda not burundi then i got married to a Norwegian so i applied for the Uganda passport which stated that i was born in Burundi and apply for family reunification,after almost 2 years my application was rejected and i was banned to enter Norway and SHENGEN for 5 years and upon some strong changes i can apply to enter norway not before 2 years has passed which is very rare to get . Well the cause of all that was my passport where i didnt tell the Uganda authorities that i was in Norway as refugee from Burundi and not Uganda so they told the Norway authority that i lied to get my passport and that both my parents were from Uganda,so i was expelled and worth to that they didnt even consider my marriage or the time they used for my case..now im stuck with that 5 years in my head..alone while my wife is away seeing eachother once per year ..lonelyness is killing us inside..
Pls what can i do with these EEA laws i have seen here?about freedom of movement?or any other ways to lift the entry ban
Thanx...

Hi robyn787

I'm really sorry to hear about your case. While I don't have an answer to your question, I recommend you post only once and if someone has a reply, they will contribute. Multiple posts will delay help as others have found out in the past.

M

The best way for you and your wife to become reunited seems to be through family reunification in another EU member state. Sweden is preferable over Denmark, as Sweden is far less dearly beloved and seems to at least TRY to comply with EU law in these matters..

Your wife should begin to look for a house or an apartment to rent in Sweden.

Once she has found one, she should move there and register with the citizens registry (folkboksföring) to document her residence in Sweden as an EU-citizen (Norway is not formally a member state of the EU but have ratified the directive on free movement).

After she has registered with the Swedish authorities she needs to go to the Migrationsverket (the Swedish Office for foreigners and immigration) and apply for a EU spouse visa for YOU to Sweden.

After you get this, you can join her in Sweden where you will both have to live at least 12 weeks if your wife isn't working while in Sweden.. if she finds a job in Sweden, even part-time work, you can return to Norway after 6-8 weeks according to EU law.

Now the problem with you being registered in the SIS (schengen-information-system):

The Swedish authorities will have to assess your case on an individual basis and PROVE that you are a clear threat to public safety. Forging travel documents doesn't meet this criterion, IMO.

Should your wife be informed by Migrationsverket that they will not grant you a EU-spouse visa she needs to contact a Swedish lawyer specialising in immigrant law but lets not get ahead of ourselves here..

This route is the quickest and safest way for you two to be together in Norway, but just because you have a RIGHT to live with your wife doesn't mean you guys won't have to fight for that right all of the way.

A couple of other helpful tips:

Your wife should go see a free legal advice service in her country. We have those here in Denmark and I'm sure they exist in Norway too. There the lawyers can give her a more detailed overview of her rights according to EU law.

And finally, you guys should both read the following guide to free movement published by the European Commission:

http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf

Good luck,

MSH.

hi..
Thank you for your help..i will try do as you advised..im so consern on the SIS Registration tho...and if they will lift the entry ban..
But all in all let me try what you have suggested
thank you so much for your Help...MSH

robyn787 wrote:hi..
Thank you for your help..i will try do as you advised..im so consern on the SIS Registration tho...and if they will lift the entry ban..
But all in all let me try what you have suggested
thank you so much for your Help...MSH

I cannot guarantee you anything and I'm not a lawyer.

But the way I read the previous case law from the European Court of Justice, your WIFE has a right to reside in another EU member state with her husband. HER right to a family life should outweigh the Norwegian government's interest in this matter. (MRAX-& Carpenter-rulings).

There was another thread about a similar situation also involving the Norwegians here in this forum.. take a look here:

http://www.immigrationboards.com/viewtopic.php?t=66843

But please make sure your wife contacts a legal advice service with a grasp of EU law before she moves to Sweden, ok?

Regards,

MSH.