Marrying a Schengen citizen after being banned from Schengen

[AcquaCheta]

Hello,

I am asking this question on behalf of a Russian friend of mine.

She has a temporary residence permit in Germany (as a student) where she lives with her boyfriend. They plan to marry so she can stay after graduating.

With her status, she is allowed to stay in other Schengen countries 90 days out of each 180 days. However, she has to complete an internship of 4 months in another Schengen country. So she will overstay (she didn't succeed in legalizing the last month for a variety of reasons) and although the probability of being caught is pretty low, she would like to be clear about the consequences.

1. If she is deported, will she be sent to Russia and banned from Schengen? How long can such a ban be?
2. Will her marriage with her boyfriend override the potential ban, or will they have to live outside Schengen if they want to be together?

Thanks.

[Wanderer]

Hello,

I am asking this question on behalf of a Russian friend of mine.

She has a temporary residence permit in Germany (as a student) where she lives with her boyfriend. They plan to marry so she can stay after graduating.

With her status, she is allowed to stay in other Schengen countries 90 days out of each 180 days. However, she has to complete an internship of 4 months in another Schengen country. So she will overstay (she didn't succeed in legalizing the last month for a variety of reasons) and although the probability of being caught is pretty low, she would like to be clear about the consequences.

1. If she is deported, will she be sent to Russia and banned from Schengen? How long can such a ban be?
2. Will her marriage with her boyfriend override the potential ban, or will they have to live outside Schengen if they want to be together?

Thanks.

She's allowed to stay not work.

She'll have to get a bone-fide Work Permit in the other EU state like we did - struggled and battled but we got it.

Wh do people try and buck the system? Beats me.....

[mym]

2. Will her marriage with her boyfriend override the potential ban.

Yes, though they may well view it as a marriage of convenience, in which case it would not be regarded as genuine for immigration purposes.

[Directive/2004/38/EC]

What is the citizenship of her boyfriend, and where do they intend to live?