Denmark ban and moving to another EU state

[Marospy]

Hello all, I need your kind help.

Last year I got a 2 year ban for visa overstay in Denmark. My husband became an EU citizen 3 months ago, so we want to exercise the treaty right in the Netherlands, Sweden, or Norway. Will the ban allow me to register as the spouse of an EU citizen?.

I was told that an over stay ban takes priority over any other consideration

Denmark, in particular, do not lift ban

Netherlands can not issue the treaty right residence even if they want to, because in all cases of overstay, a member state can not override the ban issued by another another member state.

On the Norwegian Immigration's website, ie UDI, It states that people with BAN and schengen alert can not enjoy free movement under the right treaty

HOWEVER, I heard that the only positive thing going for me is that the marriage was done years ago in our country before even coming to Europe, so the issue of bogus marriage is ruled out completely.

Please, I need your good contribution, and if possible, point me to any piece of legislation in the EU that substantiates the fact that an overstay ban ought not to hinder the enjoyment of free movement treaty rights.

Thank you

[Angel99]

Hi,

Your case is a complex one but not the extraordinary.
You were banned on a different category of visa + you are an EU familly member now. Normally overstay ban won't impact your EU freemovement. EU family members can still return.


**** Even illegals with no visas who have been deported but have children with EU citizens or citizens of that EU country are given rights of residence to return.


There is no need to send you bunch of references, You have 2 options, apply for entry at schengen land border with your EU spouse or try to apply at a different embassy other than Scandinavia.

Try, Germany, Austria, France, Portugal, Italy. Belguim or the new schengen countries Romania or Bulgaria for entry.


Hope this helps.

[Angel99]

After entry to the schengen zone or EU, you can register your residence with your spouse and apply for EU-residence card.

[IngridOnIB]

Hey Marospy,
I feel for you, this situation sucks but it's not hopeless. Here's my take:

As an EU citizen's spouse, you should have free movement rights. That's the whole point of EU family rules.
The Danish ban shouldn't automatically stop you from using your EU rights in other countries. Each country has to look at your case separately.
The fact that you got married before coming to Europe is definitely in your favor. It shows your relationship is legit.
I'd say go ahead and apply for the EU family member residence card in whichever country you prefer (Netherlands, Sweden, or Norway). If they say no, you can always appeal.
If you need to argue your case, look up Articles 27 and 28 of Directive 2004/38/EC. It talks about when countries can restrict free movement rights. Might come in handy.

Remember, every case is different. If you can afford it, maybe chat with an immigration lawyer who knows EU law. They could give you specific advice for your situation.
Good luck, mate! Hope it works out for you.