Third country spouse of EU citizen overstaying 90 days

[yacadyack]

Hi everyone

My wife and I have a dilemma.I am a Dutch citizen,whereas my wife is Paraguayans.Although my wife does not require a visa to enter the EU,she has already used up a total of 83 days of the 90 days she was allocated upon entry.Next week,we are planning to re-enter the European Union via Prague,Czech Republic.Although we are not worried about reentering,we are concerned about her having exceeded the 90 days upon leaving the EU,as we plan to continue travelling for another month or so.
We have in our possession our marriage certificate which has been legalized by the Dutch consulate in paraguay,and I have sufficient evidence of financial means.I want to know if we are likely to encounter any problems upon departing the EU,and if there is anything we can do to minimize the risk of any potential problems in the meantime.
I have already tried contacting my embassy,but they insist that my wife has to leave the EU once her 90 days are up,which does not seem to be in keeping with some of the EU legislation I have read online.
I would like to know what our rights are,and what legal recourse we have.

Thanks to anyone who can assist us with this matter,
yacadyack

[86ti]

I you want to stay longer in a single country you not only need sufficient means of support (or work) but also a comprehensive sickness insurance. You may also be required to register with the relevant authorities.

Embassies appear to be caught up too much in Schengen rules which I think do not apply to your situation.

The following thread may apply to you.
http://www.immigrationboards.com/viewtopic.php?t=40339

[yacadyack]

Thanks for the info.However,we do not intend to remain in a single country,but rather travel through Austria,Switzerland,and Germany,probably leaving from Frankfurt.
We do have comprehensive travel(medical) insurance.
Basically,my main concern is that my wife will be banned from entering EU territory for however many years,which would greatly jeopardise our plans to move to Tenerife early next year.If its a fine,I can live with that.I just want to avoid any long-lasting implications of an overstay.

Kind regards,
yacadyack

[Ben]

Hi yacadyack,

In accordance with EU Directive 2004/38/EC, you and your wife have the right to reside in the territory of another EU Member State for up to three months without any conditions or formalities other than the requirement to each hold a valid passport (or National ID card, in your case).

[86ti]

In accordance with EU Directive 2004/38/EC, you and your wife have the right to reside in the territory of another EU Member State for up to three months without any conditions or formalities other than the requirement to each hold a valid passport (or National ID card, in your case).

Exactly, but doesn't the thread I linked to above discuss basically the same situtation (sorry didn't follow too closely).

[Directive/2004/38/EC]

I think you should have little problems. Especially if you carry your marriage certificate with you.

You can even decide to stay and work in one of the countries you find interesting (although not the netherlands). As soon as you are working, your wife can apply for a Residence Card.