Shengen Information System and marriage with non schengen

[martingru]

Hi,can someone help with that.
My wife is Mongolian and some time ago was deported from Norway (in march 2010,as my girlfreind) and her name is in SIS.

Im Polish citizen and holding Norwegian residence permit for foregin national who comes under the EEA agreement or EFTA convention.Employed person and family member, CF &&51(A),and 52 of the immigration act.
This is issued for 5 years (til 2013)

I woudlike to remove name of my wife from the system and live together in Norway

How is the schengen law see that kind of cases???

What the Norwegian officials can or cant do-can they refuses our request for period of time knowing that we are marriage now???

Only thing i read in WWW.UDI.NO is that,presons expeld from Norway can apply to remove the name after 2 years but,there is no explanation about marriage with schengen citizen who holds a Norwegian permit.
I think marriage with me give her some europien privileges???

I woudlike to know how long it can take and if there is any law to lift it,and make possible to remove her name from system.

Bets Regards,M.
P.s Sorry for my english.

[John]

If you are exercising Treaty Rights in Norway then your wife has a Treaty Right to live there with you. Simple as that!

It is not clear where your wife is now?

Also, why was your wife removed from Norway?

[86ti]

I wonder if it is really so simple. Being in the SIS means that the entry visa can be refused. Being a spouse of an EEA national certainly means that she has the right to be with you if you are exercising a treaty right but couldn't the deportation be construed as a reason to refuse this right on grounds of public policy? You may want to consult a competent lawyer.

[John]

..... this right on grounds of public policy?

That is why we need to know why she was deported. If it was for a serious crime then "public policy" would come into it. But if deported because visa had expired that would not be sufficient reason to invoke "public policy".

[86ti]

..... this right on grounds of public policy?

That is why we need to know why she was deported. If it was for a serious crime then "public policy" would come into it. But if deported because visa had expired that would not be sufficient reason to invoke "public policy".

You may be right but do we know what "public policy" exactly means in Norway? The other concern would be that she was deported before marriage which could lead to insinuation of a marriage of convenience.

[martingru]

Thank you for answers.
Yes,the situation is not clear enough to see early finish.

She didnt have a valid visa in Norway and long time abroad make the decision of expeling permanent.

My wife is in Mongolia now(we was marriage there 05.VII.2010).
I'm just dont know what our right are-even if i go personaly to UDI and ask them im sure they say what its the best for them (they have enough aliens in their country...)

I'm looking for some books or articles about our rights in EU and EEA,can you recommend something ( something not for laweyrs;).
If you need more information about my case pleace ask im looking forward for answers.

P.s We are know eachother more then one year,we have pictures,sms and witness etc...
Thank You very much.
Best regards,M.

[martingru]

Coudl someone piont me a book about schengen laws-or similar-where i can find information that can help in my situation.

Thank You for answers.
Best Regards M.

[frida]

Apply to have the re-entry ban lifted as your wife is now covered by EEA law.

Here is from UDIs own guidelines; (I hope you can read norwegian)

Se UDIs eget rundskriv, RS 2010-069, hvor det under punkt 7.4 står;

â€

[martingru]

Tusen takk for hjep Frida!
Soon we complete all nesesery documents and move them to the Norwegian Consulate in Ulaan Baatar,but processing time wich UDI needs for consideration its way too long...

Wish You all the best,lyke til!!!

[martingru]

to be romoved.