Illegal resident - EU family member freedom of movement

[agomela]

I am non eu spouse currently in france and married to an eu family member from Austria. we got married in france but i currently have an expired visa.
Would it be possible for to travel by air with my Austrian wife with our marriage certificate (without visa) to austria and apply for residence there.

or considering the fact that i am not legally residing in france , would i be eligible to request for a schengen visa from any EU consulate in Paris.



please i need some advice.
Many thanks

[EUsmileWEallsmile]

Depending on what your EU family member is doing in France, you may be entitled to a right of residence there. It may also be possible for you both to return to Austria together as a returning EU citizen.

The fact that your visa has expired, does not remove the possibility of you regularising your documentation.

[Kixmug]

Hi there mate. I think it's best for u to apply for eea 2 family permit in France. Coz under EU regulation obtaining/holding visa does not matter as along as you are living with EEA national wife or partner and he/she is excercising they EU treaty rights student, self sufficient, self employed, worker etc. .
Remember if u go back to Austria with ur wife. I am sure u can't apply under EU rules. Because ur wife can't exercise EU treaty right in her Owen country.