90 day/180 days for non-EU spouses of EU nationals?

[skylerwiley]

Hi everyone

I'm familiar with the Directive and the rules laid down by it. I'm Sri Lankan, wife is Portuguese. I've been issued a 2 year Schengen visa with 90 day duration of stay (so the standard 90/180 thing..). I don't have any residence card from the EU because we live in Sri Lanka.

We now want to go to Berlin for 2 months. However, I've used up about 82 days of this while the wife and I were in Europe during the summer (not in Germany). So basically I have 8 days left in the 180 day period. My C visa is valid for more than a year and a half from now.

My wife has a great opportunity coming up in Berlin for 2 months starting in two weeks or so, it is well compensated too. I understand that she can go there for up to 90 days without any limitations, I know that I too have a free movement right with her. Obviously, we'd like to be together there but I'm hung up on this whole 90/180 days thing. We haven't been in Germany recently at all.

I understand that under the directive it's 90 days per country as long as we're together and there are no limitations or pre-requisites to this. But can I count on the border guards knowing this? Would this affect any future application for residence? I'd rather keep things simple and not have to go to court over stuff like this.

I know on entry it shouldn't be any issue because I still have 8 days left. What about on exit after 2 months of stay?

So basically I'm concerned about going over the 90 days in the Schengen region even though it's my right but the visa sticker doesn't reflect this right.

I've also checked the residence card application option but the appointments in Berlin are now only available at the end of January.. so it wouldn't even be possible at this stage.

- What should I do?
- I've searched the forums for other folks with similar experiences but just came upon someone who had a rude experience with a Greek border guard.
- Is my interpretation of the directive even correct or am I on the verge of doing something illegal?
- Anything else I should keep in mind?

[skylerwiley]

Also I don't want to work during this 2 month period so won't need to show any confirmation of rights to anyone.

[noajthan]

Also I don't want to work during this 2 month period so won't need to show any confirmation of rights to anyone.

Schengen just gets you over the border.
Then fm rights kick in.

Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[skylerwiley]

Thanks for posting that doc. I've read it. I understand that free movement rights kick in after entering. So if I spend 2 months in Berlin this is fully legal and it doesn't matter that I went over the 90/180 that the C visa sticker says.

If border officer question me about this (on exit most likely) how should I respond?

Are there any documents that I can show him to prove my position? I can print out the above docs of course.

[noajthan]

Thanks for posting that doc. I've read it. I understand that free movement rights kick in after entering. So if I spend 2 months in Berlin this is fully legal and it doesn't matter that I went over the 90/180 that the C visa sticker says.

If border officer question me about this (on exit most likely) how should I respond?

Are there any documents that I can show him to prove my position? I can print out the above docs of course.

Explain you are exercising treaty rights via sponsor.
Show her the Directive.
And/or show your optional RC if you get one.

Any way the border guards will be familiar as per their Schengen border guard manual.

[skylerwiley]

Ok, so this means that the 90 days listed on the visa sticker is irrelevant? I'm worried because they always scan my visa when I enter the Schengen region and often at exit as well (everywhere I think except Spain). Should I mention this when I approach the immigration officer or only if they ask about a possible 'overstay'? My wife will be with me of course and we'll have our marriage certificate too.