Overstayed in Czech Republic

[rute7efrlm]

Hi all,

I'm a little confused about my status here. I (Australian) overstayed my Schengen visa in the Czech Republic. I have a wife and daughter here (both British), however. I was looking into my options and found this thread here.

The first reply in that thread says "If you're married and have appropriate marriage certificate there should be no problem at all. She's eligible to stay with you for any time, no matter if her Schengen visa expired."

Does this apply to all EU member states? I have an apostilled marriage certificate, is it really as simple as that? I must be misunderstanding something.

Thanks.

[secret.simon]

If your British wife is resident in the Czech Republic and is either exercising treaty rights (working, seeking work, studying with private health insurance or self-sufficient with private health insurance) or has Permanent Residence status there, then you automatically have the right to reside anywhere in the Czech Republic and are not an overstayer.

Your right to reside is based on your marriage to an EEA citizen who is exercising treaty rights in another EEA member-state and not on a visa.

[rute7efrlm]

My wife doesn't have a job right now, she left it a couple of weeks ago. Prior to that, she was working in some of her friends' bars, but she has no contracts or payslips to show. We were here in 2015 and she was working then, too. She does have payslips to show for that period, but we've left and returned since then. How far back does "exercising treating rights" count for? Am I still covered? Thanks.

[Caravel88]

How long have you been there (how many days?)

My wife doesn't have a job right now, she left it a couple of weeks ago. Prior to that, she was working in some of her friends' bars, but she has no contracts or payslips to show. We were here in 2015 and she was working then, too. She does have payslips to show for that period, but we've left and returned since then. How far back does "exercising treating rights" count for? Am I still covered? Thanks.

[secret.simon]

My wife doesn't have a job right now, she left it a couple of weeks ago. Prior to that, she was working in some of her friends' bars, but she has no contracts or payslips to show. We were here in 2015 and she was working then, too. She does have payslips to show for that period, but we've left and returned since then. How far back does "exercising treating rights" count for? Am I still covered? Thanks.

In theory, her right to reside is entirely dependent on her exercising treaty rights. If she is not working, does she have private health insurance covering all members of her family? That would qualify as exercising treaty rights as well.

And of course any work she does needs to have a paper trail (pay slips, bank statements, etc).

[rute7efrlm]

How long have you been there (how many days?)

My wife and daughter have been here since early 2017. I joined them late 2017.

In theory, her right to reside is entirely dependent on her exercising treaty rights. If she is not working, does she have private health insurance covering all members of her family? That would qualify as exercising treaty rights as well.

And of course any work she does needs to have a paper trail (pay slips, bank statements, etc).

No private health insurance. The only way to confirm her work history would be to call her previous employers. Actually, she had a job with a "proper" company where she was given a contract and payslips, but that was a year ago and I doubt she kept them. I suppose that company is more likely to have kept a record of her, though. She's technically looking for work now, does that count? How long is she allowed to be out of work for before she's deemed to be not exercising her treaty rights anymore?

Say I was stopped on the streets of Prague for a random check, what would I say exactly? I don't have a residence permit, but I'm allowed to be here on the basis of my EU spouse who's looking for work?

My plan is to leave Prague as soon as possible, but I'm concerned about the exit passport check at the airport. When I leave, what should I have prepared for exiting with as little fuss as possible?

Thanks.

[Caravel88]

What's the nationality of your daughter?

If checked on streets, show them your marriage certificate.
If asked, tell them your wife lives there and worked there and now is looking for work and you are self-sufficient.

If leaving the country and questioned, again, show them your marriage certificate and say the same. If they mark your passport, don't worry about it.

Your wife, despite not working, can always claim to be self-sufficient.

https://europa.eu/youreurope/citizens/r ... dex_en.htm

Check out this link and register ASAP on grounds of looking for work or self sufficiency.

Also you can claim that you have been travelling through Europe (hopping borders).
Basically your wife (and you) has unconditional right to stay in any EU country for 90 days (no job etc. is required).

You can also hop borders into any country right now and register there.

Do you mind if ask why are you seeking to "regularize" your status this minute and not before?

How long have you been there (how many days?)

My wife and daughter have been here since early 2017. I joined them late 2017.

In theory, her right to reside is entirely dependent on her exercising treaty rights. If she is not working, does she have private health insurance covering all members of her family? That would qualify as exercising treaty rights as well.

And of course any work she does needs to have a paper trail (pay slips, bank statements, etc).

No private health insurance. The only way to confirm her work history would be to call her previous employers. Actually, she had a job with a "proper" company where she was given a contract and payslips, but that was a year ago and I doubt she kept them. I suppose that company is more likely to have kept a record of her, though. She's technically looking for work now, does that count? How long is she allowed to be out of work for before she's deemed to be not exercising her treaty rights anymore?

Say I was stopped on the streets of Prague for a random check, what would I say exactly? I don't have a residence permit, but I'm allowed to be here on the basis of my EU spouse who's looking for work?

My plan is to leave Prague as soon as possible, but I'm concerned about the exit passport check at the airport. When I leave, what should I have prepared for exiting with as little fuss as possible?

Thanks.

[rute7efrlm]

What's the nationality of your daughter?

She's British. As for why now and not earlier, I thought all my options were closed as soon as I stayed past my 90 days. My wife was receiving advice from a friend, so we were just planning around that since this whole ordeal started. After months of nothing, I just wanted a way out of living like this and stumbled on the thread in my first post here.

[Caravel88]

What have you decided to do then mate?

What's the nationality of your daughter?

She's British. As for why now and not earlier, I thought all my options were closed as soon as I stayed past my 90 days. My wife was receiving advice from a friend, so we were just planning around that since this whole ordeal started. After months of nothing, I just wanted a way out of living like this and stumbled on the thread in my first post here.