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visa and immigration challenge

mangaby

Last year I got a 2-year ban for visa overstay in Denmark, my husband became a EU citizen 3 months ago so we want to exercise the treaty right in the Netherlands Sweden or Norway, will the ban allow me to register as a spouse of an EU citizen?


    I was told that an overstay ban takes priority over any other consideration


    Denmark particularly does not lift the  ban


    The Netherlands can not issue the treaty right residence even if they want to, because in all cases of overstay, a member state can not override the ban issued by another another member state.


    On the Norwegian Immigration's website ie UDI, It states that people with BAN and Schengen alert cannot enjoy the  free-movement rights treaty


    However, I heard that the only positive thing going for me is that the marriage was done years back in our country before even coming to Europe, so the issue of bogus marriage is ruled out completely.


Please I need your good contribution, and if possible someone point me to any piece of legislature in the EU that substantiates the fact that over stay ban ought not to hinder the enjoyment of free movement treaty rights.



I have applied to Danish immigration to put the deportation on hold based on my new status as an EU family member; unfortunately, they refused the request and insisted on the deportation.


Please what else can I do to stop the deportation? Meanwhile, I have made requests for the removal of the SIS alert on my name and also the entry ban, as I write, I am still waiting for the outcome.

See also

The Working Holiday Visa for DenmarkVisas for DenmarkThe Greencard in DenmarkArt residency in Copenhagenhow to bring an Indian wife in DK
Nellie Berg

I am afraid that you just have to accept the state of affairs.


When said, this isn't a question for an expat forum in general, but for a specialised expert within law to advise you. However, you risk to spend a lot of money on his advice, and it make take so much time to challenge the decision of the authorities that your two year ban is over first.


/Nellie

mangaby

Thanks Nellie, I am really grateful for your time. Is it okay to ask if you know any free legal aid or bodies like that here ?

Nellie Berg

The only free legal aid I know is https://www.retshjaelpen.dk/case-types

but I cannot see that they will be of any help in this case.


I googled lawyer immigration Denmark and got some hits. Be aware, that lawyers are very expensive, so do consider if you have a realistic chance to get the ban lifted.


/Nellie