Can border patrol kick me out?

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Sandy14
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Can border patrol kick me out?

Indlæg af Sandy14 » 30.08.2019 12:57:41

Hello everyone.

My Danish husband and I are currently waiting for an answer to our FS application in DK, and we have faith it might be granted so we want to wait for the final answer, if it's rejected we'd move to Germany, but the time they give me to leave DK (2, 3 weeks?) might not be enough to plan the move/get a job there/find a new tenant for the apartment etc... I've been told that even if I stay illegally for a period of time that won't affect me in Germany or in Denmark but I'm honestly terrified of being stopped at the border and being questioned, deported or who knows what, especially if it takes longer than 1 month for us to get our ducks in a row. Can anyone tell me how likely is for this to happen? I don't wanna go back to my country for 3 months because the tickets are 10.000 dkk and I don't wanna waste time. Please help! And thanks in advance, you guys rock!

mh
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Re: Can border patrol kick me out?

Indlæg af mh » 30.08.2019 15:20:29

If you go to Germany by car or train, there is no border control - not yet, anyway. I have traveled by train several times this year, and going south have not seen any passport officers. A month ago we went by car, and there was no checkpoint on the southbound highway lanes.

What you may do is go south a few days before you have to leave DK, and find a temporary lodging from where your husband can commute to DK until all the ducks are in a row, and you have found a more suitable home where he can get registered.
mh

Sandy14
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Re: Can border patrol kick me out?

Indlæg af Sandy14 » 30.08.2019 16:38:18

Thank you, that's a very good alternative. We travelled to Germany by car last year and my husband and his mother insisted that I should bring my passport and even though I do remember seeing officers they never asked to see my passport, I thought we were just lucky but judging by your answer my guess is that those officers's duty is not to check passports.

mh
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Re: Can border patrol kick me out?

Indlæg af mh » 31.08.2019 19:47:55

When you travel north into Denmark, ALL train and bus passengers get checked, even those like me who are really pale, blond and blue eyed. If you go by car, SOME get checked; we have been checked three times when going from Germany to DK by car, so even if you have a valid visa or a residence card, you must bring your passport.
mh

bsoren
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Re: Can border patrol kick me out?

Indlæg af bsoren » 13.09.2019 20:36:42

Hey Sandy,
According to the Article 5 - Section 4 of the EU Directive 2004/38/EC, You should be able to go out of DK to any other EU member states together with your husband present without any problem, even if you don't possess a valid visa. All you need to have is both of your passports and your marriage document(s). But keep in mind that you legally cannot use this law to come back into DK which is considered your husband's country of origin and the EU rules don't apply to him and his spouse (you).
You may have to present your case and stay firm if encountered border patrol, but the law is on your side and you legally have to be allowed into the country(s), so no worries.

I link the EU Directive below along with a useful link to read and get a better idea about how this rule works:

https://eur-lex.europa.eu/LexUriServ/Le ... 123:en:PDF

https://www.immigrationboards.com/europ ... 95372.html

All the best.

mh
Indlæg: 9980
Tilmeldt: 25.09.2007 11:20:33
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Re: Can border patrol kick me out?

Indlæg af mh » 15.09.2019 15:46:36

Even if you have the right described in bsoren's post, you should be aware that the border police and civil defence officers who are doing the passport checking at the Danish-German border (and -Swedish) are NOT lawyers with expertise in EU-laws, and they do not have the time to listen to a lecture on them. They will ask you to leave the train, respectively wait until they have conferred with a superior (who hopefully know the rules a bit better).
I have seen people who showed valid EU-asylum residence + passport thus being escorted off the train in Padborg. We have been held up for about half an hour when entering Denmark from Germany, in spite of my husband having a special passport and thus not needing visa - they didn't know about such passports.
mh

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