We got rejected..

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Debora
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Tilmeldt: 19.06.2018 20:50:17

We got rejected..

Indlæg af Debora » 02.11.2019 21:36:42

My husband and I got a no to our FS application in DK, as I expected... They gave me 2 weeks to leave Denmark and we can appeal within 8 weeks, which we will just to buy us time to move to Germany since we are aware they'll reject us again, my question is, can we for example send the appeal and move to Germany right after (they probably won't let me stay while waiting for a decision on the appeal) we could really use the time to organise all the logistics and gather some money but would it be legal to cross the border in that time?

I hope my question is understood. Thanks.

mh
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Re: We got rejected..

Indlæg af mh » 03.11.2019 08:38:37

As yet there is no border control when you go TO Germany from Denmark, but if you very well know your appeal would be in vain you will probably not buy yourself ane time by appealing, and you do run a serious risk of being fetched by the police if you overstay the two weeks, appeal or no appeal.

Therefore it would be wise to find some temporary place in Germany, where your spouse can register, and you can stay while he goes to DK to wind up his affairs.
mh

Debora
Indlæg: 14
Tilmeldt: 19.06.2018 20:50:17

Re: We got rejected..

Indlæg af Debora » 03.11.2019 13:08:18

Why would I be fetched by the police if they gave us 8 weeks to appeal? We were thinking about using that time to plan everything so that when we send the appeal we have everything ready to move to Germany, btw by being fetched by the police you mean them coming over, cuffing me up and throwing me out of the country? Because that does sound terrifying...

DortheM
Indlæg: 519
Tilmeldt: 01.06.2017 09:09:56

Re: We got rejected..

Indlæg af DortheM » 03.11.2019 13:41:56

As you wrote they gave you 2 weeks to leave Denmark, so before they are up you should be in Germany.

You have 8 weeks to make the appeal. Sometimes an appeal will give you right to stay until it is processed, but only if US give you the right to stay before the end of the 2 weeks. So to make that happen the appeal should be send in very fast.

As you (your spouse) can read in this article, you risk contained by the police.
https://www.bt.dk/samfund/raat-og-udans ... QaJsR9WGLM

Debora
Indlæg: 14
Tilmeldt: 19.06.2018 20:50:17

Re: We got rejected..

Indlæg af Debora » 03.11.2019 18:05:21

We will send the appeal within this week but what if it takes until past the 14 for them to tell me whether I can stay or not? They'll give me at least 1 day to leave Denmark, right? No way I become "illegal" if it takes longer time for them to rule whether I get to stay.

bsoren
Indlæg: 25
Tilmeldt: 13.09.2019 19:20:48

Re: We got rejected..

Indlæg af bsoren » 03.11.2019 23:39:38

Hey,
I stayed with my wife for a few years after our FS case got rejected in DK. Reason at the time was that a lawyer said to us that if I left DK, I would be barred from entering the EU for the next 5 years, so we took the risk and I stayed till we got prepared to leave for Sweden. And thats because a procedure stay which leads to a rejection is counted as an "illegal stay" in the EU. We finally went to Sweden and now I have a residence permit here.

If you are legally married and even if there happens to be border control when you are LEAVING Denmark, don't worry about the border at all because you're legally protected by the EU Directive 2004/38/EC and you can legally enter any EU country (with your husband and documents present) other than DK. Thats exactly what we did when moved to Sweden (with border control) a few months ago.

So, if you finally decide to stay until you guys leave for Germany, just keep your head down and avoid engaging with the police ;-)

Hope it helps.

DortheM
Indlæg: 519
Tilmeldt: 01.06.2017 09:09:56

Re: We got rejected..

Indlæg af DortheM » 04.11.2019 09:57:02

If you want to not risk being banned from Schengen for 5 years, you got to leave latest the date it says in the rejection letter, you cannot wait for a "approvel to stay" because of the appeal.

bsoren
Indlæg: 25
Tilmeldt: 13.09.2019 19:20:48

Re: We got rejected..

Indlæg af bsoren » 04.11.2019 10:22:09

The lawyer said to us that I will be banned from Schengen even if I left within the time frame that the immigration set for me. Because I over stayed my visa anyway. Even though it was a procedure stay, but since it failed to give me positive results the whole time I over stayed my visa waiting for the decision will be considered an illegal stay. BUT the catch is that then my wife only had permanent residency and was not a Danish citizen yet.

I'm not sure if this visa ban applies to the spouse of an EU citizen too. Someone should clarify this.

mh
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Re: We got rejected..

Indlæg af mh » 05.11.2019 06:22:31

The spouse of an EU-citizen can only be banned from EU, if they are a threat to society, i.e. terrorist, carry dangerous, highly contagious ilnesses or the like.

Once the EU-residence card is issued, they do not need visa in Schengen, but can, using the EU-residence card + passport, travel as freely in EU-countries as the EU-citizens if accompanied by the EU citizen spouse.
mh

Debora
Indlæg: 14
Tilmeldt: 19.06.2018 20:50:17

Re: We got rejected..

Indlæg af Debora » 05.11.2019 20:28:55

Wow crazy with all this information I don't know what to believe, we're talking with a lawyer who's helping us with the appeal case (he thinks we actually have a chance because there's some information they missed about my husband's health situation) and he says I can just stay, as bsoren says and not worry about crossing Germany "illegally" but I read people getting arrested, like the Brazilian girl, the risk of getting fines, AND EVEN US TOLD ME NOT TO OVERSTAY BECAUSE I'D GET BANNED FOR MIN. 2 YEARS! Are they trying to scare me by giving me false information? Btw, mh you write

"Once the EU-residence card is issued, they do not need visa in Schengen, but can, using the EU-residence card + passport, travel as freely in EU-countries as the EU-citizens if accompanied by the EU citizen spouse"

What do you mean by "the EU residence card'"? The card he'd get from Germany?, does that mean he has to establish himself there, get his residence card first in order to bring me? I'm sorry I have so many questions :cry:

mh
Indlæg: 10022
Tilmeldt: 25.09.2007 11:20:33
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Re: We got rejected..

Indlæg af mh » 06.11.2019 08:50:13

Danish people do not get residence cards, as they are EU-citizens, it is YOU who can get one, if you both move to Germany.
mh

Debora
Indlæg: 14
Tilmeldt: 19.06.2018 20:50:17

Re: We got rejected..

Indlæg af Debora » 06.11.2019 15:19:19

Oh okay, but I'd need to move to Germany first in order to get that and that's the whole issue, Can even get to Germany with my deadline expired?

mh
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Re: We got rejected..

Indlæg af mh » 06.11.2019 19:39:51

As I have written before there is no border control when you go FROM Denmark TO Germany, only the other way, so yes, you will be able to go to Germany by car or train. If you and your spouse move to Germany, you will have legal residence as of the moment you hand in your application for EU-residence card.
mh

gambler
Indlæg: 307
Tilmeldt: 16.01.2017 09:50:07

Re: We got rejected..

Indlæg af gambler » 06.11.2019 19:52:53

there is random control, at german border

by car:
often : one police car park an look
sometimes : control, simular to the danish,
not often : full control
(we go very often)

by train:
we almost never use, just one time, there whas 2 officers checking

mh
Indlæg: 10022
Tilmeldt: 25.09.2007 11:20:33
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Re: We got rejected..

Indlæg af mh » 07.11.2019 19:28:11

@ gambler, going SOUTH into Germany? I have travelled pretty often, both by car and by train, and never seen any German police controlling anything. And when we go by car, it is a car with Turkish license plates.
mh

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