EU-citizen and pregnant non-EU citizen with visa expired

[iab]

Hi,

I would appreciate any feedback on my situation.

Me:
- EU citizen.
- Working in Denmark.

She:
- Non-EU citizen.
- Pregnant (~2 months).
- Visa expired.

I have been adviced that we should first get married before applying for family reunification.

First, I inquired about the possibility of getting married in Sweden. I have been told that this is not possible because she is not a legal resident. However, I have found a post in this forum where someone said that this is, in fact, possible. What is the Swedish / Malmö institution where I should inquire ?

Next, I inquired about the possibility of getting married in Spain. This is possible, but since she has no permit, the process will be slow. Normally it takes at least 3 months to get married in Spain (even being both partners Spaniards). I am afraid we can get a 'No' very late, or a 'Yes' when she is 7 or 8 months pregnant and cannot travel by airplane anymore.

I have been told that if we get married, and she is still in EU, she can apply for an EU card without having to leave Denmark.

The last option I am considering is that she will go to her country of origin, and me after her, to get married. Then apply for family reunification. But, I have read that this may take up to 6 months. I believe this option should work, but I am trying to avoid it if possible.

Any help is appreciated.

Thank you!

[skaanebo]

Yes, you can marry in Sweden whatever her legal status. You will need to contact the church or city hall that you intend to marry in to set up an appointment and ask what kind of papers they need.

If you have been living together for the past 18 months and can document it, however, you won't need to marry in order to use EU laws.

And yes, provided that you work and can provide for yourself and your family, she can obtain a Danish residence card under EU laws.

[iab]

Hi again, and thank you for your reply.

I have been researching a bit, and indeed it seems that one can get married in Sweden regardless of your legal situation. However, they ask for this certificate, "äktenskapscertifikat", which I am not sure if one can obtain easily. It should be a certificate stating that your partner and you "have the right to marry each other" in your country of origin. But, does somebody know some English name for this document, or can provide any advice on how to obtain it? We have contacted her embassy and we are waiting for a reply, but I am afraid they may just say that they do not issue that kind of document.

Thinking about the worst case scenario. Does somebody know if the EU puts a limit on the processing time for a visa to be issued to an EU-citizen family member? I am not finding this anywhere.

Thanks for your valuable advice!

[skaanebo]

It might be simpler to answer if you tell what her nationality is as these kind of documents have different names in different countries.

[iab]

Sure. If that helps, she is from Philippines. Is this "äktenskapscertifikat" a kind of certificate of no impediments?

[mh1]

She will need to get a 'cenomar' from the Philippines.

http://census.gov.ph/civilregistration/ ... nt/cenomar

[iab]

Thanks for your reply @mh. Unfortunately, I am not getting any help regarding the "äktenskapscertifikat" from the Philippines embassy. Just to be sure, are you saying that "äktenskapscertifikat" is the Swedish equivalent to the CENOMAR in Philippines? That would make things much easier!

[mh1]

As far as I know - from this forum - one has to get the CENOMAR from the Philippines, one cannot get it from the embassy:
viewtopic.php?f=5&t=14549&p=87844&hilit=cenomar#p87844

(fundiver knows a lot about the Philippines)

[iab]

Hi again,

We are waiting for a paper from Philippines, but it's taking long time, and I cannot be sure that there will be no objection from the Swedish authorities, so I am starting to consider other options.

1. Is it possible to apply for family reunification while not being married? After she gives birth we will constitute a family (I believe) regardless of our marital status, where both me and and the child will be EU citizens. So I wonder if that would be enough for an application. I don't find this clearly stated in the europa.eu website.

2. If she returns to Philippines, she will get an overstay stamp on her passport. I wonder if that would make difficult, or practically impossible, for us to get family reunion approved. If it may get accepted, would it be in a reasonable amount of time? I heard the case should be decided within 6 months, but I have read that in practice the average time is way more than 6 months.

Thank you for your advice!

[skaanebo]

1. No a baby will not make any difference. You only qualify if you are either married or can prove you have been cohabiting for at least the previous 18 months.

2. Overstay makes no difference if you apply through EU rules.