Ægteskabudengrænser.dk

Hi,

I have a question concerning the consequences of being illegal in Schengen, and about what to do.

First the background for my question. I am a Danish citizen with a Brazilian fiancée living in Portugal, unfortunately she’s been living there illegally for about 2 years. We plan to get married next year, but will need to go to Brazil prior to the marriage, in order to be able to arrive legally in DK.

If her illegal stay in Schengen is revealed in connection with flying back to Brazil (for some reason her passport was not given a date-stamp when entering Schengen), what will the likely consequences be for her?

Could we in this situation alternatively use the “Swedish model”, to be married in Sweden and apply for residence permit under the Swedish rules and residence card under the EU rules, in case we find the risk of being banned from Schengen too large?

And a final question – Is there any way to change her status from illegal to legal without having to leave Schengen first, and do a possible quarantine?

If you can settle as a registered EU-citizen in Portugal for a minimum of three months, and marry her (I don't know how strict Portugal is with legal residence as a requisition for getting married), she will become a legal alien because you will then be an EU-citizen using your right to free movement, which gives her the right to join you. She can apply for an EU-residence card, and with it she is free to travel in and out. Check the rules for it by using RÅDGIVNING > FLYTTE TIL SVERIGE/EU-LAND.