Baby with danish girlfriend but denying FR in Denmark

[felipes]

Hello to everyone and thanks to the creators of this web page.

I am a chilean citizen having our first baby with my danish girlfriend. She quit her job when she was two months pregnant and came to me to be together. We returned to Denmark to deliver one month and a half before due date.
We wanted to apply for FR but immigration rules 'blocks' this right to if your maternity will be payed by the government. So we just can't, no matter if we are having a baby nor if we would marry. We need to wait 3 years since last government payment.
After investigating, going here and there and talking with lawyers, they all point out the only solution: go to Sweden (or any other european country).
Though what I still cannot understand is how to, because for applying my girlfriend needs to prove has sufficient funds to maintain herself, me and our baby, wich in our case means she needs to have a job. So she is expected to work in her maternity???
On the other side, we would be very happy if I could just visit and stay with them in Denmark for longer than what a tourist stay allows (90 days in a 180 days period). For example now I have been here already 2 months, our baby will be born any day so we will be able to stay together 1 more month, allowing me to return to them only after been outside shenghen for 3 months!!! There is no visa nor any exceptions for a case like ours. It's all or nothing.

Do you know if there is a way I can legally stay here for at least lets say three more months? (So our baby can grow a little bit and get stronger before we have to move anywhere else).

Thank you.

Felipe

[mh1]

What are the rules for Chilean citizens visiting or wanting to reside and work in Spain?

The sufficient means that your Danish girlfriend will need to show - btw AFTER you get married, because you should be EITHER married OR able to prove (preferably by providing official registration at same address) cohabitation for about 18 months, in order to qualify for the EU-rules for FR - can be YOUR income.

So: plan your marriage ASAP and look into possibilities for relocating to Spain.

[felipes]

Thanks for your early response mh.

Chilean citizens don't have any particular treatment in Spain than the rest of the EU. This is, no permission to work (unless getting a working visa); but no need for a visa for visiting all EU with a maximum stay of 90 days within 180 days with multiple entries. This could have work perfect for us without the 180 days restriction.

About getting married yes, we would have to do it if we decide to move to any european country. But we are not sure yet as this means she will have to get a job ASAP too with a newborn.

Among all european countries to move for FR under EU rules Sweden seems to be the easiest option as she could actually work in Copenhagen, where she is from, while living in Malmo.

Have anyone here heard about the 'nordic rules' for the same purpose? Everyone points out the EU rules but I have heard and being recommended to prefer it instead the EU rule as it's faster. Apparently you would have to live 3 years in Sweden and then you get their passport, wich allows you when coming back to Denmark to get a cpr immediately based on that swedish passport. I would love to hear your opinion and what you know about this.

Thank you.

Felipe

[mh1]

A mother with a new born baby does not have much chance of getting a job anywhere, unless she has extraordinary talents.

You, however, may have a chance of getting a job in a country where you are fluent in the language. And as stated before, if you have an income that is 'sufficient means' for a family of three, your wife may show this and thereby qualify both of you for FR according to EU-rules. After 6 months or so, you can then relocate to Denmark, all three of you.

Instead of looking at your girlfriend as the one who can shoulder all the responsibilities, start thinking about how you can be part of the solution.

[felipes]

I want to be part of the solution but is not me but danish and EU rules who ask for that requirement for her to work instead of me. Obviously I should work instead of her but they don't give me the right to, I have no permission to work anywhere in Europe. Only after SHE meets the requirements for FR they give me the right to work and stay.
There is also the option to get a working visa by myself and I guess thats what you suggested? But for a company to sponsor a foreign person is only when you are really necessary for them, it's really hard to come to EU and get work if you dont already have a visa or permission for it.

So, as I said in the first post, there is all the pressure for us to live EU if we want to be together, and we very probably will just have to do that. What I was asking here is if you know a way to extend my stay here so that we don't have to fly with a month old newborn.

[mh1]

Neither EU nor Danish rules require that your spouse is the one who works.

The Danish rules only require that the Danish spouse has not received any kind of economic help according to 'Aktivloven' within the last 3 years. Thus, if the foreign spouse is able to support the family, the Danish does not need to work at all.

As I explained before, the EU-rules requires that the EU-spouse shows to have 'sufficient means' to support the family, and those sufficient means may very well be the means secured by the foreign spouse. Again, the Danish spouse is not at all obligated to work.

Other than that (getting a job), there is no way you can extend your visa.

[felipes]

We cannot apply under the danish rule as she requested help for the maternity, for the first time in her life as she never asked for anything before and worked always. She was misinformed as they told her this would not be a problem for me to stay with her here. If she knew we would have never consider that help... but too late for that as we asked them to stop it and pay them back (just two months) but they refused.

I understand under EU rule I could work somewhere else, not in Europe as in my case as a chilean Im not allowed to. I actually have a job in another country (not EU) but the point is to be together. Also I understand with EU rule we could just have enough money in her (and my?) bank account to prove we can maintain ourselves (a lawyer suggested us the amount of 200.000 DK, wich we don't have).

[skaanebo]

100,000 DKK would be sufficient in most cases but depends on how you live.

[mh1]

Is i doable to live in EU and keep your job? You would have to actually LIVE in the EU-country, and spend on average a minimum of 4 nights out of every 7 at your home, otherwise your residence right will be revoked.

People have managed to live in i.e. Sweden or Germany and commute to their job in DK, but if your job is in Chile or USA, no-one will believe that you are commuting from any EU-country to there.

Believable combinations are (EU-contry + non-EU): Greece/Bulgaria - Turkey, Greece/Bulgaria - Macedonia, Greece - Albania, Spain - Morocco, Malta - Tunesia, Poland/Slovakia/Hungary - Ukraine.

[felipes]

Ok thanks for that info. 100.000 DK are much more doable to collect. The point is that THEY accept it rather than to be enough for us. This is just for showing what they want to see for getting the residence. I will still have my job outside EU and maintain us mostly that way.

And my need for the residence is so that I could come more freely, without that restriction of the 180 days. I'm actually only asking to be able to come more than that.

As my job is in the USA then the commuting plan is not doable, but thanks for that info though.

[felipes]

A solution I have thought could work for the sake to gain more time here together is to just send the FR application even knowing they would decline it (because she has received this uddannelsesstøtte (kontanthjælp) money). Do you know how long would take them to answer us? I have read it's 3 to 6 months. But I was told in immigration by a functionary that this would not work for our purpose as when one of the requirements (in this case the stamp from the comuna) is not in the application the answer is very fast, she said may be two weeks. I have my doubts about this. Please, do you know if this is effective?

The other solution we are actually trying now is to find a way to stop that uddannelsesstøtte money she requested and pay back so that we can get their stamp and apply for FR. Do you know if it's possible to stop it on the reason of misinformation or anything?

Thank you

[mh1]

When you clearly do not fulfil the criteria, an answer can come the week after your application was handed in - AND it will be on record, and be a stumbling block if you in the future re-apply genuinely.

It is not possible to re-pay already paid support and get 'a clean slate'. Others have tried, but failed.

[felipes]

Ok... thank you mh.

[felipes]

Do you guys know the punishment for overstaying two months?

[skaanebo]

It would mean you would be blacklisted and not be able to obtain a new visa in the foreseeable future for any Schengen country. So that would be a very bad idea if you intend to come back on visits.