Bolivian - Danish couple need advice on 2nd visa application

[Onita]

Dear people from marriage without borders,

Thank you very much for such a great web page, my boyfriend and I have found it very useful and have read many of the posts in different topics. I use google translate because I don’t understand Danish…yet! .
I have some questions for you, regarding application for Schengen visa, if there is anyone that has experience in the matter, it will really help us to hear your opinion.

My boyfriend Klaus, is Danish and I am Bolivian, we have been together for more than a year, I visited him on a Schengen for 3 months 5 months ago. We were told back then, that it wasn’t difficult for me to get a visa because Bolivia is in the tourist group of countries. Nevertheless, on that occasion I said on the application that I was visiting Klaus as a friend I knew from work (we met while working on a project funded by Danida in Peru) I also said I was seeing other Danish friends from the project. In April he came to visit me for a month. Now I am going to DK again in August; this time I will say I’m visiting him as my boyfriend and I want to know if that could have a negative effect and they end up not giving me the visa, I will ask for 3 months again.

I have a second question about who is covering my expenses while I’m in Dk. First time I got the Schengen visa, Klaus was giving me a place to stay and I was covering other expenses myself because I could show bank statements, of the last 6 months, with more than usd 4.500, that is what they say I should have (usd 50.00 for each of the 90 days I was staying). Also, I was able to show a job contract that proved my attachment to Bolivia; I had to come back home to my job. This time I will have to borrow the money, which means it will be in my account only a few days before I go ask for the visa, and it will be exactly usd 4500 or so; and I don’t have any job waiting for me in Bolivia. Again, I’m afraid this may have a negative effect and I end up not getting a visa.

On the other hand, I know we could say all the expenses are being covered by Klaus, would that be a better scenario? and what will they ask of him in that case? Considering he is self employed.

Thank you very much for any help you can give us, it is awesome to have a forum like this!

[fundiver199]

I don`t see any reason at all, why you should not be granted a visa again, given that you left Schengen on time after your first visit and did not have any conflicts with the law.

Klaus can just write in his invitation, that he will cover your expenses during your stay. That is a very normal and simple procedure, when someone invites his or her spouse or fiancee or boyfriend/girlfriend to Denmark.

He should then send you some kind of documentation for his financial situation like his payroll slips for the last 3 month. But if he is self employed, his last tax statement might be a better option. But it is up to him really, there are no "rules" about these things, and his financial situation is not important in determining, if you get a visa or not. It is mostly just a formality and to show, that he is not completely broke.

Klaus does not need to document any specific amount on his bank account, becuase (unlike you) he can legally earn money to pay for your expenses, while you are here in Denmark. And for that reason, he does not need to present any money "up front".

Basically it is all about securing, that you can pay for your basic needs as well as your trip back home in a legal way. And when you have a "sponsor" in Denmark, it is pretty obvious, that this will be the case.

[Onita]

Dear fundiver199,

Thank you very much for your answers.

We still have a doubt.
Could it stop me from getting a tourist-visa, or prolong the schengen visa application if the danish embassy are aware that i am going to Denmark to get married?
Since my boyfriend and I are planning to get married in a legal way so we can be together, it shouldn't be a problem to be upfront about our plans? Or do you with your knowledge/experience advice us not to mention we want to get married once I'm in DK, when applying for the tourist visa?

The reason we are worried about this is that they mention that the immigration authorities will detemine if you decide to stay in the country when your Schengen Visa expires. We presume they mean if you stay in a Schengen country illegally, right?!
http://www.nyidanmark.dk/en-us/coming_t ... to_app.htm
"Relevant documentation, such as information about the reason for the trip, proof that you have available accommodation, proof that you have sufficient means at your disposal to cover your living expenses as well as your travel home. You should also include information that will allow immigration authorities to determine whether you plan to leave the Schengen region when your visa expires"

[fundiver199]

Your assumption is correct. "Immigration risk" is defined as risk of illegal immigration or application for asylum only. Not as "risk" that the visa applicant might seek to acheive another kind of residence permit like work, study, family reunification etc.

It should therefore be irrelevant for your visa application, that you intend to get married in Danmark. However since it is irrelevant, I also see no reason what so ever, why you should "entertain" the embassasy about your wedding plans in your application. Why not just write, that the purpose of the trip is to visit your boyfriend / fiancee? That is much more simple = less questions to answer, if they interview you at the embassy.

Under all curcumstances you must maintain, that you plan to return to your home country, when your visa expires. "Getting married" is not the same as staying in Denmark and applying for a residence permit.

So if the embassy for some reason know, that you intend to get married (but why would they know that?), and if they ask you, what your plans are, then please tell them, that your plans are to return to your home country and hand in an application for family reunification at the embassy at a later point.

This is the confusing and illogical part, since Denmark on one hand maintains, that a residence permit should be acheived, before a foreigner enters Denmark. But on the other hand very liberally grant a "processual stay" to those, who ignore these official guidelines.

[Onita]

Dear people,

I have new questions for you, not related to 2nd visa application, but I thought it was better to continue posting here to make sure you can check out our story if you need to.

My boyfriend and I have been reading the info in your website, specifically the link about I will … Move to Sweden/EU country http://www.aegteskabudengraenser.dk/jegvil/sverigeeu. From this, we understand that after we have married and we move to Sweden, and he has applied for a cpr number. From this moment, I will have the right to stay up to 3 months without having to register nor apply for Residency Card? Are these 3 months separate from my Schengen Visa?

We are afraid that we need to apply for a residency card before my Schengen visa runs out?

We are hoping, that we only have to register for cpr number / registrations proof (registreringsbevis) before the visa runs out (and afterwards we can apply for a Residency Card?)

We are confused about whether my rights, as the wife of an EU citizen, are stated by the registration-bevis or the residency card.

Once again, many thanks for your time and patience to answer more questions.

[fundiver199]

In theory the Free Movement of Persons Directive does not require you to apply for a residence card until 3 month after your arrival in Sweden. However most people cannot wait to have their residence card issued, so why postpone the application?

It will also be a somewhat akward situation to stay in Sweden without a valid visa without having told the authorities, that you intend to reside there. So it is kind of common sence to apply for a residence card as soon as possible, and preferably before your visa expires.

And you can apply for a residence card, as soon as you have moved to Sweden. It is not necessary to wait for any other papers to be issued or at disposal, as these can just be handed in to Migrationsverket later. Lige e.g. your husbands swedish registration number or his payslips or whatever. The application does not need to be "complete", when you hand it in, as the allowed processing time is up to 6 month.

[Onita]

Dear Fundiver 199,

I have a question regarding whether it is a good idea to move into a collective (we rent 1 room and share living room, kitchen and bathroom and other common areas) once in Malmö . Will it make it more difficult for us to prove to the authorities (if we end up having to do so) that we really lived in Malmö? considering my husband is hired by a Swedish company for 10 weeks, but he will commute to Dk everyday.

Many thanks again!

[fundiver199]

Not really, since you will still have some sort of rental contract, and you can still collect many kinds of evidence for your psysical presence in Sweden. You don`t need to live in a particular way, you just need to be able to prove that:

a) You actually lived in Sweden and wasn`t there just for something similar to a vaciation eg. a short stay in a hotel or furnished room or holidayhouse

b) You did not have a fake adress

These are the main points, that it is all about. Not if you live in one or another way.