A Filipina living in denmark for 10months without visa

[marika]

Good day!
My name is Martin and I am Danish citizen. I have a Filipina girlfriend whose living with me and pregnant for 7months and shes been living here for 10months without visa, I dont want her to come home and apply a residence permit at her country since she is pregnant I want her to gave birth our baby either in Sweden or here at Denmark if its possible,the problem is I dont know where to start since her situation now is very risky ,but now time is so fast and soon she will gave birth and need to have a proper care from hospital,is there anything you can help me or suggest what would I do?I dont wanna be separate from her and our baby. Am planning to marry her at Sweden cause we cant be married here at Denmark cause of her age shes only 21 turning 22,is it going to help her situation?Do I need to move at Sweden?or I can apply a family reunification?or any kind of visa to make her status legal,but is she allowed to have a check up here at Denmark? and gave birth while we are on process if they accept?Can I bring her here or she will be deported because she doesnt have visa anymore?Is there any chance or hope for our situation to keep her here and not needed to travel to another country to apply?Am sory I have a lot of questions,I really dont know what to do. Please I would really appreciate your kind and consideration of our situation.
Hope you can help us. Hope to hear a respond!Thank you very much!

Kind and Regards
Martin

[fundiver199]

You will not be able to get married in Denmark, when your girlfriend don`t have legal residence here (i.e. a valid visa). However it should be possible to get married in Sweden. If you get married, you can take advantage of the right to free movement in EU. Please read "jeg vil.. flytte til Sverige/EU".

It is not possible to hand in an application for family reunion in Denmark, if your girlfriend don´t have legal residence here (i.e. a valid visa).

As a last remark, Philippines have absolutely decent private hospitals, so there is really no reason at all, why your girlfriend can not deliver her baby there. Just only your feelings. If you like to be present, when the baby is born, you can join your girlfriend in the Philippines. Danish citizens can enter there free of visa for 21 days, and it is a pure formality to extend a visa for up to 2 years.

Two plane tickets to the Philippines and the bill from delivering a baby at a decent private hospital there is probably less expensive than the bill from delivering a baby at a danish hospital without being covered by any kind of health insurance.

Also I would presume, that if your girlfriend deliver her baby at a danish hospital, then it will be noticed, that she is illigal here in Denmark, and that the police would then take action to expell her, after the baby is born.

So what your girlfriend should have done was to go back in her own country a long time ago. However if she is 7 month pregnant already, it is probably to late for her to fly anywhere now. She must therefore deliver her baby at a danish hospital. And after that she will be expelled and banned from getting a new visa to Denmark for at least 3 years.

I have never heard about this situation before. But I will presume, that if you declare openly, who the father is (which you should of course do for the benefit of your child), the father will then need to pay the bill at the hospital, since presumably in this situation the mother will not be able to pay it herself.

It is quite a mess, that the two of you have created together for yourself and your future child, and you are extremely late in seeking advice about how to solve it.

[marika]

Thank u very much for the answer

U think were allowed to move at Sweden eventhough my girlfriend doesn't have visa? Is there anything I need to do here at Denmark to notify them that I will move to Sweden and then go back here again. Thanks again

[soreng]

You should be able to get married in sweden.
So the best way of solving this mess if you really do not want to have this baby in Philippines, would be that you move to sweden as soon as possible...Tomorrow is better than monday... (look under "Jeg vill..." "Flytte til Sverige").

Then the 2 of you get married in Sweden as soon as possible (they do not have the same rules of not marrying people without a valid visa). Then your now wife seek a visa to join you in sweden, and you can now live for at least 3 months in sweden together...After that you can apply for a visa for your wife in denmark.

If your girlfriend delivers the baby in a danish hospital without insurance (which she cannot have because she is illegal in the country), the hospital will bill her for the service.

You are both in a BIG hurry if you want to do all of this, so forget about finding a good wedding date where family can be there and such things....Everything that can be done today is better than doing it tomorrow. Time is working against you both if you want to make this happen before the birth.

Your first priority should be finding a way of having a visa for your girlfriend, and the fastest way of getting that in your situation is for you to move to sweden and get married with her there...She will need some documents from Philippines stating that she is unmarried, so you might as well use the time you look for an apartment in sweden for also getting those documents for her.

[soreng]

Thank u very much for the answer

U think were allowed to move at Sweden eventhough my girlfriend doesn't have visa? Is there anything I need to do here at Denmark to notify them that I will move to Sweden and then go back here again. Thanks again

And no...It is not good enough that you just "pretend" that you move to sweden. You have to be able to document that you lived there for at least 10 weeks (save all receipts when shopping food, your traincards going to and from work everyday from sweden to denmark, rent, heat, telephone, internet, tv....In short everything you pay for in sweden while you live there you have to remember to save the receipt for, and use creditcards whenever you can instead of paying cash).

[fundiver199]

In theory your girlfriend need a visa to enter Sweden legally. However she can probably not get such a visa from the embassy in Copenhagen. So if she do not want to go back to her own country, she have no other option than entering Sweden illegally. Since she is already illegal in Denmark, and since both Denmark and Sweden are part of Schengen and have no regular border control, it is hard also to see, why this should be such a big problem.

Once you have moved to Sweden (finding a place today, where you can stay, is better than finding one tomorow), and once you are married, your wife now has a right to live with you in Sweden under EU-rules and should apply for a residence card (opholdskort) at Migrationsverket.

In order to get married in Sweden, your girlfriend will need to optain a CENOMAR (Zero Registration of Marriage) from NSO (National Statistics Office) in her country. I am not sure, if this is possible without personal appearance, but if it is, then perhaps she have family, who can help with this.

You should similarly get hold on an Ægteskabsattest from your danish kommune. This is also a peace of paper stating, that you are not married already, and therefore according to danish law able to legally enter into a marriage. When you have both these papers, then it should be possible for you to get married in Sweden.

Legalization of the CEROMAR might also be required, before it will be recognized by swedish authorities. I dought if they will have such a requirement regarding papers issued in Denmark. But if they do, this can be done at Udenrigsministeriet for a few houndred danish kroner.

[antoni]

i like to share something about CENOMAR,,, (certificate of no marriage) issued by NSO,,(national statistics office) in philippines,,, if your girlfriend has a family to do right away for that papers,, its possible because the office released that papers within 3 weeks plus sending papers from philippines to denmark its take long time,,, so i suggest that you can request on that NSO office by internet,, and they will do it as soon as you want,,,
https://www.ecensus.com.ph/Secure/frmIndex.asp
that is the site but you need to pay of course,,, dont be worry,,, everything is under control,,,

[marika]

Thank you very much for the advice we appreciate it a lot

Am doing all the best I can!!

Ill be keep posting you guys

These site is absolutely help us, cheers to the people like you whose giving us info!!

am hoping for the best that we can make it, time is running so fast..

Have a nice day to all

[marika]

Hi again I just wanted to ask if anyone knows what is sambo visa means? Are we allowed to apply that? Or still stick of getting cause am afraid the time is too short for us now, am looking for an apartment at Sweden and I will heard it these coming week if we can have the apartment, then I wonder what next if are at sweden, get married or apply the sambo visa? What's the easiest to make her status legal right away.

Thanks.

[fundiver199]

I have never heard of such a thing as a "sambo visa" in Sweden. However family reunification is possible by swedish national law, even the cupple is not married. So perhaps this is, what you have heard someone refer to as a "sambo visa". It is however not a visa but a residence permit. In Denmark and Sweden the word visa only refer to a permit allowing for a short term stay, not long term residence. This is different from other countries, where the word visa is also used for, what we in Denmark and Sweden call a residence permit.

Applying for family reunification after swedish law requires, that you go back to your home country and wait there for approximately 7-9 month, while the application is being processed. You are not allowed to enter Sweden during this time. So in your situation, using the right to free movement in EU is probably the better option. And this then requires, that you get married.

Best of luck to both of you.

[angela63]

I have this situation:

I'm living in Denmark illegally for seven months now.

I have a Danish boyfriend.

Questions:
1. Is there a possibility that we can be married without going back to the Philippines?

2. Is there a possibility that we can process the papers in Sweden?

3. If so, what do we need to do to have legal papers without leaving europe?

4. How many years do my boyfriend need to prove that he has a Sweddish relation without spoiling his Danish rights?

5. And how many months/years it will take for me to be a sweddish citizen?

Thank you

[mh1]

1. You cannot get married in DK as long as you do not have legal residence.

2. In order to get married in Sweden you would have to BE in Sweden, since papers regarding applying to get married have to be handed in in person by both of you.

3. A Danish citizen can use a certificate (ægteskabsattest) issued by a Danish kommune. A foreign citizen need documentation from his or her own state, which must be in English or French, or else translated, as well as legalized.

4. This question I do not understand. A Danish citizen may apply to become Swedish citizen after 2 years of residence, and after 5 years may become Swedish by simply declaring that he/she wants to. At present this will mean loss of Danish citizenship. Since any Nordic citizen is free to move to another Nordic country, a Swedish citizen may move to DK any time.

5. You must have permanent residence permit of some kind in Sweden and have lived there 5 years legally. OR you may apply after 3 years, provided that you are married to a Swedish citizen for at least 2 years, and this person has been Swedish citizen for at least 2 years. In any case you, angela63, in your situation, cannot become Swedish citizen, before you have been living legally in Sweden for at least 5 years.