Risky idea?

[NeverendingDream]

*Deleted my first post of own reasons*

[mh1]

Child support money will in Norway surely ONLY be paid out to a parent, just as in DK, not to a - in the eyes of the authorities - person, who is completely unrelated to the child.

Why do you not get married now? She is legally in Norway, so what's stopping you?

Is it not possible for you to apply for family reunion according to Norwegian law? Have you checked that?

Why should you have to wait and force your girlfriend to stay illegally in Norway, why can you not move to Sweden and commute to your work?

Given what just happened in Norway (the election) surely being an illegal alien is just about the worst situation to be in, as the new government will probably be very keen on enforcing the law on foreigners.

[NeverendingDream]

Child support money will in Norway surely ONLY be paid out to a parent, just as in DK, not to a - in the eyes of the authorities - person, who is completely unrelated to the child.

Why do you not get married now? She is legally in Norway, so what's stopping you?

Is it not possible for you to apply for family reunion according to Norwegian law? Have you checked that?

Why should you have to wait and force your girlfriend to stay illegally in Norway, why can you not move to Sweden and commute to your work?

Given what just happened in Norway (the election) surely being an illegal alien is just about the worst situation to be in, as the new government will probably be very keen on enforcing the law on foreigners.

Thanks for your answers mh.

I have read that one need a marriage visa also called a engagement visa (a 6 month visa), to marry a foreigner in Norway. I assume there are cases where it has worked anyways, with a standard tourist visa, like she has now. But I have not checked this, and anyways, maybe it is worth trying.

But when you talk about family reunion after norwegian law, they have a strict policy just like Denmark. As I am sure you know, I need a income of 260.000 krones a year or something like that, and also need to have the same from last year and for future and so on. I also can't have social security money from previous year or same year etc. I am currently unemployed and going through work courses together with the official norwegian state agency NAV.

So, I guess the only way I would get approvement on a family reunion appliance is if they use the ruling that sounds something like "Strong humanitary issues". Where in this case, I assume a kid of 1 year old, which is infact Norwegian, would maybe approve her to get residence permit.

What do you think?

And while we send the family reunion appliance, she will stay legal in Norway while we wait for answer right? And in this time, I might also have gotten a job and can better fix the Swedish solution.

Tell me if this might be a good solution?

Thanks alot for all answers.

Sincerely,
NeverendingDream

[fundiver199]

Although I can maybe understand your wish to be together, I have to say, that it has always been the official policy of ÆUG to discourage any violation of immigration laws as well as other laws. As a very general rule of life, you are almost always better off staying at the legal side of the fence, even it involve some hardship or disadvantages in the short term.

What is preventing her from simply going back to Mexico, before her visa expires? And what is preventing you from visiting her there in your vacations, until you have found a solution, that will allow you to live legally together?

There is also a 1 year old child involved here. And what will you do, if that child suddenly need medical attention?

[NeverendingDream]

Although I can maybe understand your wish to be together, I have to say, that it has always been the official policy of ÆUG to discourage any violation of immigration laws as well as other laws. As a very general rule of life, you are almost always better off staying at the legal side of the fence, even it involve some hardship or disadvantages in the short term.

What is preventing her from simply going back to Mexico, before her visa expires? And what is preventing you from visiting her there in your vacations, until you have found a solution, that will allow you to live legally together?

There is also a 1 year old child involved here. And what will you do, if that child suddenly need medical attention?

I understand you, and maybe I had a desperate moment, as I am have very deep feelings for her. But yes, I will without a doubt, stay on the legal side.

Yes, I could visit her in Mexico, as I have already done many times. While I try to fix a way to move to Sweden and get a job there. But regarding my last post, what about the ideas I had there, could you please take a look? Thanks for all help.

The child is taking care of, no matter if it is in Mexico or if it is Norway. Any visits to doctor is no problem.

NeverendingDream

[fundiver199]

I am not an expert in norwegian law, and perhaps you should consult ÆUG´s sister organisation in Norway "Grenseløs Kærlighed". However it is probably fair to assume, that norwegian interpretation of international conventions and EU-law is similar to the danish one, so I can answer you based on that.

And if this was Denmark, then having a child with a danish father does not in itself give her any right to a residence permit in Denmark. It might give her a right to KEEP a residence permit, if they had lived legally together in Denmark, so that the child was used to seeing both its parents. But it will never give her any right to GET a residence permit, when she has never had one.

I dont know in Norway will allow handing in such an application in Norway, or if Norway will grant a "processual stay", as it is called in Denmark. People in Norway are more obvious to answer this.

I am a bit surpriced to hear, that a special kind of visa is required to get married in Norway. But they have similar rules in Germany, so maybe you are equally unfortunate in Norway. Many germans have solved this problem by getting married in Denmark and in Tønder Kommune in particular. So mayby that could be a solution for you as well, although the northern part of Jylland would of course be a more obvious choise for you

The requirements in Denmark are a valid Schengen visa ("legal residence"), valid passports for both of you, and certificates of non marriage for both of you from your respective countries. Marriage in Sweden is also fairly easy and don`t even require legal residence.

[NeverendingDream]

I am a bit surpriced to hear, that a special kind of visa is required to get married in Norway. But they have similar rules in Germany, so maybe you are equally unfortunate in Norway. Many germans have solved this problem by getting married in Denmark and in Tønder Kommune in particular. So mayby that could be a solution for you as well, although the northern part of Jylland would of course be a more obvious choise for you

The requirements in Denmark are a valid Schengen visa ("legal residence"), valid passports for both of you, and certificates of non marriage for both of you from your respective countries. Marriage in Sweden is also fairly easy and don`t even require legal residence.

Thanks alot for these ideas and tips. I already was aware about how easy it can be to get married in Sweden, I live in Trondheim, so maybe Sweden would be the best solution. What I wonder though, is if it will work without certificate of non marriage for her, since I am unsure if she got that document with her. Is there any way a relative of her in Mexico could get it? And then we would have it sent to Norway with express. She has still 6 weeks left of her Visa.

Another thing I wonder, is if me and her found a way to get married. And we then were seeking for the standard family reunion in Norway, would this appliance and seeking process make her able to stay legally while we wait for an answer? I am almost sure they will not approve it, but at least, if this takes many months, I would be living with her and working on the progress for Swedish solution meanwhile. Good idea?

[fundiver199]

Different countries have different rules but usually personal appearance is not required to obtain a certificate of non marriage. So yes a relative should be able to help with this (perhaps with a signed power of attorney from your girlfriend), and if it is then send to Norway with curier (like DHL), it should also be able to arrive in less than 6 weeks.

I still don`t know, if Norway allows "processual stays" when applying for residence permits. Danmark do and Sweden don`t, so it could be both ways. It should be pretty easy to find out on UDI´s homepage I suppose?

[Sostoyalve]

Det er virkelig gode stillinger.