schengenvisa while entry ban because of 2004/38 EC?

[potato]

Hi,
As I'm new here, I'm not sure if I'm doing a right thing by posting a new topic. Please correct me.
I'm a EU citizen. My non EU partner has an entry ban (indrejseforbud?) for two years because he overstayed. Together we have a EU son.
Is it possible for my partner to get a schengenvisa for Denmark because of the freedom of movement Directive 2004/38/EC even when he still has a entry ban? (As Denmark is not our home country)
Is there anybody who has experience in this? Thank you very much for your time and advise!

[rosebead]

No, it won't be a problem, CJEU Metock case law changed all that. Overstaying is not a matter of public security, public policy or public health - and those are the only reasons a family member can be refused entry. I recommend the Immigrationboards.com forum if you are an English speaker and have further queries.

[skaanebo]

Mind you, you have to be living in Denmark, for your spouse to obtain a Danish visa to visit you.

[potato]

Thank you for your reply.
I don't live in Denmark (yet). But we (my partner) will apply for the visa for him to come to Denmark to travel with our EU son. Our son will have summer holidays in less than two months so I hope he will be able to see his father. (of course I want to see him too )