directive 2004/38 options what to do if running out of time

sarahpoole · Post by **sarahpoole** » Sat Feb 16, 2013 4:25 pm

hi board
i got a schengen visa for no eu spouse under directive2004/38/eu in december
the visa was valid for 1 month but as i understand still covered for 3 months
we are now on day 62
it doesnt look possible to obtain a permit based on getting a job as we dont speak the language runnin low on time and its looking grim
questions;
on day 90 do we have to leave eu altogether or can we go to next eu countryy?
what would be conquences if we did overstay?
can we apply for irish visa in the eu?
could another family member sponser us in someway to be self sufficent?

thanks

Post by **EUsmileWEallsmile** » Sat Feb 16, 2013 10:11 pm

An Eu citizen can stay in any EU country for three months without any particular conditions (actually just need passport or ID card). Their spouse can remain with them during this time if they hold passport.

After three months, an EU citizen needs to be a worker (includes jobseeker and self-employed), a self-sufficient person (needs resources and sickness insurance) or a student (needs resources and sickness insurance, not all family members qualify).

There are 27 (and soon 28) member states. One could theoretically move between many or all of them indefinitely using the three month period of no conditions. Some may have an additional requirement of notification of residence (this might be registering stay with police, but no conditions other than valid passport / ID card could be required).

I hope this helps.

sarahpoole · Post by **sarahpoole** » Sun Feb 17, 2013 2:31 pm

thanks for your response
what would happen if one was to overstay the 3 month?
what if we couldnt get into another country for instance with just marriage paper and passport?
can we apply for irish visa without a residence card in the eu? the waiting time is 8 weeks.

Post by **EUsmileWEallsmile** » Sun Feb 17, 2013 4:32 pm

If one were to overstay without completing the formalities, one could be at worst finned. Each member state will have different views on this.

Post by **EUsmileWEallsmile** » Sun Feb 17, 2013 4:33 pm

Where are you now?

sarahpoole · Post by **sarahpoole** » Sun Feb 17, 2013 7:01 pm

thanks again for your response
in germany, but want to head to ireland

Post by **EUsmileWEallsmile** » Sun Feb 17, 2013 8:17 pm

You are in Germany, there are loads of adjoining EU countries and you could move to one of them quite easily right now if you wish.

You can of course try Ireland, but be aware that doing so will perhaps require another visa. You may find it difficult to secure jobs in Ireland due to scarcity.

sarahpoole · Post by **sarahpoole** » Sun Feb 17, 2013 9:44 pm

So with a expired 1 month schengen visa are we still elligiable to submit a visa to ireland? Or would we be refused because we don't have a residence therez.
How would anyone know if we was in germany longer than 3 months if the visa was only valid for a month. And they don't stamp passports when going from one eu country to a next?
The only problem with other countries other than ireland is the language barrier. That why I feel our resources of searching for a job would be of greater use in ireland.

Post by **EUsmileWEallsmile** » Sun Feb 17, 2013 10:03 pm

If one travels within Schengen, visa stamps will not prove time spent in a particular country. You are entitled to live in all of them for three months without major condition.

You can check with Irish authorities as to what they require, but in general you should not be required to apply where you reside.

Ireland and the UK are not the only English speaking EU states.

sarahpoole · Post by **sarahpoole** » Sun Feb 17, 2013 10:21 pm

Thanks again for your response
Which other eu states use english as their main lanuage.?
Also what can I do with regards to someone sponsering us in someway. If I was to say I'm not self sufficent but another family member has enough money to say they are taking care of our expenses?
Or if I was to enrol as a student in say ireland can I apply to say someone covering my living expenses?
Or you think we should just ride it out until we can obtain a job in the eu?
We have one child would there be someway to gain resident permit that way?
Sorry for bombarding you with questions again.

Stuartb · Post by **Stuartb** » Tue Feb 19, 2013 8:43 am

Hi, you said jobseeker can be defined as worker, so you can be a jobseeker and stay after the 3 months is up? I guess you have to have proof you've been looking for work, also, I've been thinking about demontage around France and Spain but that wouldn't allow me to get a residence permit for a particular EU country so me and my non EU wife could stay here would it?

sarahpoole · Post by **sarahpoole** » Tue Feb 19, 2013 4:51 pm

stuartb u think jobseeker could gain permit.
when i went to jobcentre here in germany they wouldnt even let me through the doors to search a job. i was told that its for germans only and wat do i want here?
u think i shud go back after the 3 months?

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directive 2004/38 options what to do if running out of time

directive 2004/38 options what to do if running out of time