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Question

Hello, I'm an Indian student living in Sweden with Schengen Visa. My fiance is from Poland but working and living in Germany. She doesn't have any address in Poland. We are planning to get married in Poland in June, since she doesn't have holidays till June. My visa is expiring on end of June. I know I must apply for stay card for which I need some procedures and what I can do with this stay card? Is it possible for me to go around Schengen countries with this stay card? Becasue I want to stay with her in Germany or is there any other possibilites for me to apply for something else? Thank you.Waiting for the reply.

Answer

I am not sure I understand your plans properly.

You wish to marry in Sweden with a Polish girl living in Germany. Your visa expires in June, and shortly before you plan to get married.

My question is where you wish to apply for your 'stay card'?

Firstly, I believe it would be very useful to quickly check the marriage formalities in Sweden to make sure in advance that both of you posess all the documents necessary for marriage.

Secondly - you should know that in principle, the european law allows for non-european spouses of EU citizens to stay together with those EU citizens only in that country, where the EU spouse resides. That means that if your girlfriend lives in Germany - no other country will offer you a residence permit because of your marriage, only Germany can do that.

It is only in Germany that you can apply for a residence card (based on family reasons). For this to be possible, your girlfriend will have to prove she works legally in Germany, and her situation is stable in this country.

Our organization is based in Poland, we are not experts on German migration law - you can find information on this in German NGOs.

What we can only say is in the described situation you would not be eligible for any residence status because of your marriage, as long as your wife does not reside in Poland.


Answer date:

2013-03-12 22:27:15

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