Non EU married to an EU citizen

[avs]

Hey,

Can anyone help?

This is my situation:

I am british citizen living in france where i met and married my American husband, we also had our child born in france.

Now my question is:

What type of visa or residency is my husband entitled to apply for? bearing inmind that he has over stayed his tourist visa by 2 years!

Can anyone please advise us on what we can do to enable my husband to live,work and move around freely in france without risking getting kicked out of the country for being here illegally?

Is he entitled to a carte de sejour? we thought about going to the perfecture but are worried about what they would do as he is illegal.

Please advise

avs

[SYH]

The french will not think kindly of his overstay.
When ahd where did you get married? what do your documents say, how has your husband supported himself with no paperwork?
Whatever you do, he will have to go back to the usa to apply for an appropriate visa or you might have to figure out a route through your Uk status

[avs]

I figured the french wouldnt think kindly about his over stay.

But we did manage to get married here and we have a "livret de famille" which is a french family book and we had our son born here, is there no way the french will give him residency in france?

and we can take the uk route because he dosent have a visa to enter the uk

thank for the reply

[SYH]

If you have the livret de famille that helps
however, I think you are better off talking to an immigration lawyer who knows the ins and outs of the system
you can contact jean taquet, I've used him but my situation wasn't as complicated but his rates are reasonable and he has a sensible approach to french immigration

Jean Taquet
A Survival Kit for Paris
52 rue Notre Dame de Lorette
75009 PARIS
phone: (33)(0)873.62.36.11.
phone: (33)(0)1.40.38.16.11.
cell: (33) (0)6.16.81.48.07.
Fax: (33)(0)1.40.62.94.27
E-Mail: qa@jeantaquet.com

[avs]

Thank you

[Directive/2004/38/EC]

The right of freedom of movement and residence for EU citizens and their non-EU family members are defined in Directive 2004/38/EC. It is worth reading carefully through the material at http://eumovement.wordpress.com/directive-200438ec/

The decision in a number of court cases is that the right to a family life (generally) overrides infractions like minor criminal convictions or being expelled from the country. See http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf

Are you working or otherwise exercising a treaty right? If so it may strengthen your case.

It may be that your husband just needs to apply for a Residence Card (especially if you are exercising treaty rights). See http://eumovement.wordpress.com/info-france/

Finally, you should contact the EU's free Citizen Signpost service at http://ec.europa.eu/citizensrights/ for their take on your legal rights

[avs]

Hey,

Thanks alot for the information you provided.

I have been living in france for over 6 months but have never got a residence permit, maybe i should get my residence permit first and then go ahead with his one.

Also, what if we just cross in to a non eu state and then re-enter france, would that temporarily sort hisl egal problem? we just want to try to avoid explaining to the perfeture that my husband has been in france for 2 years illegally and managing to work under the table.

[SYH]

I guess you didn't bother contacting Mr Taquet.
I can you tell you now that the scenario above isn't going to fly,
You really shouldn't bother trying to come up with harebrained schemes for complex immigration issues.
Just email him, you really need someone who understand the law to sort you out properly