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What's the deal with Marriage of Convenience?

Immigration to European countries, don't post UK or Ireland related topics!

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kobrien
Newbie
Posts: 32
Joined: Wed Sep 02, 2009 7:02 pm

What's the deal with Marriage of Convenience?

Post by kobrien » Thu Sep 10, 2009 12:38 am

Do nations in the Schengen zone really look critically at all marriages to see if they're shams?


My situation is really messed up and weird and I'm afraid they might look at it as being suspicious.
:(

-I met my husband in Cz. Rep. We were classmates doing a prof. program together.

-I applied for Schengen D visa, was refused (some protocols were wrong)

-We had been cohabitating for over 6 months when I received my depature order (not deportation, didnt receive any ban).

-Left EU for 3 months (followed ALL the rules), we got married in July so we wouldn't have to be separated again.

-Two months later, my husband got a job offer in Italy.

-Now, he has to register and I have to apply for residency.


If you were an immigration officer, would you think this situation was suspicious?
Will they even know I got a departure order?

charles4u
Member of Standing
Posts: 369
Joined: Mon Jul 28, 2008 7:33 pm

Re: What's the deal with Marriage of Convenience?

Post by charles4u » Thu Sep 10, 2009 12:46 am

kobrien wrote:Do nations in the Schengen zone really look critically at all marriages to see if they're shams?


My situation is really messed up and weird and I'm afraid they might look at it as being suspicious.
:(

-I met my husband in Cz. Rep. We were classmates doing a prof. program together.

-I applied for Schengen D visa, was refused (some protocols were wrong)

-We had been cohabitating for over 6 months when I received my depature order (not deportation, didnt receive any ban).

-Left EU for 3 months (followed ALL the rules), we got married in July so we wouldn't have to be separated again.

-Two months later, my husband got a job offer in Italy.

-Now, he has to register and I have to apply for residency.


If you were an immigration officer, would you think this situation was suspicious?
Will they even know I got a departure order?
First, All EU member states have an internal monitoring system...so if the Czech authority put your departure order on the system then the Italian authority will know.

Secondly, the fact your married now is a different thing entirely...oce you can provide proves you lived together for a long time b4 getting married. I believe they will issue you the residence without too much stress.
Charles4u

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Sep 10, 2009 12:54 am

Kobrien, i think we need to leave the past where it belongs and focus on the future.

What happened with the Czech is dead and buried, now your situation and circumstance has changed, you are now married to an EEA national, this changes the whole dynamics.

Except one receives a ban on ground of public policy, Pubic Health or Public Security a member state cannot refuse you an entry.

Even if you were in a marriage of convenience in the past, the onus is on the authorities to prove that your current marriage is of convenience.

Just come with any evidence that points to the fact that you lived in the same household and has been in a relationship for a substantial period.

You should cease from worrying too much. Life is too short.
Smooth seas do not make skilful sailors

kobrien
Newbie
Posts: 32
Joined: Wed Sep 02, 2009 7:02 pm

Post by kobrien » Thu Sep 10, 2009 1:02 am

thanks for the advice guys.
I just need to RELAX, I think!



"Even if you were in a marriage of convenience in the past, the onus is on the authorities to prove that your current marriage is of convenience."
----ha ha ha. luckily this is my first and going to be only marriage :)


"You should cease from worrying too much. Life is too short."
-You sound like my husband. I worry too much, I know.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Sep 10, 2009 3:38 am

What country is your husband from? And which are you from?

As the spouse of an EU national who is working in a different Eu country, the rules are very generous. It is worth keeping the documentation of your shared relationship leading up to the marriage, but in almost no cases will you be required to show it or do anything with it.

Enjoy Italy. You can work there too if you want!

ciaramc
Senior Member
Posts: 552
Joined: Mon Jan 15, 2007 10:43 am

Post by ciaramc » Thu Sep 10, 2009 8:20 am

Yes where are you from? And your husband??

If your visa required you will have to apply for an entry visa into Italy. I know some people had problems as they had been in the SIS system and before Italy would issue an entrance visa they had to be removed from the system!

You obviously know that as a spouse of an EU citizen.....you can enter with your husband! And the embassy has to issue you with a visa at an accelarated process and free of charge!

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