Post
by lifeart » Sun Sep 19, 2010 3:56 pm
This is really not a problem, or a difficult situation.
The firts three months of stay you do not need anything except for valid passports and a marriage certificate.
After that, all you have to prove is that you: either are a worker, part-time, f/t, or self employed, are self-sufficient (in this case you need to show prove of private health insurance), are looking for work or are a student.
In all of the above cases you are exercising treaty rights as EU citizen. Your third country national spouse automatically has the same rights as you do. Even if the 90 days are passed she is NOT illegally in France (as long as you are there together), as you (and she) are exercising treaty rights.
Check the documentary requirements of your préfecture for "conjoint d'un ressortissant l'UE", or similar. Make sure they understand that you are applying for your wife on the basis of EU treaty rights NOT national legislation (only for French citizen spouses). She then should be given a "recepicé" (temporary proof of application), and the within six months receive her 5-year resident card