Can I apply for another Schengen Visa?

[Yasser::Norske]

Hello everybody, I'm non-EU family member of EU citizen. Me and my wife got married in Egypt, my home country and then we decided to move to Finland in order to look for a work and settle there forever. I applied for Schngen visa at the Finnish embassy in Cairo and I got this visa for 3 month, will end on (24/10), under basis of Directive 38/2004/EC we are still staying in Finland until the beginning of October, maybe til 10/10, unfortunately it is hard to get a job here and we decided to leave..

Next plan is to move to Belgium, and settle there also for 3 months, but my visa has no enough days to validate my stay in Schngen area of Belgium. What shall I do? Can I apply for another Schengen visa from Belgian embassy in Helsinki even if I don't have residence card in Finland?

If we moved to Poland to get a temporarily residence permit as a spouse of Polish citizen it will take more than 3 months I think, during this period can I go and stay in Belgium with my spouse til the produce of the permit?

[Directive/2004/38/EC]

Where is it that you actually want to end up?

[Yasser::Norske]

Where is it that you actually want to end up?

I want to end whereas my wife find a job in a better country...

I have another question, if my visa ended before I apply for the residence permit, would I be illegal in Europe? (I'm married to EU citizen of Poland).

[Directive/2004/38/EC]

Read this ruling carefully: http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/

[Yasser::Norske]

Read this ruling carefully: http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/

Thank you my friend for your helpful answers. We actually got a job offer for my wife which have accepted and she will register based on it..

But another problem poped out like usual, Registration decision will take up to 2 months! and my visa has no enough time for 2 months, What should we do?

[John]

We actually got a job offer for my wife which have accepted and she will register based on it.

Is that in Finland?

Registration decision will take up to 2 months! and my visa has no enough time for 2 months, What should we do?

So your wife will be exercising Treaty Rights as a Worker, that is, as an employed person. Accordingly you have a Treaty Right to live with her, and indeed to work. As soon as she has commenced work, you should apply for your Residence Card, and not worry if that is not granted before your current visa expires.

[Directive/2004/38/EC]

Read paragraph 28! http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/

Note that the visa you had was an ENTRY visa. All it is relevant for is ENTRY. If your wife is working, you can stay with her forever based solely on your family relationship. You can be required to apply for a RC, but only after you have been there for 3 months (which is a lot less than you have been there).

Tell them you want to work immediately and see if they can speed up the RC being issued. You technically have a right to work since you arrived in the country...

[Yasser::Norske]

Read paragraph 28! http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/

Note that the visa you had was an ENTRY visa. All it is relevant for is ENTRY. If your wife is working, you can stay with her forever based solely on your family relationship. You can be required to apply for a RC, but only after you have been there for 3 months (which is a lot less than you have been there).

Tell them you want to work immediately and see if they can speed up the RC being issued. You technically have a right to work since you arrived in the country...

Yes! It is in Finland. I read on the Finnish police web site that I can extend my visa (http://www.poliisi.fi/poliisi/home.nsf/ ... endocument Point no.5) My wife has told me that we have to go there and ask them for visa extension, is it possible or what we have to do? The immigrants officer told us that she have a lot of EU registration forms and it will take about 2 months to get a decision, we can't of course leave each other and I go back to Egypt and re-apply for the entry visa.. I think it will be good idea to show the police a copy of the directive 38/2004. I'm sorry for the long talks, but I'm so worry that I become illegal in Europe after my visa ends and before I apply for the residence permit..

Tell them you want to work immediately and see if they can speed up the RC being issued. You technically have a right to work since you arrived in the country...

I can't tell them, because they will suspect me marrying my wife to gain access to their welfare system (which of course not true, we have been together since 8 months ago - married since 4 months..)

[Directive/2004/38/EC]

You are now legally resident in Finland. If your EU wife is working and you are married, you will never ever become illegal.

You need to totally relax! You do not need to extend your visa. And you would be very foolish to leave Finland right now!

Apply for the Residence Card!

[Yasser::Norske]

You are now legally resident in Finland. If your EU wife is working and you are married, you will never ever become illegal.

You need to totally relax! You do not need to extend your visa. And you would be very foolish to leave Finland right now!

Apply for the Residence Card!

You are right, I have to relax!! I don't of course want to leave here, but you know becoming illegal here is like a prison..
To Apply for residence card, I need to have registration certificate of my wife, or can work contract be enough for her?

[86ti]

If you want to impress the police you better bring the Finnish Alien Act (English translation) with you. Your spouse will have to apply for a registration certificate within 3 months and you for the residence card.

[Directive/2004/38/EC]

http://eumovement.wordpress.com/eu-coun ... o-finland/ has links to the police and information about Residence Card applications. Take a look at that and then come back if you have more questions.

[Yasser::Norske]

http://eumovement.wordpress.com/eu-coun ... o-finland/ has links to the police and information about Residence Card applications. Take a look at that and then come back if you have more questions.

Hello dear cooperative! I really have reviewed the 'Directive/2004/38/EC' and I understood that the visa I currently have is 'ENTRY visa' I think it means entry to EU/EEA and it doesn't have connection with its period, I mean after it ends, I should be staying legally in the country where my EU spouse living and carrying our Marriage Certif.

I also had read on the 'Finish Police Alien Act' the following:

Section 161a (360/2007) - Applying for a residence card
(1) The application for a residence card
of a family member of an EU citizen must be
filed within three months of the date of entry.
(2) The following must be presented in
connection with the application for a
residence card:
1) a valid passport;
2) a document attesting to the existence of
a marriage or a registered partnership;
3) the registration certificate of the EU
citizen whom the applicant is accompanying
or joining.. EU citizens’ short-term residence - The provisions of subsection 1 also
apply to family members of EU citizens who
are not EU citizens and who hold a valid
passport. An EU citizen may reside in Finland
as a jobseeker for a reasonable time beyond
the three-month limit without registering his
or her right of residence if he or she
continues to look for employment

As you see, no mention to the visa requirement, they only mention the family relationship and the registration certificate. But I wonder, will I still be able to apply for residence card after the end of the validity of my visa (In case if my wife didn't started to work during the first 3 months, she is a jobseeker) In Immigration offices they insist that I must apply before it ends...