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I'm a Moroccan citizen. I got a 5-year entry ban from the Swedish authorities back in 2015.

In 2018, I married my Irish wife. She lives and works in France. We want to live together in France. Do I have to wait until the ban expires before I ask for a visa? The Swedish entry ban will expire in 2020.

Note: A ban from Sweden is relevant to getting a visa from France because both are in the Schengen area.

  • It was a criminal convection 10 months prisonment.and the Irish authorities accepted our marriage – Sunny Aug 14 '18 at 13:44
  • Whether the Irish authorities accepted your marriage is not particularly important; the marriage must be accepted by the French authorities. (For example, the Irish authorities could have accepted your marriage without looking into the question of whether you entered into it for the purpose of evading a ban in the Schengen area, but France may want to investigate that question, and under the directive, they may). – phoog Aug 15 '18 at 15:37
  • I don't know what will happen.if they do not accept it. Than we don't have a choice than my wife she will go back to Ireland finding a job she have a haus in Ireland we will do everything to be together. She holds both nationalities Irish British my We have some other options? – Sunny Aug 15 '18 at 17:51
  • If they do not accept it, you can appeal their decision. Instead of worrying about that now, though, you should probably focus your efforts on applying for a visa. – phoog Aug 16 '18 at 13:05
  • Haw to get my marriage accepted by the France authorities? – Sunny Sep 12 '18 at 20:55
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It depends on the reason for your ban (and on whether the French authorities accept your marriage as genuine, but let us assume that they do).

Under the freedom of movement directive, as the spouse of an EU citizen, you can only be denied entry to (or residence in) France if you are a threat to public safety, public health, or public policy. If your ban is based on one of these considerations, France could exclude you for the same reason.

On the other hand, if your ban was the result of an immigration violation, or even a criminal conviction that does not imply a threat to public safety, France cannot use the ban or the underlying reason to restrict your freedom of movement.

  • Of course, if the ban was for an immigration violation, France might be very suspicious of the validity of the marriage. – Martin Bonner Aug 14 '18 at 5:33
  • @MartinBonner that's certainly true, and probably true regardless of the reason of the ban, since a desire to overcome any ban could motivate someone to marry an EU citizen. The level of proof needed to establish the legitimacy of the relationship might therefore be higher as a practical matter, or even perhaps as a legal matter. – phoog Aug 15 '18 at 15:34
  • @Sunny if you have a question about how to get your marriage certificate accepted by the French authorities, you should post it separately as a new question. – phoog Sep 12 '18 at 17:03

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