- I was told that an over stay ban takes priority over any other consideration
Who told you this? They're wrong. Rights under the free movement directive take priority over the restrictions of the Schengen codes and national law.
On the Norwegian Immigration's website ie UDI, It stated that people with BAN and schengen alert can not enjoy free movement right treaty
I think I see what you are talking about. For example, the page for Residence card for family members of EU/EEA nationals says
You must not be subject to a prohibition against entry to Norway or Schengen.
I believe this is likely the result of a misinterpretation of the Schengen Borders Code, which says at Article 6(1)(d)
- For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:
...
(d) they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry;
This is not as straightforward as it seems, because there is a counterintuitive definition of "third-country national" at article 2(6):
- ‘third-country national’ means any person who is not a Union citizen within the meaning of Article 20(1) TFEU and who is not covered by point 5 of this Article;
Article 2(5) reads
- ‘persons enjoying the right of free movement under Union law’ means:
(a) Union citizens within the meaning of Article 20(1) TFEU, and third-country nationals who are members of the family of a Union citizen exercising his or her right to free movement to whom Directive 2004/38/EC of the European Parliament and of the Council ( 1 ) applies;
(b) third-country nationals and their family members, whatever their nationality, who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens;
Thus, when you are traveling with your EU-citizen husband, Article 6 does not apply to you and your entry ban, which would otherwise require you to be excluded under article 6(1)(d), is irrelevant.
Instead, the law governing your admission is the free movement directive.
The problem, then, is to get the Norwegian authorities to recognize this. Since their interpretation is very formally expressed on their website and through the administrative procedures detailed there, this seems unlikely without a lawyer and possibly a court. Without hiring a lawyer, you can do one or both of the following:
- complain that the information on the website is inconsistent with EU law and ask them to justify the inconsistency.
- request clarification on the policy through Your Europe Advice
- if your nationality requires you to apply for a visa, you can submit the application so you have a formal refusal in hand.
Once you have a formal statement of the policy, preferably citing the legal basis of the policy, you can try taking it to SOLVIT. If that doesn't work, you'll probably need a lawyer or to choose a different country.
I just noticed your comment from July 23rd on a deleted answer:
Thank you all for always being there. If I may ask, do they have the right to come and grab me and put me forcefully on the next flight?. The question ,may sound stupid, please I just need help with your input.
They always have that right under some circumstances, but as the spouse of an EU citizen, you can't be expelled from an EU country if you are there with your spouse, unless the authorities of the country find that you are a serious threat to public safety, public health, or public policy. The requisite seriousness is such that this is essentially inapplicable to almost everyone. Even a person who has been convicted of a serious crime must be shown to be a present risk to public safety; the past conviction on its own is insufficient to justify the finding.
So, assuming that you are in the large majority of people who cannot be expelled under the free movement directive, you would only be expelled if the authorities challenge the applicability of the directive in your case. For example, user Relaxed has noted the possibility that they would not recognize your marriage. This is probably unlikely, but it does happen.
