3

Background: My wife is Danish and I am a US Citizen. My wife moved to Sweden in August 2023 and I followed and applied for the Resident Permit under Swedish Migration advice. In September 2023 I applied for a Schengen Visa extension in Denmark and stayed with my sister in law. It wasn’t until December 2023 that I contacted a lawyer because I was suspicious I applied for the wrong permit and should have applied for a Resident Card as EU Spouse. Under legal guidance, In December 2023 we reapplied and retrieved my passport from the Danish Immigration. Once I received my passport I got a stamp that states I had to leave Denmark and Schengen by January 8th 2024.

I immediately contacted my lawyer and was told that as a spouse of an EU citizen that I can’t receive a travel ban as I live with my wife in Sweden and to contact Danish Immigration and report that. When I did, Danish Immigration had told me that since I left Denmark that only Swedish National Law applies to me but couldn’t tell me if I would receive a ban associated with my name and passport. I never received anything from Danish Immigration and my sister in law never received anything as she was my listed address on our application and didn’t think more of it as I was told that by my lawyer that I am fine.

My question is: Is it likely I received a travel ban? If i did receive one can i travel with my EU spouse in the EU? I don’t have a resident card yet but have our marriage certificate, Swedish ID and my passport which is valid until 2032. I have been trying to contact Denmark to get clarification but have no been able to get in touch and requested SIS information from Danish Police in September 2024 with no response.

Improve this question
6
  • It's not entirely clear when you were in Denmark and when you were in Sweden. There's also no such thing as a "Schengen visa extension" as far as I'm aware, so it's not clear what you applied for in Denmark. Can you add a timeline of your movements? Were you in Sweden in September 2023? If so, why did you apply for something in Denmark? Where does your sister in law live?
    – phoog
    Commented Oct 1 at 12:58
  • I applied for a visa extension past 90 days in Denmark and my sister in law lives in Denmark so during the process I was in denmark until January when i got my passport back from Danish Immigration and was in Sweden the same day.
    – Ashley
    Commented Oct 1 at 13:01
  • What was the basis of your application for a visa extension, and why were you applying for it in Denmark if you were planning to live in Sweden?
    – phoog
    Commented Oct 1 at 13:03
  • Because when I first applied to live in Sweden with my wife we didn’t know our rights and at the guidance of Swedish Migration Agency we applied for the “cohabiting visa” or sambo visa not the Resident Card of an EU spouse.
    – Ashley
    Commented Oct 1 at 13:05
  • So the Swedish agency told you to apply for an extension in Denmark? Or did they tell you to remain outside Sweden while your Swedish application was in process, which led you to seek permission to stay in Denmark?
    – phoog
    Commented Oct 1 at 13:08

1 Answer 1

Reset to default
1

Is it likely I received a travel ban?

I don't know how likely it is. If a ban was imposed, you should have received something telling you that you had a ban. Since you haven't received anything, there should be no ban. I would worry slightly that they might impose one if they learn that you didn't leave, but I don't think it's very likely.

Your lawyer is right that you don't need to comply with the stamp ordering you to leave, but it may be inconvenient if the Danish authorities continue to believe that you are bound by it. I don't know how you would be able to convince them, however.

If i did receive one can i travel with my EU spouse in the EU?

Yes.

If the ban is somehow imposed, you may have a basis for getting overturned, but if you cannot then your movements could in theory be restricted for travel without your wife. When traveling with your wife, or to join her, you would be covered by the free movement directive, and any travel ban should be irrelevant.

Improve this answer
9
  • I never received anything from Denmark other than a stamp in my passport saying to leave by January 8th.
    – Ashley
    Commented Oct 1 at 13:12
  • @Ashley ok I think I understand now. Why January 8th? Had you entered 90 days before that?
    – phoog
    Commented Oct 1 at 13:14
  • I entered August 1st 2023 so i should have left by October 23rd i believe but there was a 6 month wait time so we applied early and i got my passport back on January 2nd 2024 and they gave me 1 week to leave Denmark and the Area.
    – Ashley
    Commented Oct 1 at 13:20
  • I want to make it clear that I canceled my application in Denmark and it was not denied by them.
    – Ashley
    Commented Oct 1 at 13:22
  • @Ashley I see! I was confused about which year it was. Since all this happened 8 or 9 months ago, why are you asking now? Is there some trip you're thinking of taking? (It has been clear that you withdrew the application, and indeed given the circumstances of the withdrawal, it is odd that they told you to leave, but I suppose it's standard practice.)
    – phoog
    Commented Oct 1 at 13:23

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.