A friend of mine travelled to France on a Schengen Visa as she was already pregnant to a French national. They plan to marry but are having problems with the relevant paperwork, including having the paperwork translated into French. The baby is due in March and the Schengen visa expires in February. Can the Schengen visa be extended on the grounds of the late stage of pregnancy? Can they get married in France under these circumstances, in other words, can she be granted a Temporary Resident's Permit without leaving France?
This is a very nuanced question and I don't think anybody here is going to be qualified enough to answer it definitively. According to the French government, under no circumstances should a person stay past the expiration of their 90 day visitor visa. If they are forced to do so, by "an act of god":
Consequently, if you consider that you are obliged to extend your stay in France after your visa has expired for reasons of force majeure, you must, before the date of expiry of your visa:
submit an application for “prolongation de visa” (visa extension) with documentary evidence to the prefectural authority in your location;
comply with the decision taken by the prefectural authority.
But it is unclear whether a late stage pregnancy would be considered 'force majeure' in this situation. Especially since she presumably knew about her pregnancy before coming for the visit.
How are they having problems with this process? It is a pain to get things translated into French, but should just take one trip to the apostille/transducteur.
Your friend should do three things:
1) Go immediately to OFII. I'd say to call them, but it's extremely difficult to actually get them on the phone. They can expect to stand outside for a long time, which won't be fun for a pregnant partner, but I think a face-to-face conversation is necessary. Have her bring her partner for translation and support purposes. This is not the time to delay, and not the time to mess around. Find out if this situation could constitute some kind of extenuating circumstance. Ask what to do.
2) Your friend should not illegally overstay. She could end up with a bad mark on her record, even with the situation, and it could affect her ability to see her husband and the father of her son. That isn't good.
3) Go to the Traducteur Assermenté, just get everything translated. It's expensive, but it's less expensive than a trip home. Here's a list of the ones in Paris. Google will tell you about other places.
protected by phoog Oct 30 at 15:08
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