Traveling without a Resident Permit
Dec 16th, 2013, 07:28 AM
#1
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Traveling without a Resident Permit
So I realize that may people are out there trying to evade the law and then come on here asking for the best ways to do so. Let me just say, THIS IS NOT ONE OF THOSE CASES!! I am an American who has recently married a British citizen and we are living in France near Geneva. I arrive in France at the beginning of September and shortly after that sent my documents and paperwork to the prefecture as advised by the French consulate before I left the States. Now here is where it gets concerning. I did my research and realized that it would take some time to get my permit and tried to get this done ASAP. However, the prefecture has sent back my things twice asking for things that weren't originally in my lists and my 3 months free stay is up. Now this usually wouldn't be an issue because I would usually stay put until my permit came in. But now the holiday season is upon us and my husband and I want to go home for Christmas. HERE is my concern. Since I don't have my permit and my free stay time is expired, will I be punished even though I have followed all the laws? Or will I just not get to see family for the holidays? Do I have options? If I bring all our documents and thugs with us will that be enough?
Anything will help! Thanks
Anything will help! Thanks
Dec 16th, 2013, 07:41 AM
#3
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Bring your 'thugs' with you? I suppose it might help if physical intimidation seems likely. ;-)
First, you don't say which 'home' you are referring to. Since your husband is a Brit I would have to assume that like all good wifes who know their place 2 steps behind their husband, you are referring to his home.
OK, you should be able to leave France without a problem. Since you have only been in France and can show documentation regarding your application (take copies to the airport with you just in case you are questioned). Most likely, you won't even be asked about anything.
On returning to France, it is a new entry so theoretically, you are good for another 90 days as a tourist. If the computer spits out your name as having overstayed your last 90 days, again showing copies of your application should be acceptable.
You aren't really trying to break any laws and that is what they are looking for. Of course this ALL pre-supposed that you have not been working while in France.
Disclaimer: As always, any free advice you get from an online forum is worth exactly what you pay for it. If you aren't willing to risk that advice being incorrect, you should PAY someone with expertise (a French lawyer who specializes in Immmigration Law) for legal advice.
First, you don't say which 'home' you are referring to. Since your husband is a Brit I would have to assume that like all good wifes who know their place 2 steps behind their husband, you are referring to his home.
OK, you should be able to leave France without a problem. Since you have only been in France and can show documentation regarding your application (take copies to the airport with you just in case you are questioned). Most likely, you won't even be asked about anything.
On returning to France, it is a new entry so theoretically, you are good for another 90 days as a tourist. If the computer spits out your name as having overstayed your last 90 days, again showing copies of your application should be acceptable.
You aren't really trying to break any laws and that is what they are looking for. Of course this ALL pre-supposed that you have not been working while in France.
Disclaimer: As always, any free advice you get from an online forum is worth exactly what you pay for it. If you aren't willing to risk that advice being incorrect, you should PAY someone with expertise (a French lawyer who specializes in Immmigration Law) for legal advice.
Dec 16th, 2013, 07:51 AM
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I imagine that in France and Switzerland, the English-language expatriate websites are dominated by Europeans, who don't have your problem.
But, if you fight through the sites for long enough, you're bound to find a non-European who's had this happen. If your husband's working for Nestle, CERN, the WTO or a similar organisation that relies on frontaliers, he'll have colleagues with spouses similarly embarrassed, and you're bound to have someone who's been through this living near you.
But, if you fight through the sites for long enough, you're bound to find a non-European who's had this happen. If your husband's working for Nestle, CERN, the WTO or a similar organisation that relies on frontaliers, he'll have colleagues with spouses similarly embarrassed, and you're bound to have someone who's been through this living near you.
Dec 16th, 2013, 10:03 AM
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<< it is a new entry so theoretically, you are good for another 90 days as a tourist.>>
But wouldn't she have to have been out of the Schengen Zone for 90 days? Most holiday visits aren't for 3 months.
But wouldn't she have to have been out of the Schengen Zone for 90 days? Most holiday visits aren't for 3 months.
Dec 16th, 2013, 10:56 AM
#6
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It used to be, and is perhaps still the case, that a <i>récipicé</i> would be issued by the préfecture or even the commissariat the police if that is where the paper work was filed which would satisfy your temporary legal status to be in France.
Dec 16th, 2013, 11:04 AM
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As a US citizen, a non-visa national, you are unlikely to have any trouble travelling internationally.
It will become an issue if you want to open a bank account, sign up for state health scheme or register a car, where you will be refused unless you can produce your titre de séjour. Just carry the receipt in case you are asked to show evidence of having applied.
It will become an issue if you want to open a bank account, sign up for state health scheme or register a car, where you will be refused unless you can produce your titre de séjour. Just carry the receipt in case you are asked to show evidence of having applied.
