I'm an EU citizen, my fiancee got a Schengen tourist visa valid for 14 days (she's not resident in the same country as me). We plan to marry very soon (in the next month, we have been planning this since the end of April).
We currently have a choice of 3 different countries:
- my birth country (Italy)
- the country for which she has a Schengen visa (country B)
- a non-Schengen country (probably Turkey, in which she can remain visa-free for 60 days)
My concerns/constraints are several:
- will her travel be allowed? (I opened a separate question for this)
- will we manage to marry before her visa will expire?
- how should we handle her right to stay in the country afterwards?
I already looked up information (in Italian) that assuages our concerns re #2:
Basically, even if her visa will expire, as long as we started the process for marrying in Italy, she should be allowed to stay/not be fined. Of course, we already got our respective Certificate of No Impediment, and already gave notice to some authorities, but depending on where the marriage will happen, the same documents might not suffice (a different process should be started, which can incur a waiting period of at least 12 days, which make the 14 days duration a bit tight).
This leaves only concern #3.
There are 3 different ways to get clearance for entry:
- Get more Schengen visas
- Get a residence permit ( "EC Long-Term Residence Permit" See instructions 1 and 2)
- YOLO: show up at the border without a visa/permit
their application should be processed quickly and free of charge
But according to https://vistoperitalia.esteri.it/home/en#BMQuestionario
When selecting "tourism - visit to family / friends" or "family reasons" the visa application would still be charged 35 euro (or not be possible at all). On top of that, the visa would be issued
within 15 days (but without guarantee), which would make all travel for us a bit inconvenient... and of course it would not allow stays for longer than 90 days (not sure which visa would allow).
Thus, the residence permit seem like the preferrable approach. Usually it would not be granted if country is the same as the partner's citizenship, but apparently it's fine for Italy.
I don't foresee becoming a resident of country B, so even in the case of getting married there, we'd still travel to Italy to apply for her residence permit (in which case, it feels like getting married in country B would be premature).
The only unclear thing for me is: There are a few circumstances after which she won't use again the residence permit (and will likely have to apply for a Schengen visa again), some more or less likely:
- I might lose Italian citizenship
- The relationship might break down
- We might be resident abroad outside the EU, and not travel back to Italy in 6 months (or 12, even allowing for maternity exceptions)
In which case, as described in this other answer, my fiancee would find herself with an entry stamp in her passport, but no exit stamp.
So, ultimately, even by having a residence permit in the years in between, wouldn't she risk been seen as having overstayed the original tourist visa?
Would the information that she held a residency permit be recorded and available by other Schengen countries? Would she have to provide the (expired?) permit when applying for new visas?
When would the residency permit be valid from? As from concern #2, if there's a period between the end of her current tourist visa and the wedding/residence permit application, could this count as negative travel history when applying for future applications?
To avoid this, maybe (right after the wedding), it would be better to leave the country and re-enter right away (the "YOLO" option) with a non-tourist visa, for example by crossing into Croatia (which is currently not Schengen), and then right back into Slovenia? (I understand that with an Italian marriage certificate, and me also being present with her, the approval would be quite straightforward... of course the idea is a bit unappealing, also because she already got a visa for Italy rejected in the past).
Applying for another visa would obviously not be doable (since her current visa would still be valid, and she would still be in the country), so the YOLO option would give us more time for the residency permit application to be processed (but how long would the visa be valid for in this case? 90 days?)
Getting married in Italy is preferable both because I have family there, and because it would simplify bureaucracy for future visits (no need for the marriage certificate to be translated).
I'm probably overthinking it, but what do you think we should do to avoid any issues? Is getting married in Italy the way forward?