6

I went to Italy in March 2016, met my boyfriend and, 90 days after I entered, I went back to my country (Mauritius).

In September 2016, I came back to Italy to be with my boyfriend and have not left. Right now, I have overstayed for 5 months.

I bought a one-way ticket to go back to my country. Will the officers stop me, do I have to pay a fee, or will they stamp a ban on my passport?

If they do nothing, when can I come back again visa-free (90 days). Will I need an invitation letter?

What if, when I go back to Mauritius, I marry my boyfriend there. Will I be able to enter like an EU citizen spouse or am I still forbidden entry?

Improve this question
4
  • 5
    Yes you will be stopped and fined and/or banned. Yes you will need visa. Yes if you marry him you can come as spouse'. – user57303 May 27 '17 at 10:36
  • 2
    @Phantom that's an answer, you can tart it up and write it as such. Please ping me if you do so I can vote, thanks. – Gayot Fow May 27 '17 at 11:07
  • 1
    Your relationship with your boyfriend may already qualify you for freedom of movement under EU law. That freedom of movement extends to "the partner with whom the EU citizen has a durable relationship, duly attested" (from memory, so maybe slightly off). Whether a relationship qualifies, however, is determined by national law, and I do not know how Italy handles it. (I also do not know the facts of your relationship, of course.) EU law normally does not apply to EU citizens in their own countries, but Italy has extended the conditions of EU laws to its' citizens families. – phoog May 27 '17 at 19:29
  • 1
    see travel.stackexchange.com/questions/21596/… – Augustine of Hippo May 27 '17 at 19:49
4

Unless you are a recognized family member as defined by the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, you are subject to the rules of a Schengen visa.

Family member: this covers, for instance, the spouse, a partner in a registered partnership with an EU citizen and direct descendants under the age of 21.

Repurposing the answer from What is the penalty for exceeding the 90 day limit in Rome on an US passport:

The immigration officer has great deal of discretion concerning penalties for the overstay, and may:

  • let you go with a stern warning (but given the circumstances, and the alarm over illegal immigration to Italy, unlikely)

  • impose a fine of several hundred euros

  • flag your passport, making it difficult to obtain visas in the future

  • ban your altogether for a period of years— not just from Italy, but maybe from all the countries in the entire Schengen area

If they do nothing, when can I come back again on a tourist visa (90 days). Will I need an invitation letter?

Mauritians don't need visas so you can return, not guaranteed though. Take note of that. You will definitely need an invitation and other proof of strong ties to your home country.

What if, when I go back to Mauritius, I marry my boyfriend there. Will I be able to enter like an EU citizen spouse or am I still forbidden entry?

Yes you will be allowed

Improve this answer
4
  • A source might help to allay fears a reader might have on the final marriage question, though it seems reasonably straightforward law. – JeopardyTempest May 28 '17 at 9:23
  • 1
    @JeopardyTempest I believe the European Parliament directive I quoted and linked in the first paragraph covers that. – Augustine of Hippo May 28 '17 at 10:22
  • Mauritians don't need visas, but once the ban's lifted, Op will likely require lots of documentation at the border – Crazydre May 28 '17 at 18:21
  • @Crazydre Noted and updated. – Augustine of Hippo May 28 '17 at 21:46

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

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