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Discussion Starter · #1 ·
Hi,


Thanks for reading. I am working in Holland and my non Eu wife is here on a 90 day Schengen visa. We have just found out that we have to get her documents apostiled in her home country and then checked by the Dutch Embassy in that country. This is going to take weeks before we get the documents back so that we can apply for the residence visa for her.

I am worried: What happens when her 90 day visa runs out and we are still waiting for her residence visa?

We are already delayed because she was sick when we moved over a few weeks ago and we are only getting around to applying now. Her 90 day Schengen visa expires in the first week of August - Just over two months from now. It will take at least two weeks for the docs to get to Asia and back....
 

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You are Irish not? Then you should still be alright even if the paperwork does not get back in time as per MRAX ruling the non-EU spouse won't be illegal if you are legally staying in an other EU/EEA country. Just as striclty speaking legalisation is not required IF the authorities do not question the authenticity of the marriage documents. Just to make sure legalisation is asked by default so it would be best to get the appostille sorted out. If you really run out of time it might be wise to contact an immigration lawyer.
 
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