# stuck in limbo



## canuck_gr (May 18, 2011)

I am a canadian living here in greece married to a greek citizen since 1999. I have made the stupid mistake of not renewing my 5 year working visa. There are several factors that led to this however I wont go into those details. When I went to renew the authorities told me that I would have to start the process from the beginning again. They are asking for copies of my passport and entry visa and this is where the problem lies.

As i have not left for 2 years and have a new passport issued to me from the canadian embassy I have no entry stamp to satisfy the authorities. We were advised that I must return to canada and re enter greece with the valid visa stamp. I am afraid that when i go to leave i will be fined and banned from entering schengen as i have overstayed. The only idea that we can come up with is to travel together with my wife and marriage documents to escape a ban and return to greece to start the proper procedure again. I do believe that my wife has the right to live with her spouse in any EU country.

can anyone advise if traveling together with our marriage documents would be acceptable so as not to be banned from schengen (if there is a fine i can accept that)???????


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## wka (Sep 18, 2009)

I think you should consult a lawyer. I'm American married to a Greek and just based on what I've learned in my own case, I think your case warrants some professional advising. Your wife does have the right to her spouse living with her but that presupposes that you follow the laws in the country in which you reside. If you are given a fine (or ban, although I think that would be unlikely), I believe it will not be a fine for being illegally in Greece per se, but for having violated the law as regards your visa and permit situation, which is fair, since you did violate them. I don't know if anyone else on here is going to be able to advise you much further; most members are EU citizens so those of us who have to deal with this are very few. Good luck. I can tell you that I have applied for my first 5 yr permit and the application was complete as of August 2010 and there has been no progress since then (no interview or anything). So don't be expecting a quick process once you do get it under way either, not that that's of great concern to you now, just saying.


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## Espiritu (Jul 10, 2010)

Consult with your lawyer, but if you do end up needing to return to Canada and re-enter Greece, it is best to get a non-direct flight, avoiding Greek customs. There are no checks in Athens, if you are going to another EU country.

I was in a similar situation. I too had a new passport with no entry stamp. I ended up having to leave and re-enter Greece to get a new entry stamp (I am an American married to a Greek citizen). I took a flight leaving and returning from Athens, with a stop-over in Amsterdam. I went through passport control in Amsterdam both ways with no problems. 

When I returned to Greece we were able to take my passport with the new entry stamp and apply for the residence permit.


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