sra wrote: ↑Thu Jun 17, 2021 6:56 pm
I agree it is the most reasonable course of action to just go and re-apply for a RP in country B.
Not RP, in country B you can both register your EU right of residence.
sra wrote: ↑Thu Jun 17, 2021 6:56 pm
But, although I have received some assurance that we will be able to enter another EU country despite the visa-free period being exceeded, I am still nervous.
Is it possible we will end up in a situation where he 1) leaves Finland with a certificate of pending application 2) gets rejected at the next EU country's border, despite being a family member of me (Finnish citizen) and having overstayed the 90 days legally (because of the pending application), and then 3) is unable to re-renter Finland and has to leave Schengen because of all this?
You didn't mention before that your spouse entered Finland again after leaving.
The concern about potential practical problems is valid.
sra wrote: ↑Thu Jun 17, 2021 6:56 pm
I would be willing to commute between countries just to avoid this awful ordeal.
When borders close again in autumn due to COVID, will country B let you enter when you are not a citizen and not a resident of that country?
There are also other potential problems like your university or landlord in country B asking for a registration you cannot yet do.
The proper way without risking accidental breaking of laws is to figure out how you can both move from Finland to country B instead of trying such residence tricks.
sra wrote: ↑Thu Jun 17, 2021 6:56 pm
The migri site mentions an applicant can exit Schengen (i.e. go to Russia) and come back to Finland with the pending application certificate - but going for an extra trip to Russia during COVID and maybe get stuck there would serve no useful purpose for us.
I don't see how a trip to Russia would make any difference, unless your spouse stays there for at least 90 days.
sra wrote: ↑Thu Jun 17, 2021 6:56 pm
It does not say anything about leaving Finland and going to another EU country with pending application status. I have called migri and they cannot make me any wiser on this question either....
Travelling as a tourist would not be permitted, but your spouse has the right to move with you to country B.
You have to ask the border guard of country B how this is being handled in practice.