Dear customer,

I am sorry to hear about your desperate story!

Unfortunately, EU law provides the rule of mutual recognition of Members States' decisions about expulsion. This means that if you get expelled from one EU country you can not enter again the whole Schenghen area.

Directive 2001/40/EC applies this provision especially to expulsion decisions that - like yours - are based on serious and present threat to public order or to national security (such as a conviction for an offense punishable by a penalty involving deprivation of liberty of at least one year); and failure to comply with national rules on the entry or residence of aliens.

Nonetheless, Member States should ensure respect of human rights and fundamental liberties. As such, you might be admitted for special family reasons (i.e. in case of health problems of your children)...but this is not a general provision. Member States can adopt a case by case approach.

To know the case-law of each Member State - especially the one you would like to enter - I suggest you to contact the on-line consulting service of the European Union. It is completely free and it puts you in contact with a local lawyer who will help you further with your case. You can find this service at the website:

http://ec.europa.eu/citizensrights/front_end/enquiry/index_en.htm

I hope this helps. Please do not forget to RATE and ACCEPT my answer, so that I can get compensated for my time.

After you rate and accept it you are very welcome to do follow-up questions for free.

I wish you all the best,

Tiziana

Dear Breemer,

I am sorry you are not happy with my answer.I did not notice your wife was a EU citizen.

I also apologize for my belated answer, but I wasn't online.

Nonetheless, I still want to warn about the fact that also EU citizens and their family members can be limited in their right of entry and the right of residence on grounds of public policy, public security or public health.

Indeed, article 27 of directive 2004/38 (on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States)provides that Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of
public policy, public security or public health.

This is a just a possibility that each State has. If you want, you can tell me in which State you wish to go and I can try to research the case-law about this point for you.

I hope you find this more helpful.

Please let me know if you have any other follow-up question.

Best,

Tiziana

Dear Breemer,

Unfortunately, Switzerland is not part of the EU nor of the EEA (European Economic Area), as a consequence your wife would not enjoy there the rights she enjoys as an EU citizen and so would you.

As for Netherlands, you should know that non-EU family members of EU nationals always needs a visa to enter Netherlands.

Moreover, he/she must also register with the GBA (Municipal Personal Records Database/Gemeentelijke Basis Administratie - which is the government database which contains relevant personal information regarding residents in the Netherlands) to get a provisional residence permit.

In order to receive this provisional residence permit, and later, a residence permit, applicants must not constitute a risk to public order, national security or peace.

According to the information I have, a criminal conviction for a former stay in another EU country without the necessary documents is usually considered by Dutch authorities as a ground of limitation of freedom of movement for EU citizens and their family members.

I hope this helps and I would be grateful if you could rate and accept my answer.

I remain at your complete disposal should you need any further information.

Best,

Tiziana