Hello Sir/Madam, I would like your help with a EU Law question however English is not my first language so please forgive me for any spelling mistake or bad grammar.I am the husband of a British wife, I got deported from the united kingdom in 2007 for entering the united kingdom illegally. I must point out though that when i got deported i was not married to her then, we only got married last year in my country. the problem i am having is that in 2003 i enter England, claim asylum at airport and this was refused in 2005, and in that same year i went home voluntarily to re-apply for a visa to rejoin my daughter who is also a British citizen. this visa application was refused and out of desperation i traveled to France, in 2006, on my own passport. Once in France I claim asylum and whiles this application was processing i bought a genuine passport from a friend who look just like me, i used this passport to enter England, in 2006, whilst in England, i kept myself out of trouble and was staying at home with my child however i was finally caught in 2009, and sent to jail for 12 months where i did 6 months and then deported back to my country. in 2010 i went to Denmark on my own passport and claim asylum again out of desperation to see my child whom i have not seen since 2009. foolishly i tried again to enter England once more this time using a friend ID card, i got caught in France and I ask them to send me home and i went home then my long term girlfriend come and married me in my home country......Question 1) will the fact that i got deported from England, hamper me from getting visa as EU family member to live in another EU member state with my wife?Question 2) will the fact that i was sent home again from another EU member state again for the use of on ID card.....will it have a empact on my new visa application?Question 3) i was told that if i turn up in lets say germany without a visa they will not send me back home as long as i can prove that am the spouse of a Union citizen is this true?? Thanks in advance for your reply.
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:
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Hello Tiziana, thanks for your reply, however the question I am asking is base on my marriage to a British Citizen and the fact that we are planing on living in another EU state other then England where she will be practicing her Treaty rights....thanks
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Hi,Do you still require assistance with this question?Many thanks,
Yes Sir i still need assistance with me questionthank you
Hi,I note that you have asked three questions and I will aim to respond to these individually:Question 1) will the fact that i got deported from England, hamper me from getting visa as EU family member to live in another EU member state with my wife? The General Grounds of Refusal under Rule 320 of the Immigration Rules do not apply to Family Applicants, therefore, it should not make a difference to your EEA Family Permit or Spouse Visa Application.Question 2) will the fact that i was sent home again from another EU member state again for the use of on ID card.....will it have a impact on my new visa application?Again, this is covered in the general grounds of refusal which do not apply to Family Applicants. Therefore, it should not impact on your application for Entry Clearance to the UK.Question 3) i was told that if i turn up in lets say Germany without a visa they will not send me back home as long as i can prove that am the spouse of a Union citizen is this true?? Yes, this is correct. As the Spouse of an EEA National, you would have the right to travel freely between Member States without any hindrance.I hope this answers your questions. If so, kindly rate the answer and provide feedback.Many thanks,
Solicitor-Advocate. UK Practising Certificate issued by SRA.
hello INC, thanks for your reply ...the fallow up question i have is can you give reference as to which EU country (Immigration Rule 320 of the Immigration Rules)you reffed apples? i am not thinking of traveling to the UK and therefore my question was directed to the other EU member states.
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 ofpublic 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
Thanks for your reply........my wife and I are planing on ether Switzerland or Holland.......also like to know if I enter one of these country without a visa if i will be detain at the port of entry....Thanks
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
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