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. Already Tried: Notting
HiThanks for your question. Your right to be an an eea country depends on the fact that your eea wife is with you when you travel to the country or is already in the country (it is best to travel together though). If this is not the case then you would not be permitted to enter any eea country. The fact that you have breach the immigration rules once in the UK and once by attempting to enter another EEA country on a ID card that is not yours is very serious. EEA countries are permitted to refuse entry to persons that they consider to be a public interest risk. This means that if they consider that you may commit a crime or there may be further breaches of the country’s immigration rules then they may attempt to reject your entry. The fact that there are two incidences of this behaviour is really not helpful because it could be argued thatIf you have been deported from one eea country then they other eea countries are permitted to refuse you entry because of this. Whether you would be permitted entry would depend on how the immigration authority in that country considers that your human right to a family and private life overrides your previous immigration history. I have to say that it’s going to be very difficult but I would start by researching which of the eea countries are the most tolerant in this regard, but you have to accept that because ofyour previous reckless behaviour that it’s going to be a long battle.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
thanks for your reply....however i was told that if i turn up in lets say France 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?? or will i be detain at the port of entry??once again thanks for your reply........
Hi, No. With most countries you have to apply for their equivalent of a Uk Family Permit before you travel. This confrims that you are married to an EEA national and that either the EEA national is in the country you are travelling to (eg. France) or that they will travel with you and remain in the country whilst you are there exercising their own treat rights. The only possible way that you may (MAY) be granted entry to France is if you can prove that your wife is in France and that you are married to her. However, you would still probably be refused entry if you didn;t make an application before you travelled for the reasons cited above. You would be returned to the country where you came from following a short detention if you were not granted entry.Kind regards,Tom
seems like am doom then Tom??
You are in a difficult position. Any application you make to come either in the UK or to a different eea country should be prepared by a lawyer practising in that country. With this you have a chance, so you are not doomed in that sense but you must be prepared to spend a bit of money on a lawyer, be resilient and determined. Kind regards,Tom
UK based Immigration Solicitor
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