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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I am a US citizen currently living in Ireland and

Resolved Question:

Hello, I am a US citizen currently living in Ireland and hold a 3-year GNIB card. My wife is an Irish Citizen and has just started a job working for a branch of the civilian UK government.


 


In 2012 I was refused entry while attempting to transit through London (on my way to Dublin). I had an adverse reaction between my medications and the free wine I drank on the flight; I got very sick and blacked-out due to the chemical reaction between the alcohol and medication ( I have since obtained a doctors letter explaining how the medication I was taking can react this way when too much alcohol is consumed. ). I was then held at the London airport, and then a detention facility over night because the Immigration officer decided to deny me entry on the basis "it would be conducive to the public good for me to be denied entry", even though I was only attempting to transit through London and I had no intentions of staying in England.


 


We are now starting the application process for the EEA Family permit. While reading through the UKBA website and all the information they provide with regards XXXXX XXXXX I came across this..


 


"S-EC.1.2. The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good."


 


This statement is almost exactly the same as the wording used in my refusal letter. I think my letter said something like " The secretary of state has decided it would be conducive to the public good to deny you leave to remain", but it looked like a standard paragraph used because I'm sure the secretary of state didn't personally read my file.


 


 Does this one incident bar me from ever living in the UK? I was never the subject of a deportation order, and I have successfully traveled in and out of the UK as a visitor since the incident.I'm wondering if I am reading into this the wrong way, or if this statement really does mean that you will be refused an EEA family permit if you were ever denied entry under those terms.


 


With regards XXXXX XXXXX character and financial status, I own my own business in the USA and this one incident is the only blemish on my "record" other then minor traffic tickets in the USA. I'm financially independent and my wife is a respected scientist in which she holds a PhD in her field.


 


Does the fact that I was granted 3 years permission to live and work in Ireland help my case? (this permission was granted after the incident).


 


I was wondering if you could provide me with any clarification on this matter.

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Did they tell you why they considered that it would not be conducive to the public good to give you entry?

Tom
Customer: replied 1 year ago.

Well I had apparently caused a scene on the flight; including getting sick and appearing heavily intoxicated. I was initially detained by UK Police until a doctor could examine me and determine if I was ok medically. Once I was examine and deemed healthy, I was returned to London Heathrow and detained by UKBA.


 


I presume that UKBA considered my apparent behavior (public drunkenness and "problem causing" while on the airplane) to be the reason why I should not be allowed to transit through London Heathrow.


 


I have looked through the paperwork and the only reason I can find is this "You have asked for leave to enter the United Kingdom as a transit visitor, but for information available to me, it seems right for me to refuse you leave to enter the United Kingdom on the grounds that exclusion from the United Kingdom is conducive to the public good"


 


Is this reasoning a big problem? Will it severely hinder our efforts to obtain permission to join my wife in England?


 


 


 


 


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Ultimately, this is not going to be too difficult to get around.

The reason that you have cited is the catch-all ground that they use when they choose not to admit a person to the UK. Doubtless it was because (to the untrained eye) you appeared to be inebriated.

Your rights as a non-EEA spouse of an EEA national to obtain a family permit to settle here with your spouse are considerable. Even so, I would recommend that you attend a local solicitor to execute a statutory declaration or affidavit explaining the mitigating circumstances behind the episode.

This statement should strongly rely on the doctor’s letter that you have indicated the contributory factor of the medication that you were on and that this was determinative in your states. You shodul explain that you do not have a problem with alcohol and also get persons of authority that have known you for a couple of years to say that you are of good character to the best of their knowledge.

If you do this then they are not likely to refuse your family permit unless you have a criminal background.

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Kind regards,


Tom
Customer: replied 1 year ago.

Thank you for the information. Can I add to my question so that I can be completely clear in my understanding of the laws.


 


You said "Your rights as non-EEA spouse of an EEA national...are considerable" ....


 


My wife also holds a british passport because one of her parents was born in Northern Ireland. Are my rights as a spouse of a british citizen better then that of an EEA National? What I mean is, would they look more or less favorably at an application concerning a british citizen and their spouse vs a EEA national and their spouse?


 


This is the only other information I require. I found this service extremely helpful and will rate it as such as soon as I hear back. Thanks.

Expert:  Thomas replied 1 year ago.
Hi

You said your wife is an Irish citizen, does she have dual nationality (UK and Irish) or do you mean she holds a Northern Ireland (ie. UK) passport?

Tom
Customer: replied 1 year ago.

She has dual nationality.

Expert:  Thomas replied 1 year ago.
Hi,

The rights are, broadly, the same.

There are two routes by which you would be eligible. A family permit (eea rights on her Irish citizenship) and a spouse visa (based on her UK citizenship).

The refusal of entry should be able to be circumvented in the above way. HOwever, the eligilbility criteria for spouse visas is (somewhat oc**ter intuitively) more restrictive in terms of criteria than an eea family permit:-
http://www.bia.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

Please remember to rate my answer.

Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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