As I said, overstaying is not an issue of public policy, public health or public security, so the non-EU family members of EU citizens cannot be excluded from entering the UK. In the Home Office's
own words:
8.3 Deportation orders made on other grounds
It may be the case that a person was previously deported on grounds OTHER THAN public policy or public security, at a time when he was neither an EEA national nor the family member of an EEA national, but he has since acquired a right of residence in the United Kingdom under EC law. Examples of reasons for deportation on NON public policy or NON public security grounds could include the following:-
• Overstaying
• Failure to observe a condition attached to the limited leave
• Obtaining leave to remain by deception
• Under section 3(5)(b) of the 1971 Act on the basis of being the family member of a person who was deported
It might also be the case that the person’s deportation was deemed to be conducive to the public good (section 3(5)(a) of the 1971 Act) but the considerations applied were not directly comparable to public policy or public security considerations under EC law.
It will be important to review the reasons for which the extant deportation order was originally made and enforced. Unless it was made on grounds of public policy or public security which still apply and which satisfy the terms of the Directive, the existing deportation order should be revoked (see paragraph 9).
