Post
by sheshe123 » Sun Apr 27, 2014 1:01 pm
Hello everybody, I'd appreciated if you could read my post and give me any information about this issue which is causing me a lot of worry. I've read many other posts related to the subject as well as all the relevant EEA documents, but I'm still very confused and not sure on how to act.
This is my situation: I am an EU national (Hungarian) and my husband is non-EU. He has been accepted into a postgraduate program in the UK, and we want to apply for an EEA family permit for him, because we realized that the process is much easier than student visa application. The thing is, he has an old criminal record. It is 1 charge for drugs misuse 11 years ago, and he did not get any time in prison for that. According to our country laws, this considered an old conviction and would be disregarded in any formal matter.
My husband had done absolutely nothing even slightly illegal since then (not even a driving ticket) and he is a college graduate with a good job etc. My questions are:
1. what is the probability that his application will be refused because of this old conviction?
2. I understand that the EEA FP is valid for 6 month and after that you should apply for a residence card, but I've also read in some places that there is no obligation to apply for a RC, only that it helps to prove your right to live in the UK. Does that mean that once his 6 month passed, he can just stay in the UK without a RC?
3. Assuming he'll get the EEA FP (fingers-crossed) despite of his criminal record, is there any chance they would regard the record differently when he applies for the residence card and refuse his application even though they have approved it in the past?
I know it's a lot of question, but I am very worried and confused.
Thank you so much for your time and i'd appreciate any help.