EEA FP & criminal record

[sheshe123]

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.

[Amber]

Given the lapsed period since conviction I can't see this being an issue. It must be declared where a question asks about previous convictions.

[dalebutt]

The crime was not committed in the UK, and so will not affect his application for a family permit, because there is no way the visa office will be aware of it.

If the crime was committed in the UK, whether it will affect his application is another matter, in any case it is not going to cause him any problem. He should not bother disclosing the details on the application form.

[Amber]

Bad advice! You must declare convictions in the UK and overseas. It may be a criminal offence under Section 26(1)(c) of the Immigration Act 1971 not to do so.

[dalebutt]

A non custodial sentence, 11 years ago is well over rehabilitation period, no need for disclosure, were this to be in the UK, it will never be present on the applicant's CRB, the applicant cannot be accussed of witholding the information in situation like this.

[sheshe123]

Thank you so much for your helpful replies!
They were very encouraging. I believe we would declare the conviction as we intend to stay in the UK and don't want to start with a lie, or take the risk of them somehow finding out.

Does anyone have any information regarding my 2 other questions? What I actually want to know (I realized that after doing a bit more reading) is if the EEA residence card for 5 years is also issued under the european law rather then the british law, because if it does then I believe they won't refuse him after already being granted the FP. Am I correct?

[dalebutt]

Nobody has adviced you to start with a lie, it is against the board policy to advise anyone to lie about their application I believe, everything that has been said is legal to the best of my knowledge , of course what you do is entirely up to you. Good luck with your FP application, and your subsequent RC.

[Amber]

The Rehabilitation of Offenders Act is not applicable for immigration or nationality applications (s140 Legal Aid, Sentencing and Punishment of Offenders Act 2012). Therefore, the fact that a conviction is 'spent' is immaterial. Deception towards an EC/UKVI Officer is not a wise practice.

Disclosure of any conviction in the UK or abroad whether spent or not is required. It is only serious offences that would generally lead to a refusal under EEA routes.

[dalebutt]

It is not a deception, you seem to be conveniently ignoring the fact that this is an EEA application, declaring this particular crime is as trvial as not declaring it, this is immaterial to the application.

[sheshe123]

dalebutt, I meant no offence. perhaps my choice of words was a bit poor. I understand that you did not advise me to lie or do anything illegal. Thanks again for your help.

[Amber]

My statements apply equally to EEA route applications as I stated below.

[kulla]

Dear all,

Please can you comment on my situation? I will be really greatful.

I want to apply for EEA4, my wife just received her EEA3. I fit in EEA route for Permanant Residence (married for more than 5 years).

I was given Caution by Police for 'theft at employers' (this was in 2005) when i was new and i admit did wrong thing (embaressed and worried now). I was taken to police station and released after some time (same day after signing/agreeng CAUTION) which appears on my CRB.

I am confused between conviction and caution in EEA4 form. EEA4 does not ask anything about Caution it asks about Convition?

Do i need to declare this? i havent got latest CRB.

Regards,
Kulla

I will appriciate any response for help.

[Amber]

A literal interpretation of the question would say no.

[kulla]

Thanks Amber,

Please could you explain in more details?

I didnt get that.

Regards,
Kulla

[Amber]

....a caution is not a conviction.

[kulla]

Oh ok I get it.

Do you think its Ok to apply for EEA4 without disclosing/ mentioning regarding Caution?

[rosebead]

Kulla, whether you disclose or not, something like that is not going to affect an EEA application. You're not a repeat offender nor is a caution serious enough to warrant a refusal on EEA grounds.