HI everybody,
hope some people can help or advice.
My husband (EEA national) and I (German citizen) got married in July 2008. When we got back from our wedding in Denmark, my husband was sent back to Denmark, because they found out at the Immigration Desk in the Airport that he overstayed 5 months with his student visa and worked illegally (they apparently can see tax payments). This was all recorded in his computer file (GNIB case). I had a horrible time sorting his case by speaking to different authorities and they admitted that an error was made and the fact that he overstayed etc. wouldn't waive his right for free movement as an EU citizen.
2 weeks later he was in ireland again and received 1 month later his STamp 4 (after pressuring them and pointing out the EU treaty rights at the immigraiton burgh quay).
My husband has now a big cross on one page of his passport, signed by the immigration officer in dublin airport.
We applied in August for the EU treaty rights and are still awaiting their response (6 months are gone on the 21st February) and are really affraid that his negative immigration history has an impact on the decision of the Dept of Justice in regards to our Visa application.
Now two questions, it would be great if someone could give advise or point me in the right direction:
Can the department of justice refuse our application due to his negative immigration history? Does the Dept of Justice have access to Immigration (GNIB) case files? Do the rights as an Eu citizen overrule his negative immigration history?
Further more did anybody ever appeal against an EU Treaty rights application? And would that make sense in our case if we received a negative answer?
thanks so much for any replies!
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