applying for eu family member but need help

[dublin3]

thanx

[MAKUSA]

Go ahead and apply for your EU fam 4 card, the Irish cannot refuse you because according to

Article 27 of the 2004 38 EC Directive

Article 27
General principles
1. Subject to the provisions of this Chapter, Member States
may restrict the freedom of movement and residence of Union
citizens and their family members, irrespective of nationality,
on grounds of public policy, public security or public health.
These grounds shall not be invoked to serve economic ends

2. Measures taken on grounds of public policy or public
security shall comply with the principle of proportionality and
shall be based exclusively on the personal conduct of the individual
concerned. Previous criminal convictions shall not in
themselves constitute grounds for taking such measures.
The personal conduct of the individual concerned must represent
a genuine, present and sufficiently serious threat affecting
one of the fundamental interests of society. Justifications that
are isolated from the particulars of the case or that rely on
considerations of general prevention shall not be accepted.
3. In order to ascertain whether the person concerned represents
a danger for public policy or public security, when
issuing the registration certificate or, in the absence of a registration
system, not later than three months from the date of
arrival of the person concerned on its territory or from the
date of reporting his/her presence within the territory, as
provided for in Article 5(5), or when issuing the residence card,
the host Member State may, should it consider this essential,
request the Member State of origin and, if need be, other
Member States to provide information concerning any previous
police record the person concerned may have. Such enquiries
shall not be made as a matter of routine. The Member State
consulted shall give its reply within two months.
4. The Member State which issued the passport or identity
card shall allow the holder of the document who has been
expelled on grounds of public policy, public security, or public
health from another Member State to re-enter its territory
without any formality even if the document is no longer valid
or the nationality of the holder is in dispute.

YOU CANNOT BE REFUSED UNLESS THEY SUSPECT THAT YOUR MARRIAGE IS THAT OF CONVENIENCE.

But you would need to go to the AIT to ask that they remove deportation order before you can visit the UK.

[Obie]

You can apply in Ireland, and you will certainly be fine, as stated by the previous contributor.

They can only refuse you on grounds of Public Policy, Public Health or Public Security, and i can say with all certainty that a prison term for a misdemeanor immigration offense doesn't fit that description.Also marriage of convenience can also be a factor for refusal, not that i think it applies in your case anyway.

In regards to entering the UK, i think he will be fine if you are accompanying your spouse. If however the UK's Secretary of State thinks your offense is severe enough, he/she will have to reissue another deportation order under community law, if they deem it appropriate.

[MAKUSA]

You can apply in Ireland, and you will certainly be fine, as stated by the previous contributor.

They can only refuse you on grounds of Public Policy, Public Health or Public Security, and i can say with all certainty that a prison term for a misdemeanor immigration offense doesn't fit that description.Also marriage of convenience can also be a factor for refusal, not that i think it applies in your case anyway.

In regards to entering the UK, i think he will be fine if you are accompanying your spouse. If however the UK's Secretary of State thinks your offense is severe enough, he/she will have to reissue another deportation order under community law, if they deem it appropriate.

Obie he would need to apply for revokation of the last deportation order to the home office and if that application is denied then he would need to appeal at the AIT.
Ireland also hold the information regarding his past immigration problems in the UK because of CTA but not his criminal conviction.

[Obie]

Please See

[9.1 Deportation orders made on grounds other than public policy or public security
If the deportation order was clearly not made on any grounds of public policy or public security (see paragraph 8.3 above) and the subject has since acquired a right of residence under EC Law the order should be revoked immediately.
If the deportation order was made either on conducive grounds or on the recommendation of a court then it may only be maintained if this can be justified on public policy/public security grounds. This should be the initial consideration before taking into account factors set out below.

Also read this information on removal rules

[dublin3]

Thanx very much for the information that you provided now I am gonna apply on monday do you think that I should do it by myself or hire any solicistor..
All my documents are complete even I hav PTRB letter as well.
and I don't think so that UK will give me visa again after deportaion..
thanx again..

Please See

[9.1 Deportation orders made on grounds other than public policy or public security
If the deportation order was clearly not made on any grounds of public policy or public security (see paragraph 8.3 above) and the subject has since acquired a right of residence under EC Law the order should be revoked immediately.
If the deportation order was made either on conducive grounds or on the recommendation of a court then it may only be maintained if this can be justified on public policy/public security grounds. This should be the initial consideration before taking into account factors set out below.

Also read this information on removal rules

[El shaddai]

You have nothing to worry about just forward your application to the DOJ as long as you meet all the requirement, you will be granted. Forget about the past for now and move on.Good luck

[dublin3]

thanx every 1 who gave me this realy helpful information..thanx again

[MAKUSA]

thanx every 1 who gave me this realy helpful information..thanx again

read this on deportation and revocation, good luck.

http://www.ukvisas.gov.uk/en/ecg/ecbasics/whoneedsec