advise plz non EEA maried to bristish??

[yazyaz]

Hi I am non EEA member married to British citizen, we‘ve been living in Ireland for over year, I have 4eufam stamp for period of 5 years, we thinking moving back to England. I lived in England before, I got deported in 2007 and band for 10 years. The immigration said my visa will be refused automatically until 2017.can some one advises me please what the procedure to remove the band and how to go back to England with my British wife thanks.

[mvent00]

Hi I am non EEA member married to British citizen, we‘ve been living in Ireland for over year, I have 4eufam stamp for period of 5 years, we thinking moving back to England. I lived in England before, I got deported in 2007 and band for 10 years. The immigration said my visa will be refused automatically until 2017.can some one advises me please what the procedure to remove the band and how to go back to England with my British wife thanks.

Either you should tell here the reasons for the ban, then we can say something about it or you consult some solicitor.

[geriatrix]

Consult a competent lawyer specializing in immigration matters.


regards

[Mr Rusty]

You say you were "deported" in 2007, but do you mean you were actually the subject of a Deportation Order signed by the Home Secretary or Immigration Minister, or just administratively removed by the Border & Immigration Agency, as it was called then? I suspect it is the latter, as Deportation Orders have no fixed ban period, they remain in force until revoked.
If you were merely removed and banned under the UK Immigration Rules, this should be no bar to you entering the UK as the Family Member accompanying a British Citizen who has been exercising her Treaty Rights in another EU state and is regarded as doing the same if she returns to the UK (by virtue of a case known as "Surinder Singh", now enshrined in the UK 2006 EEA Regulations).
The "ban" applied under Para 320 of the Immigration Rules does not apply to applications under the EEA Regulations, because the ban applies to entry clearances or applications for Leave to Enter. An EEA Family Permit is not an Entry Clearance, it's simply a document confirming a right to which you are automatically entitled under European Law. Almost the only ground on which you might be refused is that you are in a "marriage of convenience", but it will be hard for the ECO to argue that if you have already been issued with a Family Permit in Ireland.
You may wish to consult a legal advisor as others have suggested, but you will have nothing to lose if you simply apply, because applications under the EEA Regulations are free of charge.
If you are the subject of a Deportation Order, I suspect you would probably have to apply to get it revoked before you could make a successful application under EEA Rules, but I'm not sure about this.

[yazyaz]

Thanks for all replies,I am explaining more bout my case:

In 2007 after my deportation, I apply for fiancé visa and I was refused on this basis
The ECO refused my application on the basis of paragraph 320 of the Immigration Rules. This is a relatively new rule and deals with grounds on which the Entry Clearance Officer must refuse the application. The rules under which the Entry Clearance Officer refused my application were 320 (7A), (7B). I had indeed previously breached the UK immigration laws and was convicted for minor offences. I was also removed from the UK and therefore currently face a ban of 10 years from re-entering the UK.

So what to the procedure and chances to get my visa?

[Wanderer]

Thanks for all replies,I am explaining more bout my case:

In 2007 after my deportation, I apply for fiancé visa and I was refused on this basis
The ECO refused my application on the basis of paragraph 320 of the Immigration Rules. This is a relatively new rule and deals with grounds on which the Entry Clearance Officer must refuse the application. The rules under which the Entry Clearance Officer refused my application were 320 (7A), (7B). I had indeed previously breached the UK immigration laws and was convicted for minor offences. I was also removed from the UK and therefore currently face a ban of 10 years from re-entering the UK.

So what to the procedure and chances to get my visa?

And the 'minor offences' were?

[Mr Rusty]

So what to the procedure and chances to get my visa?

So you were just removed, then. I've told you what to do. Get on with it.

[louloukla]

Hi yazyaz,

Did your wife move to Ireland after you were refused a visa back to the UK?

My husband has been refused entry clearance under 320 11 for entering UK illegally and using a false passport. He was not deported we left to go back to his country and get married. We got married and applied for a spouse visa in Mar 2009 which was refused and since then I have given birth to our son.

I am thinking about going to Ireland to live and apply for him to return from there, did you have any problems as you had had a bad immigration history in UK and do you need to declare this when applying?

[Chiloe]

And what happened to your visa? Did u get it?
And Mr Rusty iv red a lot of your comment in different posts and I'd just like to say I think your very nice, u have a lot of knowledge and understanding in immigration matters and I'm sure u help many people hold on to there hope. Thank you