Surinder Singh case with re-entry ban

[frida]

Hello everybody,

I'm new to this discussion board, and have a few questions that I hope some of you could answer.

To make the story short; my husband has a re-entry ban in my home country, Norway, for breaching the local immigration rules by allegedly using a fake id card. He is from Iraq, and it was impossible to prove that is was not fake because iraqi documents lack notority. He even got a letter from the minister of internal affairs, but it was totally useless.
He now has a valid passport.

We therefore moved to the UK using the EEA rules. We went trough hell to get him here and he has now finally got his residence permit.

We now want to use the EEA rules to return to my home country as we have a little son and find life in the UK difficult.

We have applied to have the re-entry ban lifted, but I read in a different tread that we actually don't have to apply to have it lifted if it was not originally issued on ground of public policy, public health or public security.

Norway claims they can use 6 months to deal with the application, and are referring to Dir. 2004/38 EF art. 32

Is this right? I don't think this rule applies to my husband as he has not been issued a re-entry ban according to these rules.

I really hope some of you would answer this question.

[CheGuevara]

He still has to apply to have the ban lifted, they would surely have it lifted because of your EEA rights but you still need to apply for restrictions to be taken off.

[frida]

Ok, we have applied.

But can they use 6 months to decide the application?

[CheGuevara]

No it can take upto 6 months, but you can speed it up by emails and phonecalls. Basically just become a pest.

[frida]

Do you really think that helps? I have been a pest for tree months now, and no luck.

Is there any way they can refuse this application?

[vinny]

RFL6.1 EEA Family permits – can 320 (7A) and (7B) be applied?

[CheGuevara]

Yes there is a chance that they might refuse your application but you would need to inform them of your EU rights, i am guessing that you included alll these in your application for revocation.

[Obie]

RFL6.1 EEA Family permits – can 320 (7A) and (7B) be applied?

I suspect the OP's husband is in the UK, and was successful in obtaining EEA family permit, and Resident Card. What i think is the issue is applying for entry under EU rules into Norway.

Even though Norway is not part of the European Union, they are obliged under the EEA agreement to adopt all the legislation, save for area pertaining to agriculture and fisheries.

Surinder Singh is applicable to Norway and so is Public policy, public Health and Public Safety requirements.

Have a look at the processing time in cases where EEA rights have been acquired.

Your situation is different from that of the people they are referring to. Those people are applying for revocation on ground of Public policy, Health or security.

Because you spouse was not removed on those basis, i don't think his entry or residence will be dependent on the revocation of the same.

If that was the case, then you freedom of movement will be seriously impeded. When you enter or apply for residency, the Norwegian authorities are then obliged to access if his case meet the Public policy requirement, which obviously will not be the case.

[frida]

I have looked at the processing times, but UDI has told me after a million phone calls and e-mails that the ban needs to be lifted and that we can expect the processing time to be 6 months.

I was also of the opinion that since he is not expelled on the grounds of public policy etc. he could simply travel to Norway and apply for a recidence permit and they authorities would then have to deal with his application.

Could they claim that using a "fake" id card is a reason to keep the ban on grounds of public policy?

And to answer your question my husband and I are un the UK and he holds a Recidence Permit.

[Obie]

I will advice to go into Norway and apply for a Resident Card.

They will have to revoke the previous ban automatically, as it was not issued under EU law, neither does it meet the Public policy threshold.

To invoke public policy removal, the personal conduct of the individual concern should represent a genuine, present and sufficiently serious threat affecting one of the fundamental interest of society.

[frida]

Thanks Obie, but where can I actually find the rules that say that they have to revoke the ban immediately??

I have tried to argue that he is extempt from the visa requirement, but they still tell us that we have to apply to have the ban lifted and then wait 6 months...

[Obie]

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.

.....................

Therefore the right to free movement can only be restricted for union citizens and their family members on Public Policy, public Security and Public Health reason.

[frida]

Thanks, Obie!

I have tried quoting these rules, but with no luck.

Is it normal procedure to automatically remove a re-entry ban in other countries?

[frida]

Does anyone have experience in lodging complaints with the Commision?

I'm trying everything now as the situation is so difficult with work and childcare here in the UK, and I'm fed up with waiting...

Can a state claim that breaching immigration rules is a treath to the "public policy" and refuse to lift the ban?

[Directive/2004/38/EC]

Have you simply applied for a visa for your husband to go to Norway?

You might want to do that. Remember that they have only a few options for rejecting it, then need to give you the reason in writing, and they need to process the visa application quickly.

You should definitely contact Solvit. http://eumovement.wordpress.com/help-eu-solvit/

And I would suggest, if Norwegians are allowed to do so, that you do a petition to the European Parliament.

[frida]

We haven't applied for a visa, no.

Maninly because he should be extempt from the visa requirement, but also because any application would be considered as an application to lift the re-entry ban in Norway, and it would just end up in the same queue... That's what they say anyway.

Solvit will not help unless they actually refuse the application.

I have sendt en e-mail to ESA and the commision.

I have also been calling and sending e-mails, but they just won't answer my questions, and refer to 6 months processing time... No one has even looked at the case and I'm getting so frustrated my hair has actually turning gray!
I'm not joking, and I'm only 30..............................

[Directive/2004/38/EC]

You might consider forcing their hand by applying for a visa. They have to have a very good reason for taking more than 2 weeks to issue the visa. Or they have to refuse it with reasons, at which point you can involve Solvit.

[frida]

Hi agian,

6 months has passed since my husband applied to have his re-entry ban lifted. The norwegian UDI has still not made a decision, but has sent a cpoy of my husbands passport to his home country for verification.
It will take another 2 months before they get a reply.

His passport has been verified several times when he has applied here in the UK.

What can I do other that contact Solvit?

Where can I find the rules that say that we can claim compensation when a country doesnæt comply with the EEA regulations?

I hope some of you could help me out here...