Us deportation and national threat and EEA permit for UK

[SisterNura]

I will get married soon to a Senegalese citizen in Senegal. Once married he would like to come to the UK where I live and study as a German citizen. However he was previously deported from the USA and classified a national threat because his mother brought him to the states illegally when he was a child. He has no criminal record and was treated unfair by the US authorities. To make it worse his mother falsely applied for asylum for him in order to get him back to the states, but he didn't fulfill the asylum criteria. Please tell me if there is any way to lift his classification as a national threat and any way to get approval to come to live with me in the UK. We are planning to apply for a EEA family permit for him. It is stated that under legal law, family members of EU citizens in the UK have a right to have their family members (ie spouse) with them in the country. Please advice if his status would nullify this legal right.

[Obie]

National threat, on the basis of failed asylum, should not on the face of it, affect an EEA application. That does not indicate a threat to national security within the meaning of Regulation 20.

However, provided you are able to overcome the Marriage of Convenience aspect, you may be fine.

[SisterNura]

I don't know whether the national threat was given on the basis of failed asylum or before that, as part of the reason for the deportation.

[zubby007]

[quote="SisterNura"]I don't know whether the national threat was given on the basis of failed asylum or before that, as part of the reason for the deportation.[/quote]



I doubt if the National threat was just base on the failed asylum nor the deportation, for what I can understand a National threat is a real Serious threat to the security of the said Country.

[sheraz7]

Deportation due to failed asylum usually ban an individual to enter the country for certain number of years and is not a national threat. However, if the matter is really so severe which is equivalent to be classified as national/public threat then certainly this information circulate at various embassies, airports, ports etc.

[EUsmileWEallsmile]

Spouses of EU citizens have rather strong rights. The question that might be asked is what threat (if any) the person would the person pose to a member state.

[zubby007]

[quote="sheraz7"]Deportation due to failed asylum usually ban an individual to enter the country for certain number of years and is not a national threat. However, if the matter is really so severe which is equivalent to be classified as national/public threat then certainly this information circulate at various embassies, airports, ports etc.[/quote]




You are very Correct.

[jrge]

Hi,

I will get married soon to a Senegalese citizen in Senegal. Once married he would like to come to the UK where I live and study as a German citizen. However he was previously deported from the USA and classified a national threat because his mother brought him to the states illegally when he was a child. He has no criminal record and was treated unfair by the US authorities. To make it worse his mother falsely applied for asylum for him in order to get him back to the states, but he didn't fulfill the asylum criteria. Please tell me if there is any way to lift his classification as a national threat and any way to get approval to come to live with me in the UK. We are planning to apply for a EEA family permit for him. It is stated that under legal law, family members of EU citizens in the UK have a right to have their family members (ie spouse) with them in the country. Please advice if his status would nullify this legal right.

There are two aspects to evaluate:

1) Failed Asylum: this rejection makes him inadmissible to the USA and Canada only.
2) Removal (deportation): if he was caught for not having proper documentation, then this is merely an administrative sanction and should bear no negative consequences. However, if he was found dealing with narcotics, arms and/or organized crime his chances of being admitted into the UK are slim. But, I encourage you to challenge UKBA and have him apply for a Family Permit.

[Directive/2004/38/EC]

Assuming a marriage is not "a marriage of convenience", the EU citizen or spouse can only be refused entry to the UK if they are a very serious threat to public policy. So a convicted thief who is an ongoing threat and has already been sentenced to more than 2 years in prison.

But what exactly is a "national threat". This is either a language misunderstanding (most likely, remembering that the USA reason was likely specified in US legal English or given verbally, your husband is from Senegal (French with some English), and you are German native), or there is something deeper happening than shows on the surface.

It is in any case good to understand the details behind his immigration history. I would urge you to do that, and possibly read through the USA documents (if written).

[SisterNura]

thanks for all the answers, I will try to elaborate more.

He has got no convictions/no criminal record. he only spent detention time whilst the authorities sorted out his deportation. he has got no papers whatsoever from the whol process apart from his A-number. he did not deal with narcotics or anything like that.

however he was blackmailed by the authorities to spy on his own muslim community and give them information he refused. i assume this is the reason why they discriminated him and classified him a national threat, then followed by deportation. the asylum issue was after all that. so actually he does not pose a threat to anyone.

we are in the process of requesting more information from the US and filing a complaint form but I doubt we will get much out of it.

[jrge]

Hi,

thanks for all the answers, I will try to elaborate more.

He has got no convictions/no criminal record. he only spent detention time whilst the authorities sorted out his deportation. he has got no papers whatsoever from the whol process apart from his A-number. he did not deal with narcotics or anything like that.

however he was blackmailed by the authorities to spy on his own muslim community and give them information he refused. i assume this is the reason why they discriminated him and classified him a national threat, then followed by deportation. the asylum issue was after all that. so actually he does not pose a threat to anyone.

we are in the process of requesting more information from the US and filing a complaint form but I doubt we will get much out of it.

Based on your statements, your Fiancée might have been charged with one of the provisions of the Patriot Act, as reauthorized on the Extension Act of 2011. If that is the resulting case, you seriously need to retain an Attorney.

So that you are aware, he is entitled to get a copy of his file. However, some parts of it might be deemed classified.

[Directive/2004/38/EC]

jrge: That is a rather speculative assertion. We barefuly know some quite vague language, and 3rd hand at that. There are all sorts of things it might be, most of them pretty benign.

I do think it is worth the OP finding out the details from their fiance. Where/when/what happened...

[dalebutt]

It would be fair to say, if op's fiance is not someone who is deemed to be a terrorist, and the fiance as not concealed any information from the op, and the matter is as explained above.

I do not think this will have any bearing on an EEA family permit application, the UK authorities do not have access to the US immigration records except in the case that the individual has been listed on the Interpol record which would be readily available to anyone who has access to, of course the UK authorities can access that record.

No need getting worked up about this

[jrge]

Hi,

jrge: That is a rather speculative assertion. We barefuly know some quite vague language, and 3rd hand at that. There are all sorts of things it might be, most of them pretty benign.

I do think it is worth the OP finding out the details from their fiance. Where/when/what happened...

Please mind they have changed the language in many provisions to prevent anyone to appeal any ruling. Now in the US, what used to be "disorderly conduct" is now a "terroristic treat"; rejecting to help is now "perverting the course of justice". What I'm advising is to request a copy of their file and seek legal help.

Look up: Emilio and Analia Maya, and please read about it.

[Graham Weifang]

However he was previously deported from the USA and classified a national threat

.
Regardless of this given reason, or "other reason", I believe if your card has been maked as a National threat to USA, then there sounds like some other circumstances.

USA will not take this deportation marking lightly, as it is quite a serious undertaking.

You might have an uphill fight on your hands.

[Directive/2004/38/EC]

There are very careful protections of EEA family members. These are not taken lightly. I suspect it is unlikely the family member will be refused entry to the UK.