Can you get refused a RC because of a criminal conviction

[johnny9765]

Can you be issued a RC if you have a criminal conviction of 2 years in the UK at the time of applying? A bit worried they won't grant me one on this basis and applied on the unmarried partner route

[Imshzd]

It depends on the nature of crime.
One off minor/serious criminal conviction may not effect EEA route applications.


http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

[johnny9765]

thanks for your response imshzd it was a sentence of 2 years for drugs

[Obie]

Is there children in this relationship, and was a deportation order issued.

[Directive/2004/38/EC]

You should likely find a solicitor who is very familiar with the requirements under EU free movement law.

http://eumovement.wordpress.com/2013/12 ... ps-and-ph/ is an extract from some of the British internal guidance.

[Amber]

A 2 year custodial sentence, would be a reason to refuse a RC. I gather it was supplying drugs.

[johnny9765]

Obie no children are involved in the relationship and no deportation order was ever issued it happened 7 years ago now and the conviction has now become spent had a reply from the HO and RC was refused due to this reason and a appeal has now been lodge just waiting for a court date. Is it guarantee refusal no matter if you go to court and argue your case or can they still give you a RC

[Directive/2004/38/EC]

Did you read the link that I posted earlier?

[Obie]

The difficulty Directive is that the OP is not a family meber but an extended family member within the meaning of Article 3(2) of the directive. The UK courts takes the view that article 27 is not applicable to those category of beneficiaries.

[Directive/2004/38/EC]

Is there another thread where the OP said that?

Where has the OP been located since finishing the time in prison? In the UK without further involvement with the criminal justice system?

Is there a difference in the handling of direct family members vs other family members with respect to criminal activity in their history?

[Amber]

I think the reason for imprisonment is important. If the person is/was a drug dealer that would be more of a public protection issue. Hence why I asked if it was a conviction for supplying?

[Directive/2004/38/EC]

A critical part of a decision is also whether the person is a present and ongoing threat to society. If they did something bad in the fast past but are now a model citizen, then past criminal convictions are less relevant.

[johnny9765]

So Obie the best chance of getting this sorted out is if i become a direct family member through the route of marriage to my EU partner . I know they can't refuse an application soley on the reason of a criminal conviction but in my case that was the reason but find it difficult to understand because I'm not a direct family member they have.

[Obie]

Yes, as a Direct family member, it may be much easier.

[johnny9765]

Do you think home office will allow the marriage to take place as my visa has now expired and they do know that we are in a genuine relationship because nothing about or durable relationship was mentioned in the refusal letter just the conviction

[Directive/2004/38/EC]

Exactly what did the refusal say?

If it was based on EU free movement law, and the relationship was not mentioned, then relationship status was clearly not considered an issue.

[johnny9765]

It basically says that i have not provided enough evidence for them to excersie discretion in my favour because of the public policy test they done to decide wether it would impinge on my rights. and my criminality has been assed under domestic law. But as i said the main focus was on my past criminal conviction.

[Directive/2004/38/EC]

I think the details of refusal letter are going to be essential should you decide to appeal. I would suggest you find a solicitor with experience in these sorts of appeal.

[johnny9765]

Thank you so much for your help I have decided to appeal the decision so going to court