Visiting after deportation.

[kelster]

Hi Guys,

Wondering if anyone can answer my question. My husband was deported from the U.K in 2005 after a failed asylum claim. He left U.K on his own accord and claimed asylum in Ireland. He then met me in Ireland ( I am a U.K citizen) and we married, he dropped his claim for asylum and was granted residence in Ireland via our marriage, he has stamp 4fam. We now want to visit the U.K, what are the chances of us getting a visit visa for him?

thanks in advance guys.

[Obie]

Hi Guys,

Wondering if anyone can answer my question. My husband was deported from the U.K in 2005 after a failed asylum claim. He left U.K on his own accord and claimed asylum in Ireland. He then met me in Ireland ( I am a U.K citizen) and we married, he dropped his claim for asylum and was granted residence in Ireland via our marriage, he has stamp 4fam. We now want to visit the U.K, what are the chances of us getting a visit visa for him?

thanks in advance guys.

He should not have a problem, as previously bad immigration history doesn't affect ones ability to obtain EEA family permit.

It is issued under EU law, and can only be refused on grounds of public policy, public health or Public security.

He can even go to the UK without a Visa provided you are accompanying him, and can apply for a resident card if he chooses to stay for longer that 3 months.

[kelster]

Hi Obie,

Thanks for that, so we are planning on visiting together, but are you sure we dont need a visa? as i thought the U.K does not adhere to the EU free movement policy ??

thanks in advance.

[Obie]

Hi Obie,

Thanks for that, so we are planning on visiting together, but are you sure we dont need a visa? as i thought the U.K does not adhere to the EU free movement policy ??

thanks in advance.

Kelster let me try and be clear about this.

If he want to go to the UK, the authority illegally say he should apply for a visa called (EEA Family Permit) which is not quite a visa as the UK says, it is issued under EU rules.


The UK says someone who has a resident card issued under Article 10 of directive 2004/38EC (EU Law) from another EEA states (Ireland), needs an EEA family permit.

Article 5 of the Directive (EU Law ) states that they are exempted.

EU law prevails over national law, therefore the UK has said they will want you to apply for it before you enter, but if you come without it, provided you have your EEA family member with you and a marriage certificate, they will grant you entry. Something they don't want to do , but have to, as the EEA family permit is not EU law, the UK illegally implemented it.

As Ireland has a common travel area with UK, you husband will be able to travel to the UK with little ease.

If you will be traveling to Africa/Asia and intend to enter the UK again, i will suggest you get the EEA family permit, as the Airlines will not allow your husband to board the flight back without it. If however you manage to get to the UK border, they will allow you in , without any hassle 100%.

The EEA family permit is usually issued free of charge, and your husband's previous immigration history should not affect his chances of securing it. However some people have reported that ignorant ECO are using it as a basis for refusal.

I hope that clears thing for you.

[UKBAbble]

Also the depportation order will still be outstanding, he really ought to apply for it to be revoked or face problems at a port of entry.

[PaperPusher]

My husband was deported from the U.K in 2005 after a failed asylum claim

It could have been removal rather than deportation. It is important that this is clarified.

[Obie]

My husband was deported from the U.K in 2005 after a failed asylum claim

It could have been removal rather than deportation. It is important that this is clarified.

Under EU law, you could only be deported on grounds of public policy, Policy health and Public Security.

So long as the deportation order wasn't issued under EU law, they have no right to deport him.

They will have to re-issues another one on those three basis mentioned above, and then they can contest it nationally.

He has to pose a persistently serious threat that affect one of fundementals of society for him to be deported under the conditions stated above.

[kelster]

Hi Guys,

Ok this clears things up for us, and in reference to the removal order, yeah he was not technically deported, he was asked to leave (which he did) so that was just the way i worded it. But thanks for all your clarification on this matter.

kelster.

[MAKUSA]

Hi Guys,

Ok this clears things up for us, and in reference to the removal order, yeah he was not technically deported, he was asked to leave (which he did) so that was just the way i worded it. But thanks for all your clarification on this matter.

kelster.

Did the Home Office ever sign a deportation order because if they did then he has to apply for the order to be lifted, i know you said that he left voluntarily but it does not count if a deportation order exists.