EEA FM application with criminal record

[klab8]

I cannot but start with expressing my admiration for ALL the hard work you do! I just spent about 3 hours reading old posts, and i cannot belive your generosity, and your going out of your way to help people you never met... A MASSIVA THANK YOU TO YOU ALL!

i wish i didnt have to take more of your precious time, but i would be SO grateful to also receive your words of wisdom.
I'm an EU national, with a Registration Certificate, studying full time in London. I am married to a NON EEA national but he does have a permanent residency in France. We're about to apply for EEA FP (VAF5) for him to come and join me here. It's quiet straighforward and we do have all the documnets we need. BUT! ... and this is where i'd appreciate your advice... he has two criminal convictions, and he served them both (related to drug-dealing, both over 2yrs old).
We are obviously worried that if he acknowledges his criminal conviction in the VAF5 form, it might work against him in getting the FP, esp. if they decide to dig deep into the case they'll see that he used false identity before.
But then, on the other hand, we are worried that if he just ticks 'No criminal convictions' that teh UKBA may somehow get the criminal info about him anyway, esp. since he was fingerprinted when seeking asylum under that false identity ages ago, and then again under his true identity).
So the question really is (finally getting to the point) whether you know if the UKBA shares info like fingerprints and criminal records with Schengen countries (btw, he has never been to UK before so they dont have his fingerprints on their system,... as yet), and whether they are likely to find out that he's been lying when applying. Or, to put the question sligthly differently - what is less risky, saying the truth and risking not getting the FP, or lying and risking of being discovered and getting 10yrs ban of entry.

thanks a million, i already appreciate that you took the time to read this, so will be even more grateful if you had any advice to share with me, please. Many many thanks!

[klab8]

... just realized that the question also is if the Schengen countries share THEIR info and fingreprints with UKBA, not just vice versa.
Thanks!

[Obie]

The EEA family permit is slightly different from that of other UK Entry clearance, in the sense that it is not issued under UK rules but under EU rules, and the 10 years ban attached to other Entry clearances does not apply to it.

He can in theory, only by refused on ground of Public Policy, Public health or Public Security. Previous Criminal Record should not have any effect on an EEA Family Permit application, so long as the person don't pose any current threat affecting one of the fundamental interest of Society.


You can choose not to answer to that question, which is perfectly within your right, or you could answer it correctly.

The fact that he is a reformed character, and not committed that offence for a while now, will hold stronger weight than his past conduct.

Fingers cross, you should be fine

[klab8]

You are so kind! thanks so much for your reply, i mean this also feels like 24/7 help line, i cannot express my gratitude! i can't wait to talk to him to tell him the good news (am gonna call now and wake him up, he cant possibly get annoyed when i have this news!) and i bet he'll love the fact that he's a 'reformed character', that sounds so funny!!! (but sure i know what you meant and really appreciate, but you see... him and a 'reformed character'... hilarious )

If you wouldnt mind, please, only one additional question - if he skips the question won't that raise their suspision (esp. since they could get annoyed that he's being cheeky) and cause them to dig deep why he might have skipped it.... and are you actually allowed to skip anything in the online application (only way to apply in France is online)... i gather from previous posts that online questions are tricky as you have to fill them in before moving to the next questions.

And one comment to round up with - you guys should honestly have some fund on this site, everyone should pay for this amazing help you give, just imagine everyone you help contributes 50p or £1... it would still not pay for the hard work you do... or if you still want to do this for free the money could go to a charity.... there are many working with refugees, detainees, unaccompanied minors etc. I'll be the 1st person to contribute once the fund is up!
THANK YOU!!!!

[Pakhtoon]

I would suggest you tell the truth. You can put a cover letter explaining the whole story and the fact that he is a 'reformed character'.

Besides you can tick 'Yes' to the question where it asks 'Would you be available for interview?' so that will give him another oppertunity to explain himself - if they will ask for it of course.

If I were you, I would rather tell the truth with confidence than hide it with fear.

[Wanderer]

I would suggest you tell the truth. You can put a cover letter explaining the whole story and the fact that he is a 'reformed character'.

Besides you can tick 'Yes' to the question where it asks 'Would you be available for interview?' so that will give him another oppertunity to explain himself - if they will ask for it of course.

If I were you, I would rather tell the truth with confidence than hide it with fear.

Yes don't be lulled into thinking EEA rules are easy, forgiving and problem free - just read here..

[Obie]

The most important thing the UK Entry clearance officer would need to establish is whether or not you are related as claimed, and if your relationship is genuine or one of convenience. That you are an EEA national, full stop.

Criminal Record is important in as far as it shows propensity to re-offend on a scale that affects one of the fundament interest of society, i.e terrorist activities or being a member of organisation that pose a threat to UK security.

Whatever you choose to do with disclosure section, should in theory not affect your application.

Please see the Visa procedure and the Caseworker Guide.

Also see

[quote=" EEA Regulation 2006"]
Decisions taken on public policy, public security and public health grounds
21.—(1) In this regulation a “relevant decisionâ€

[klab8]

Thank you so so very much to all of you, but esp. Obie, you are so kind and generous with your time, and you made things so clear for us. What great news! We've got few things to sort out but will apply for EEA FP next month so i'll defo post up the outcome.
Yes, our relationship IS genuine, more then genuine, we've been together for six years now and finally have the chance to live like a normal couple...
All the best to all of you!

[Wanderer]

You can't not answer the question about Criminal Convictions, from the VAF5 guidance notes....

5.8 Do you have any criminal convictions in any country (including traffic offences)? If you have answered ‘Yes’ to this question you must submit, with your supporting documents the official record of the conviction, detailing the crime you were convicted of and the sentence you received.