EEA Family Permit Application (Deportation/Criminal record)

Hi everyone,

I wanted to ask for advice from anyone who knows or has applied for family permit in the uk after deportation.
My husband committed a crime (used a false british passport to obtain work) and was sentenced to 12months. This was 8 years ago, never been in trouble anytime before or after. We fought the deportation and we lost last year November and he was deportated.
I'm British so, I relocated to Ireland with our child to exercise my treaty rights and my husband is due for his 5 years in December.

Whilst reading his deportation order, some parts of it said his deportation was due to Public Policy/security, another documents said it was due to immigration act 1989 which is National law (uk law not EU). This really confused and scared me !

Questions;
1. Does this mean they can just chop and change the reason for deportation when they like in order to refuse under the EEA directive! Can they refuse him due to his past history?

2. Should we wait for him to get the 5 years before we apply for Family permit? Would that help our chances?

3. Should will apply in Ireland or UK?

Any advice PLEASE...

AFAIK he would still need to apply to have the deportation order revoked as it is in force until decision is made to revoke it- the revocation is usually after 10 years since date deportation took place.

@fsa,

Thank you for responding... O wow, I didn't know that. I thought that because now he's a member of EEA he didn't need to and family permit will essential revoke it.

fsa wrote:AFAIK he would still need to apply to have the deportation order revoked as it is in force until decision is made to revoke it- the revocation is usually after 10 years since date deportation took place.

You need to be careful the advice you give people. The information above is NOT correct. This is not the first post you're commenting on with the wrong advice. If you do not know or simply unsure, it's better to not comment.
It's a very Difficult and Sensitive time for most people on here (myself included) and we are looking factual info as our cases are complicated. Pls bear this in mind.

Mylink wrote:

fsa wrote:AFAIK he would still need to apply to have the deportation order revoked as it is in force until decision is made to revoke it- the revocation is usually after 10 years since date deportation took place.

You need to be careful the advice you give people. The information above is NOT correct. This is not the first post you're commenting on with the wrong advice. If you do not know or simply unsure, it's better to not comment.
It's a very Difficult and Sensitive time for most people on here (myself included) and we are looking factual info as our cases are complicated. Pls bear this in mind.

if you can be specific and link to what exactly you are accusing me of it would be helpful.
as for above If there is an extant deportation order from the UK, it means the subject is excluded from that country regardless of whether applying under EU law or not. Only if the person become an EU national themselves then it is a different story.

The OP is a British citizen so is not able to exercise treaty rights in the UK and therefore cannot automatically bring spouse on returing