EEA national with UK criminal record

Hello everyone,

So I moved to the UK when I was around 13 years old from the Netherlands in 2010.

I lived in the UK as a law abiding citizen, was studying and after finishing A levels, went to follow law in 2015.

Unfortunately in 2016 I got involved in a fight which led to a prison sentence of 5⅕ years for GBH.

I applied for ERS and after serving 2 years was willingly deported to Netherlands. The license will finish in November 2021. I love the UK, I grew up there, its my home.
However Brexit occured creating further divisions between the EU and UK.

My question here is:

1) Should I apply for the EU scheme of settlement and show that I have rehabilitated as I am continuing my studies at uni.

2) chances of been accepted I presume are low. Therefore, would I be allowed to enter the UK for just visits.

3) any other advice because I have my character certificates, what I have been doing since returning, studying, community works, volunteering etc etc.

Thank you in advance.

Could anyone please reply?

Are you back in the UK - when you say your licence expires November 2021 - is that the ban from the UK, you are currently in NL?
I understand you need to be resident in the UK by 31 December 2020 - to be able to apply by 30 June 2021 latest which is the extended deadline for applications. Trying to guess what your chances are is difficult without knowing what is actually happening with similar applications. I will leave it to others to comment on your case.

Thank you for you reply.

No I am not in the UK at the moment and yes indeed the license/ban finishes in November 2021 hence I cannot enter the UK.

I was just wondering to go for it with motivational letter etc and all my progress since the day I've been back.

Let's hope

Not sure what you mean by motivational letters etc - UK immigration applications are all about the requirements set out in the regulations, you either meet them or you don't, but:

Main thing to note is that you need to be resident in the UK by 31 December 2020 - you can't apply for settled status from abroad. Presumably you have got family in the UK, parents perhaps. They may be able to sponsor you as a family member once you can return to the UK. Remember that free movement will end at the end of the year so it will be much more difficult for EEA citizens to migrate to (or back to) the UK, unless they have settled status.

Perhaps one of the members with deeper understanding of current EEA rules / Settled Status rules could give further opinions but you will not be able to return in any case until your ban expires.

What tells you that you can't come back to the UK before Nov 2021?

I understand that these entry bans are hard to enforced against EEA nationals and their family members.

Do you have any document you can share while hiding your personal details? Just to see what are the legal grounds used for that.

If you are to come back to the UK in Nov 2021, EEA citizens won't have more rights than US to Nigerian citizens when it comes to sponsorship. It will much harder if not impossible without a marriage or similar.

Zerubbabel wrote: ↑

Thu Oct 22, 2020 12:04 pm

What tells you that you can't come back to the UK before Nov 2021?

I understand that these entry bans are hard to enforced against EEA nationals and their family members.

Do you have any document you can share while hiding your personal details? Just to see what are the legal grounds used for that.

If you are to come back to the UK in Nov 2021, EEA citizens won't have more rights than US to Nigerian citizens when it comes to sponsorship. It will much harder if not impossible without a marriage or similar.

Thank you for your reply. I don't have it close by, I'll share it soon however it is a deportation order that you sign and agree that you do not wish you appeal against the deportation. In return you, you get early removal scheme which means you can leave prison earlier and sent back to origin country.

Also it mentions (I think) that because you have been sentenced for more than 12 months, you are automatically liable for deportation, the ban is for life but you can request the home secretary to review you ban and allow you to enter the UK after 10 years.