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Re - entry to Uk after deportation

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Ludmila
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Re - entry to Uk after deportation

Post by Ludmila » Thu Mar 06, 2008 8:30 am

My fiance was deported from Uk ( he is from eea country) after finishing him sentence. I m still live in uk. Can he again entry to uk, or what he needs to do if he want again entry to Uk.
Thanks

Wanderer
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Re: Re - entry to Uk after deportation

Post by Wanderer » Thu Mar 06, 2008 9:47 am

Ludmila wrote:My fiance was deported from Uk ( he is from eea country) after finishing him sentence. I m still live in uk. Can he again entry to uk, or what he needs to do if he want again entry to Uk.
Thanks
Why was he deported? What was he convicted of?
An chéad stad eile Stáisiún Uí Chonghaile....

sakura
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Location: UK

Post by sakura » Thu Mar 06, 2008 12:12 pm

What country is he from?

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United Kingdom

Post by Administrator » Thu Mar 06, 2008 5:01 pm

.

From an EEA country ... Does this mean a citizen of that country?

It seems "yes."


If so, it would have to be a somewhat serious crime to have been deported. The severity of the crime and how long he has has been out of the UK would be important information.

In Canada, for example, when a person is convicted of a crime, your ability to re-enter depends upon what your punishment would have been in Canada if you had been convicted in Canada.

I am not certain, but I THINK similar rules apply in the UK.

Normally I would move this topic to UK General, but I'm going to leave it in the Europe forum because it sort of applies more broadly to EU/EEA and this forum has less activity .. so I'm hoping the topic may be visible longer here.

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Ludmila
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It

Post by Ludmila » Thu Mar 06, 2008 8:45 pm

Its from Slovak republic. He finish him sentence in august. It was section 18... Fighting. He spend 2.5 year in prison and straight deport him without let him now he can ar cant again entry to country.. No stamp in passport, no letter or something about reentry..

Wanderer
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Re: It

Post by Wanderer » Thu Mar 06, 2008 10:30 pm

Ludmila wrote:Its from Slovak republic. He finish him sentence in august. It was section 18... Fighting. He spend 2.5 year in prison and straight deport him without let him now he can ar cant again entry to country.. No stamp in passport, no letter or something about reentry..
You don't spend two and a half years in prison for fighting, my bro got three months for serious affray, fighting at the football.

Was it with a knife or menaces?

Sounds like a right nutball anyway, good riddance....
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: It

Post by mym » Thu Mar 06, 2008 11:51 pm

Ludmila wrote:Its from Slovak republic. He finish him sentence in august. It was section 18... Fighting. He spend 2.5 year in prison and straight deport him without let him now he can ar cant again entry to country.. No stamp in passport, no letter or something about reentry..
In that case the Secretary of State has decided that his removal is justified on the grounds of public policy, public security or public health in accordance with regulation 21.


Decisions taken on public policy, public security and public health grounds
21. —(1) In this regulation a "relevant decision" means an EEA decision taken on the grounds of public policy, public security or public health.

(2) A relevant decision may not be taken to serve economic ends.

(3) A relevant decision may not be taken in respect of a person with a permanent right of residence under regulation 15 except on serious grounds of public policy or public security.

(4) A relevant decision may not be taken except on imperative grounds of public security in respect of an EEA national who—

(a) has resided in the United Kingdom for a continuous period of at least ten years prior to the relevant decision; or

(b) is under the age of 18, unless the relevant decision is necessary in his best interests, as provided for in the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989[11].

(5) Where a relevant decision is taken on grounds of public policy or public security it shall, in addition to complying with the preceding paragraphs of this regulation, be taken in accordance with the following principles—

(a) the decision must comply with the principle of proportionality;

(b) the decision must be based exclusively on the personal conduct of the person concerned;

(c) the personal conduct of the person concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society;

(d) matters isolated from the particulars of the case or which relate to considerations of general prevention do not justify the decision;

(e) a person's previous criminal convictions do not in themselves justify the decision.

(6) Before taking a relevant decision on the grounds of public policy or public security in relation to a person who is resident in the United Kingdom the decision maker must take account of considerations such as the age, state of health, family and economic situation of the person, the person's length of residence in the United Kingdom, the person's social and cultural integration into the United Kingdom and the extent of the person's links with his country of origin.

(7) In the case of a relevant decision taken on grounds of public health—

(a) a disease that does not have epidemic potential as defined by the relevant instruments of the World Health Organisation[12] or is not a disease to which section 38 of the Public Health (Control of Disease) Act 1984[13] applies (detention in hospital of a person with a notifiable disease) shall not constitute grounds for the decision; and

(b) if the person concerned is in the United Kingdom, diseases occurring after the three month period beginning on the date on which he arrived in the United Kingdom shall not constitute grounds for the decision.


I note that 24.4 states:

A person who enters or seeks to enter the United Kingdom in breach of a deportation order made against him pursuant to paragraph (3) shall be removable as an illegal entrant under Schedule 2 to the 1971 Act and the provisions of that Schedule shall apply accordingly.
--
Mark Y-M
London

Ludmila
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Re: It

Post by Ludmila » Fri Mar 07, 2008 12:44 am

Wanderer wrote:
Ludmila wrote:Its from Slovak republic. He finish him sentence in august. It was section 18... Fighting. He spend 2.5 year in prison and straight deport him without let him now he can ar cant again entry to country.. No stamp in passport, no letter or something about reentry..
You don't spend two and a half years in prison for fighting, my bro got three months for serious affray, fighting at the football.

Was it with a knife or menaces?

Sounds like a right nutball anyway, good riddance....

He spend. It wasnt with knife.. nothing, just fight. And that another person atack him... but thats no matter... I just want to now what he can do if he want again entry to uk.. thats it.. Im living here , have a nice job here, and we going married next month....

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