EU Treaty Rights/Moving to Ireland with non-EU Spouse

Good morning all. I posted on this subject 1 year ago and received some helpful replies. I will now be moving to Ireland in the summer, and have a worry about the EU1 application form from my husband..here is briefer version of my previous post:-

I am a British Citizen living in UK. I have had a job offer in Ireland and want to take up this job, but am thinking I would like my husband to be in Ireland with me. He is from St Lucia and so does not need a visa to enter Ireland; however, he has been in the UK previously and does not have a good immigration history in the UK at all. He overstayed, plus was caught with a false French ID card - he came to the UK with his own St Lucian passport, obtained the false ID card through a friend whilst here, friend had used such a card to get an NI number and a job to support himself and thats what my husband also attempted to do. Anyway -he was sent to prison for 10 months, then deported to St Lucia. After he was deported I went to St Lucia to marry him. We have been married for just over 1 year now, but together as a couple for 3 years.

So...just lately I looked at the EU1 application form and see that it asks whether applicant has been convicted of a criminal offence in the state, or abroad. My worry is that, he could be refused entry to Ireland based on his previous conviction/deportation in the UK..although he hasnt been in any trouble at all since then, I guess they could look at character? In the UK they use a phrase such as 'not conducive to the public good' although I think that may apply to more serious offences.

To travel to Dublin from St Lucia we would have to go via France. As my husband has been deported from the UK I guess I am right in thinking that, we shouldnt enter British territory as the UK authorites would simply prevent him from travelling on from there to Ireland, and return him to
St Lucia?

In France we will have to pass through immigration in order to board a flight to Ireland. Can the French authorities interfere in any way and try to stop my husband travelling on from there to Ireland? Similarly, could the Irish authorities refuse my husband entry as they may think as he has been in the UK before, he may be trying to make his way back there? (definetely not our intention).

I have been reading a lot about EU treaty rights and the directive, Metock, etc but it does seem as if not all EU states are complying with this, ie interpret in their own way. So although I will carry relevant EU information with me, I would just like some further advice in case we encounter any problems re. what I have said above.

It seems this is another long post..but if anyone can offer advice it would be very much appreciated, thanks

Delaine

Hello!
I have been in same situation as your husband have at the moment and I was deported back to my country and I came to Ireland and I applied for EU1 and they acknowledge my application and its still under consideration and I am hoping to get my answer in one month or so..
Regarding to your Husband's entry in Ireland. I would strongly recommend you to travel with your husband when he is coming to Ireland either from France or from St Lucia.
and at the port of entry he needs to show his passport and your passport and a marriage certificate and immigration officer will stamp his passport for 30 days and in those 30 days you need to apply for EU1 and once his EU1 application is in process he will be issued stamp4 which will allow him to live and work in Ireland.
and regarding to his criminal conviction.
Article 27 of the 2004 38 EC Directive

Article 27
General principles
1. Subject to the provisions of this Chapter, Member States
may restrict the freedom of movement and residence of Union
citizens and their family members, irrespective of nationality,
on grounds of public policy, public security or public health.
These grounds shall not be invoked to serve economic ends

2. Measures taken on grounds of public policy or public
security shall comply with the principle of proportionality and
shall be based exclusively on the personal conduct of the individual
concerned. Previous criminal convictions shall not in
themselves constitute grounds for taking such measures.
The personal conduct of the individual concerned must represent
a genuine, present and sufficiently serious threat affecting
one of the fundamental interests of society. Justifications that
are isolated from the particulars of the case or that rely on
considerations of general prevention shall not be accepted.
3. In order to ascertain whether the person concerned represents
a danger for public policy or public security, when
issuing the registration certificate or, in the absence of a registration
system, not later than three months from the date of
arrival of the person concerned on its territory or from the
date of reporting his/her presence within the territory, as
provided for in Article 5(5), or when issuing the residence card,
the host Member State may, should it consider this essential,
request the Member State of origin and, if need be, other
Member States to provide information concerning any previous
police record the person concerned may have. Such enquiries
shall not be made as a matter of routine. The Member State
consulted shall give its reply within two months.
4. The Member State which issued the passport or identity
card shall allow the holder of the document who has been
expelled on grounds of public policy, public security, or public
health from another Member State to re-enter its territory
without any formality even if the document is no longer valid
or the nationality of the holder is in dispute.
I am sure he will be fine and if you are still not sure then wait till Feb and I will let you know my decision that will help you to decide.
I hope I have answered your question.
Thanks and Good luck!

Rebel82, thank you so much for a very clear answer. I am going to read through the Directive once again and highlight all relevant parts.

I hope we will speak again in February then, good luck with it all. You have given me hope!

Delaine xx