No, no and no. Deportation is not revelant, OP was not deported, he was refused leave to land. If you are a professional you should know that. And the OP could not prove by any other means that he had a right to enter the state, as he did not have that right.Obie wrote: ↑Tue Jan 14, 2020 11:23 pm
I am a qualified immigration professional who has worked in UK and Ireland, so I know what I am talking.
I do not need to go very far into EU law jurisprudence. The 2015 regulations mandate an immigration officer not to deport a family member of an EU citizen who are not in possession of a visa.
In accordance with MRAX and Article 5 of the directive 2004/38EC, the regulations demands the IO allow the person every opportunity to proof by other means that that have a right to enter into the state.
Therefore in accordance with the regulations, the officer should first have tried to establish if the OP's wife was in the state, if she was, the officer must then establish if she has been residing for more than 3 months, if she has, the officer must then determine if she is exercising treaty rights. If she is, then this person has a right of Entry into the state for a period of 3 months, upon providing proof of his relationship to his wife.
The officer should have then advised him to apply for a Residence card if he proposes to reside in the state for 3 months or more.
OP is not in the State. The proves my point.
I sincerely hope you are not currently taking peoples money for such poor advice. You wouldn't be the only one though. Its a disgrace how people are taken advantage of.