***an overstayed with one year re-entry banned, apply to enter the uk under Eu Settlement Scheme on his Eu Spouse***

Hi guys can someone help me on my case. i would be so grateful

History in the uk - nationality Mauritius

1) i was 16 years old when i entered the uk on a visitor visa in July 2008

2) Subsequently i was granted LTR as a dependant on my dad student visa

3) So from may 2011 up to 2019 i was with no visa. application being refused all the time

4) On June 2019 i decided to leave the uk voluntarily on my own expenses. and got married in Mauritius
with my Eu spouse. and was served with a 1 year re-entry ban from uk

5) In November 2019 i came to Spain and apply for residence card as a spouse of an Eu citizen and it is
granted for 5 years

6) Now my wife and i decided to move to the uk this end. however i know she has to apply for her Pre-
Settlement.

Now for me to make an EUSS family permit from Spain, is the uk HomeOffice will refused me just cause i was an overstayer and i was served with a 1 year re-entry ban. how do i make the application?

Please someone help me
Thank you

Hello

You are lucky you got only 1 year, I have seen much longer than that. But collaborating in a voluntary departure usually gets you some leniency.

In theory, these bans don't apply someone coming back as a family member.

However, knowing the Home Office mentality, they are going to feel challenged and any application you submit will go under the microscope.

It's a known fact you tried to immigrate to the UK and being so desperate about it that you overstayed for many years. Then, you left with a 1 year ban then just a few month later you lodge a new application as an EEA family member. They will perceive it as another method to come back to the UK without anything genuine behind. So expect them to make some difficulties including telling you that your relationship is not genuine. So you need to over document and over prove everything you claim in your application.