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Non eu spouse / with criminal record

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Amal1991
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Non eu spouse / with criminal record

Post by Amal1991 » Sun Aug 09, 2020 10:09 pm

Oh boy where do I start .
Iam an eu national married to a non eu husband. We've been married for 5 years know each other for 10 we went to the uk on an eea family permit and he received his 5 year residence card but he was accused of a crime and served 11 months and he was removed from the country under the early removal scheme. Any way we are planning to go to another eu country and start a life there. On the Visa application it asks do you have a resedence card and to when is it valid. Should we say yes or no (sence its cancelled now I guess). I dont know how to proceed these.

secret.simon
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Re: Non eu spouse / with criminal record

Post by secret.simon » Sun Aug 09, 2020 10:17 pm

We may be able to advise better if we know which is the new EEA member-state that you are moving to.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Granista
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Re: Non eu spouse / with criminal record

Post by Granista » Tue Aug 18, 2020 11:49 am

Not "accused" of a crime, rather convicted of a crime. Very different matter.

The answer is no, he does not have a residence card, it was revoked when he was deported. How to proceed is to tell the truth.

THO
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Re: Non eu spouse / with criminal record

Post by THO » Tue Aug 18, 2020 1:03 pm

Are you living with him?

What country is he living in now?

What country do you want to go live in?

THO

Amal1991
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Re: Non eu spouse / with criminal record

Post by Amal1991 » Wed Aug 19, 2020 4:26 pm

secret.simon wrote:
Sun Aug 09, 2020 10:17 pm
We may be able to advise better if we know which is the new EEA member-state that you are moving to.
We would like to go to Sweden

Amal1991
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Re: Non eu spouse / with criminal record

Post by Amal1991 » Wed Aug 19, 2020 4:28 pm

Granista wrote:
Tue Aug 18, 2020 11:49 am
Not "accused" of a crime, rather convicted of a crime. Very different matter.

The answer is no, he does not have a residence card, it was revoked when he was deported. How to proceed is to tell the truth.
Yes he was convicted. We will be telling the truth. But the question in the application is do you have another residence card in another country. So I dont know do we say yes. But then he doesnt really have it any more
Or no and write it in the notes or dont mention it at all

Amal1991
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Re: Non eu spouse / with criminal record

Post by Amal1991 » Wed Aug 19, 2020 4:28 pm

THO wrote:
Tue Aug 18, 2020 1:03 pm
Are you living with him?

What country is he living in now?

What country do you want to go live in?

THO
Yes I am
Egypt
Sweden

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Zerubbabel
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Re: Non eu spouse / with criminal record

Post by Zerubbabel » Wed Aug 19, 2020 7:51 pm

Hello

The answer to that question is no. His EEA card was revoked and he was removed from the UK. So at the moment, he doesn't have a card anywhere.

However, you need to truthfully enter his immigration history in the UK. Most often than not, they will find out so you can't hide that.

Depending on the crime however, Sweden may refuse him too as EEA regulations allow for refusals on suitability grounds.

It would all boil down to:

- How serious was the crime
- How long ago was it
- How many other crimes were committed (usually UK courts don't send first offenders to jail for 11 months unless they were involved in a serious thing)

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Re: Non eu spouse / with criminal record

Post by CR001 » Wed Aug 19, 2020 7:53 pm

Zerubbabel wrote:
Wed Aug 19, 2020 7:51 pm
Hello

The answer to that question is no. His EEA card was revoked and he was removed from the UK. So at the moment, he doesn't have a card anywhere.

However, you need to truthfully enter his immigration history in the UK. Most often than not, they will find out so you can't hide that.

Depending on the crime however, Sweden may refuse him too as EEA regulations allow for refusals on suitability grounds.

It would all boil down to:

- How serious was the crime
- How long ago was it
- How many other crimes were committed (usually UK courts don't send first offenders to jail for 11 months unless they were involved in a serious thing)
Topic from last year. Doesn't add too much additional info though.

However to warrant deportation as an EEA FM, it must have been something serious.

https://www.immigrationboards.com/gener ... l#p1805397
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Re: Non eu spouse / with criminal record

Post by Zerubbabel » Wed Aug 19, 2020 8:01 pm

Thank you for the reference.

Yes, to deport EEA nationals or relatives, there must be something compelling. They don't do it for DUI usually.

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Re: Non eu spouse / with criminal record

Post by Granista » Thu Aug 20, 2020 9:03 am

Amal1991 wrote:
Wed Aug 19, 2020 4:28 pm
Granista wrote:
Tue Aug 18, 2020 11:49 am
Not "accused" of a crime, rather convicted of a crime. Very different matter.

The answer is no, he does not have a residence card, it was revoked when he was deported. How to proceed is to tell the truth.
Yes he was convicted. We will be telling the truth. But the question in the application is do you have another residence card in another country. So I dont know do we say yes. But then he doesnt really have it any more
Or no and write it in the notes or dont mention it at all
You don't know how to answer the Question "Do you have a residence card for another country" even though you know the answer is NO, he doesn't as he was deported as a foreign criminal and his card was revoked? You're trying to work out how to get around owning up to it, because you know that you have no chance of gtting into Sweden after committing serious crimes and being deported from another member state.

Amal1991
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Re: Non eu spouse / with criminal record

Post by Amal1991 » Thu Aug 20, 2020 9:37 pm

Granista wrote:
Thu Aug 20, 2020 9:03 am
Amal1991 wrote:
Wed Aug 19, 2020 4:28 pm
Granista wrote:
Tue Aug 18, 2020 11:49 am
Not "accused" of a crime, rather convicted of a crime. Very different matter.

The answer is no, he does not have a residence card, it was revoked when he was deported. How to proceed is to tell the truth.
Yes he was convicted. We will be telling the truth. But the question in the application is do you have another residence card in another country. So I dont know do we say yes. But then he doesnt really have it any more
Or no and write it in the notes or dont mention it at all
You don't know how to answer the Question "Do you have a residence card for another country" even though you know the answer is NO, he doesn't as he was deported as a foreign criminal and his card was revoked? You're trying to work out how to get around owning up to it, because you know that you have no chance of gtting into Sweden after committing serious crimes and being deported from another member state.
Okay first of all you are being aggressive for no reason
Second of all it's better to say NO for anyone because it doesnt lead to further questions. But I asked so we would need be giving false answers and being in the wrong! My question is clear and dont assume stuff and judge others because you dont know what we've been through!

Amal1991
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Re: Non eu spouse / with criminal record

Post by Amal1991 » Thu Aug 20, 2020 9:49 pm

Zerubbabel wrote:
Wed Aug 19, 2020 8:01 pm
Thank you for the reference.

Yes, to deport EEA nationals or relatives, there must be something compelling. They don't do it for DUI usually.
Ita automatically issued for any sentence above 12 . My husband got it earlier because he only had to do 9 (early removal scheme he signed )

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Re: Non eu spouse / with criminal record

Post by Granista » Mon Sep 07, 2020 10:41 am

Yes your question is clear...it is "how do I hide that my spouse is a serious convicted criminal who was deported?" and the answer is "you can't, and don't try to".

Is that clear enough?

Amal1991
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Re: Non eu spouse / with criminal record

Post by Amal1991 » Mon Nov 23, 2020 1:56 pm

No that wasn't my question that's the opposite u just viewed that way because u r a judgemental person who think u r above others .

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