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Good character - Registration Certificate

Posted: Thu Nov 12, 2015 1:16 pm
by mena
I am going to start work in England. I am EU national and my husband is going to apply for a residence card as my family member. In EEA(FM) form is a question:
Have you ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?
My husband got in January 2013 second passport and did not disclose that he had had another passport before. Also he came to Poland illegaly February 2013. Now he has a residence card issued in Poland. Should I mention it in the form? or just answer no
I would be grateful for answer

Re: Good character - Registration Certificate

Posted: Thu Nov 12, 2015 2:29 pm
by noajthan
mena wrote:I am going to start work in England. I am EU national and my husband is going to apply for a residence card as my family member. In EEA(FM) form is a question:
Have you ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?

...
Should I mention it in the form? or just answer no
I would be grateful for answer
This is a grey area.
For example, "activities" could be interpreted as multiple events rather than an isolated one-off incident.
There is the question of mitigating factors, and elapsed time since any incident;
also any compensating 'good acts' that the applicant may have also done.

The following guidance is for UK naturalisation (not for EEA-related applications such as RC) but it may give a steer on how the land lies:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
- 'illegal entry' is mentioned but only in the context of UK, (not other countries, not Poland).

Re: Good character - Registration Certificate

Posted: Thu Nov 12, 2015 2:47 pm
by secret.simon
I would interpret illegally entering any country, especially any EU country, as lack of good character.

But even if you were to mention it on the form, the UK will have to issue your husband the appropriate documentation. EU law only looks at the relationship with an EU citizen and makes it obligatory to issue the relevant documentation. It can only be refused on the grounds of national security or public health. Even serial offenders & criminals must be issued the relevant documentation, so long as they are not a threat on the two grounds listed above. So, your husband can not be refused entry into the UK.

As this is a question regarding the EEA(FM), can the mods move it to the EEA Route Applications forum?

Re: Good character - Registration Certificate

Posted: Sat Nov 14, 2015 6:42 am
by mena
Thank you very much for a replay.
It means that they can not refuse my husband also for withholding information in the application process in case if he answer no to the question mentioned above?