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CheGuevara wrote:No affect, you come under EU law and the act comes under local laws - a recent case was won on the basis of the ECO- Visa officer trying to use rehabilitation act.

Carling40 wrote:Hi guys,

I wonder if anyone can shed some light on this, I submitted an EEA2 as a married spouse, however i was disqualified for driving for 6 months 2years ago,(reason i had got 12points on my licence) which i now understand is classed as spent [/b] and does not need to be disclosed under the rehabilitation of offenders act. however because i was worried i put the information of the ban on my EEA2 application. does anyone know if this might affect my application or make the process longer?

mcovet wrote:I think rehabilitation of offenders has 5 years for an offence to be spent, and there are different scales etc? But, the main thing is that under EU law, you are NOT subject to immigration control, many people don't understand that! An immigration officer or any UKBA official cannot do anything, the only way you can be refused stay or expulsed is on limited grounds and those grounds only:
1) public health;
2) public security;
3) public interest.
I think those ones or smth among those lines. and even if you had some serious offences/being of suspicious character in the PAST (i.e. robbery, terrorist relatives etc.) that alone can NEVER serve as a reason for refusal, you must present a CURRENT PRESENT and REAL risk to the public and only in this case the UK can go against your INHERENT right of joining/accompanying the EEA national!
Capish? and thus your lousy little disqualification can never lead to the refusal, remember you ARE NOT SUBJECT TO IMMIGRATION CONTROL!

Your EEA2 application is just CONFIRMATION of your right and not application for a permission! you are here because the EEA national is here, and there are no "borders" in the EU, it's like one big country, they can't expel someone who is a citizen of that "country" from it, right! So, the same extends to the family members of those citizens! (that is to put it in very general terms to give you the idea of your INHERENT right, for the confirmation of which, and ONLY the confirmation, you applied)

You can walk all over the immigration officers and so on, of the UKBA if they try to act smart with you.

Hope this helps! Now Mcovet

Thank you Mcovet, I see where your coming from, appreciate your insight and detailed info.

Carling40 wrote:Hi guys,

I wonder if anyone can shed some light on this, I submitted an EEA2 as a married spouse, however i was disqualified for driving for 6 months 2years ago,(reason i had got 12points on my licence) which i now understand is classed as spent [/b] and does not need to be disclosed under the rehabilitation of offenders act. however because i was worried i put the information of the ban on my EEA2 application. does anyone know if this might affect my application or make the process longer?

Carling40 wrote:

CheGuevara wrote:No affect, you come under EU law and the act comes under local laws - a recent case was won on the basis of the ECO- Visa officer trying to use rehabilitation act.

thanks for your response, have you got the link to the recent case you described?