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i was on studentvisa in uk from 2005 to 2010 july in uk. i have completed my BA from thames valley uni london in 2006 and then kept on extending my student visa through small colleges, but in oct 2008 i applied for PSW through a bogus college, and the home office refused my visa with deception and then i applied in another category as my student visa was valid till april 2009 and gave me no right to appeal , so i applied for student extension and didnt got any reply till june 2010. i applied through a law firm and , finally i withdraw my application and went back to my home country india in july 2010 with in 28 days voluntarily and they refused my application on my psw issue. AT Present i am in india married for last 3 months, she is a portuguese citizen living in india and we we were in love for 5 years , i have all evidences like emails,cards, phonebills,photos to prove we know each other for 5 years before marriage. my question is we are planning to come back to uk and i want to apply for EEA FAMILY PERMIT , my wife is born in india but claimed portuguese passport due to her mother and never been to uk. we live presently together in india. i think i have a ban for one year for deception. do you think i can apply for EEA permit with her and go together to uk at the moment. thanks

the ban is for non marriage visa,it does not apply to you if you r seeking to come back as a husband to an eu person.but for your case to be credible,impregnate your wife then you will be allowed in.

toni34 wrote:the ban is for non marriage visa,it does not apply to you if you r seeking to come back as a husband to an eu person.but for your case to be credible,impregnate your wife then you will be allowed in.

Yes you can apply. No need to make pregnant anyone.

yea you dont need to make her pregnant but guy look at it from this angle,you have a bad immigrational history and it will be difficult to convince them ,make it easier for you by following my above advise.

toni34 wrote:yea you dont need to make her pregnant but guy look at it from this angle,you have a bad immigrational history and it will be difficult to convince them ,make it easier for you by following my above advise.

The bad immigration history is irrelevant. The grant of family permit under EU law is not discretionary. If they refuse, op can appeal. If they have to refuse, they refuse even with children. There are other things which can prove their relationship is genuine. One of the odd things is to plan pregnancy for visa. If they still refuse after pregnancy, then what abortion? I will be reluctant to give such an advice to anyone.

toni34 wrote:impregnate your wife then you will be allowed in.

One of the MOST ridiculous things I have ever heard on this forum!

I second Monifé. Sounds ridiculous

Tahir Bashir wrote:

toni34 wrote:yea you dont need to make her pregnant but guy look at it from this angle,you have a bad immigrational history and it will be difficult to convince them ,make it easier for you by following my above advise.

The bad immigration history is irrelevant. The grant of family permit under EU law is not discretionary. If they refuse, op can appeal. If they have to refuse, they refuse even with children. There are other things which can prove their relationship is genuine. One of the odd things is to plan pregnancy for visa. If they still refuse after pregnancy, then what abortion? I will be reluctant to give such an advice to anyone.

Thank you so much for your advice and i am not thinking about anyfamily planning at this moment and dont want to do for the sake of me getting the eea permit little easier just wanna ask can i apply when my wife is in my home country if she gives evidence that she intends to exercise treaty rights when she comes to uk and can we come together. please do give advice thanks

It is irrelevant what your wife's intent is and exercising treaty rights only comes into play after three months of residence. The requirements are a genuine marriage duly recorded, properly certified and translated if necessary and valid passports.