PREVIOUS DECEPTION & EEA APPLICATION.

[PLUZZ]

Hello Honourable members of the Forum, i just have a little question i'll like someone to clarify for me.

I have previously made an application to HO under the UK immigration rule using my name and D.O.B. which was refused. I have now submitted a new application under the EU rules for a residence card using the same name, but different D.O.B, and a different place of Birth.

Will this previous deception affect my application under the EU rules? Can someone point me to any legal link/document that relates to my question .

Many thanks .

[sheraz7]

No immigration law/regulation tolerate deception even a settlement acquired by deception is cancellable.

[Amber]

Depends did the previous date/place of birth have any material bearing on the case?

[Pablito]

Theoretically your previous immigration status does not matter if you make an application under EU rules but expect to have hard time getting your residence card, at least it most likely won't go without appeal and better don't use deception this time.

[dalebutt]

Previous deception cannot be a barrier to confirmation or right under the regulation, if they refuse on that basis only it will fail at the tribunal, I would expect caseworker to write to you to clarify that deception, but do not hold your breath on that one. You will be fine.

[Imshzd]

Previous immigration history not effect under EU regulations,

But

As you previously refused from HO,So May be case worker arise some questions on your relationship

You have to be ready for interview etc.

[Amber]

I'm afraid it can be refused on grounds of public policy, though, would have to be severe e.g. Deception because you were really a wanted criminal. The more important issue would be that the HO would have to be satisfied you are who you say you are.

It's not uncommon for people to have incorrect DOB and/or place of birth, it should not be an issue.

[dalebutt]

Public policy ground have certain thresholds to be met before an application will be refused under it, under EU law, what matter is not the previous crime of the individual, it is the propensity to commit further crime that can justify a refusal on public policy, Nnamdi Onuekwere V THE SECRETARY OF STATE FOR THE HOME DEPARTMENT, is a good case that highlights the threshold that needs to be met before an application can be refused under public policy.