EEA Family Permit help - Banned from a country

[neetudolly]

Question: 6.6 Have you ever been deported, removed or otherwise required to leave any county, including the UK in the last 10 years

In 2013 I was leaving Australia, I was on a student visa. I overstayed by ONE DAY and when leaving the immigration officer pulled me aside and informed me that I will be receiving a 3 year ban for overstaying in the county. My sister bought my tickets and she got mixed up with the dates, that was the reason why I overstayed. I was just naive, thinking it wouldn't be a problem but it was lol

Do I have to mention this for that question or at all? I did buy my own ticket and leave on my own. Just really confused if it has anything to do with the question or not. If I do need to mention it, will it affect my application? I will be applying for the visa on 22nd April as a spouse of an EEA national. Excited & Nervous

Thank you for reading and helping.

[sagareva]

1- hard to answer without knowing aussie law. technically, in analog situation in the uk if you had been served with an infamous airside notice they tend to interpret it as"yes" although if this results in deception refusals judges often side with applicants (it is natural for a person who was leaving anyway and literally getting on the plane to be thinking that they were leaving of their own accord ). in australia what exactly you were served with and what did it say, i don't know. a future ban and notice of being liable for removal right now are different things. it is only if you were served with some paper that said you were required to leave the country -- and generally only UK bothers issuing these to people who are already leaving (usually to boost "removal statistics") -- so my advice would be no answer "no" probably, but maybe qualify this in a covering letter in two brief phrases. chances that they know about it are zero.

2 - that being said, none of this would affect your EEA application in any way. in fact even if you were deported from the UK previously on a personal plane paid for by the tax payers, and Teresa May flew along herself to make sure you were out, even THAT would not affect your EEA rights once you somehow came back in.

[chriskv1]

My advice would be to not hide anything , They can't reject you on the basis of what happened to you so why hide it?
Attach a covering letter with your application explaining what happened .

Unless you were banned for public security reasons , Your EEA application will do fine .