Drug trafficking conviction

[naija99]

Dear forum

Does anyone know whether a non-EEA family member (father) who was deported from Amsterdam after serving an 8 year sentence for drug trafficking can now enter the UK as a family member of an EEA national (daughter).

The sentence was from 1995 to 2003. He was deported straight to Nigeria in 2003 and has no further convictions since that date.

[noajthan]

Dear forum

Does anyone know whether a non-EEA family member (father) who was deported from Amsterdam after serving an 8 year sentence for drug trafficking can now enter the UK as a family member of an EEA national (daughter).

The sentence was from 1995 to 2003. He was deported straight to Nigeria in 2003 and has no further convictions since that date.

Is daughter a dual national of anywhere?

Is there evidence of dependency?

See HO guidance on these matters:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- page 17+

[naija99]

Thanks noajthan
Dutch do not allow dual nationality
She has evidence of dependency
The issue is her father is in Nigeria so will need to apply for a family permit. Will the issue of his criminal
Conviction come up although it took place in Amsterdam and it's more than 10 years since the date of the end of his sentence

[naija99]

Does he have to declare the conviction in light of the fact that it is over 10 years? The VAF5 asks the following question:-

Do you have any criminal convictions in any country (including traffic offences)?

Would the conviction now be 'spent' in Holland?

[Casa]

The conviction needs to be declared.

[Richard W]

'Public policy' is as clear as mud, but the Cameron's European Deal - European Council conclusions Annex VII offers, as one of the 'clarifications':

The Commission will also clarify that Member States may take into account past conduct of an individual in the determination of whether a Union citizen's conduct poses a "present" threat to public policy or security. They may act on grounds of public policy or public security even in the absence of a previous criminal conviction on preventative grounds but specific to the individual concerned. The Commission will also clarify the notions of "serious grounds of public policy or public security" and "imperative grounds of public security". Moreover, on the occasion of a future revision of Directive 2004/38 on free movement of Union citizens, the Commission will examine the thresholds to which these notions are connected.

.

That suggests that the father might get a family permit if the application is decided before the referendum, but not if it's decided afterwards and the UK seems set to stay in the EU or to actually leave the EEA. Trying to dig around, the type of drugs being dealt might also be relevant. If they were Class A, then refusal is much more likely.

"Might get" includes winning on appeal.

In principle, the likelihood of re-offending should be taken into account - evidence of poor health might help the application!

I hope someone can do better than me on finding out what "public policy" is.

[naija99]

Thanks Richard W - that's really helpful.
It was Class A unfortunately. He's also in good health, so no help there!