rejection of EEA family permit due to criminal record?

[ssumo]

Sorry, I posted my question in the wrong forum before...

my sister (french) is married to a brazilian man. she has been living in the UK for 3 years, he wants to join her and apply for an EEA familiy permit.

When he was younger, he spent 3 years in prison due to drug trafficking in the US and got deported after this. Since he's been living in Brazil he really changed, his criminal record over there is clean. He's working as a teacher, good member of society...

Having spent more than 30 months in jail, he will never be rehabilitated under UK law as I read in one post.

She is desperate. They got to know in Brazil, lived there for some months together, then she came back to the UK.

I told her they should not lie when he applies for the Visa, I'm sure they can deport him after years in the UK if they find out he was withholding info. Am I right or not?

Would the former conviction and deportation allow them to refuse the EEA familiy permit at all? I read in a post that there is no life time ban under EU law for familiy members even though he will never be rehabiliated. Thats confusing me.

I also wonder if they can deport her if they find out she knew that he was withholding information. I heard that it's possible to deport EU - citizens from a member state if they commit a serious crime. I am not wanting her to destroy her life, she accomplished a lot in the UK!

Please let me know your answers, our family is about to split over that problem, and at the moment we are literally walking in the dark.

Thank you

[Obie]

Firstly, your sister's status will never be affected because of his husband. Next , even though her husband had committed a serious offence in the past, it will not affect his chances of obtaining an EEA family permit, if he can show his presence will not pose a treat to the interest of Public policy, a certain period has elapsed since his conviction, and his whole life has transformed since then. Evidence of him teaching and earning, will help reinforce the fact that he is reformed.

[ssumo]

Thanks Guru.

So I was right telling they should say the truth when he applies for the Visa.

I don't know if he'll provide full info. He's scared of the UK border agency, I was trying to convince him for weeks to be honest, I am not sure what he'll do. What he did was very bad, but he deeply regrets it and he's very ashamed.

What would happen if he withholds that info and they found after he got established in the UK?

[CheGuevara]

Thanks Guru.

So I was right telling they should say the truth when he applies for the Visa.

I don't know if he'll provide full info. He's scared of the UK border agency, I was trying to convince him for weeks to be honest, I am not sure what he'll do. What he did was very bad, but he deeply regrets it and he's very ashamed.

What would happen if he withholds that info and they found after he got established in the UK?

They cant do jack to him like Obie explained.
read this- http://www.immigrationboards.com/viewto ... 551efab764

[ssumo]

Hi Che

yes I was reading that thread carefully. The thing is just that I can't force him to be honest, you feel me?

My question therefore is: what would happen in the worst case if he lies and they find that out for whatever reason once hes in the UK?

What would that mean for him and my sis?

[CheGuevara]

Hi Che

yes I was reading that thread carefully. The thing is just that I can't force him to be honest, you feel me?

My question therefore is: what would happen in the worst case if he lies and they find that out for whatever reason once hes in the UK?

What would that mean for him and my sis?

Nothing, they can try to be ackward but cant really do much- its not in the EU laws