EEA 4 permanent residence and criminal record

[mmjane]

Hi, maybe someone would be able to help. The family member of an EEA citizen is currnetly on a EEA2 residence permit and soon will be applying for an EEA 4 permanent residence. Meanwhile , his EEA family member is about to receive a criminal record from his country of origin ( in the EU, not UK)
Can the unmarried partner be now refused permanent residency even though he not himself been convicted.
Or if we apply before the sentence is actually recorded will Home Office check the status from this country? They have both been living in teh UK for the past 6 years, thank you

[fysicus]

EEA applications can be refused on grounds of Public Policy, Public Health or Public Security, but generally a single conviction would be a weak basis for such a refusal.

I would advise to answer all questions in this area on the application form truthfully, as non-disclosure would be regarded as fraud or deception which in itself is a reason to reject the application (or revoke a residence card when it is discovered later).

In fact, the EEA4 form only asks about convictions of the applicant(s), not about the EEA-sponsor, so convictions of the sponsor are irrelevant for the applications of his dependants.
Of course, the EEA-sponsor would have to disclose the conviction if he chooses to apply for PR using the EEA3 form, but again: a single conviction is no automatic ground for refusal.

[mmjane]

Thank you, is the application for EEA3 compulsory since as a member of an EU state the person has a right to reside in the UK anyway? would it be better to appy just for EEA4 in this case?

[emmyemmy]

hi every body,i just joined this forum and would realy need ur help.i got married to my eea partner sept 2006,but before we were married we were both living together ,but only have our tenancy agreement and letters from her school as she was studying. She started working in april 2009 and i got my resident card 2009.i was also paying her school fees and have got a statement from my bank that shows that her college has taken money from my account.my question is,its been five years we have been living together,can i use our tenancy agreement and letter from her collge as prove that we have been living together?
Srry 4 the long post.i realy hope some one could help.