EEA3 Application, unspent conviction.

[mixme]

Hi there, my partner is looking to apply for Permanent Residence and is an EEA national that has worked and lived here for over 6 years. Problem is, he's done time for a crime prior to living in the UK...... 3 yrs as his car was used in a robbery. The judge deemed him an accessory because although he wasn't involved, the use of his car weighed heavily against him. So his conviction can never be spent.

Is there a chance that if he applies for PR using the EEA3 he will be refused and then asked to leave the UK, hauling me and our kid along ( non -EEA) ? Although I am working, we're here coz he's exercising treaty rights. I truly will appreciate experienced and honest responses.


Thanks

[fysicus]

Although three years is quite a severe sentence, a single conviction should not automatically result in an application under the EEA rules being refused.
But if you do not want to take the risk, there is no need for your partner to apply for (confirmation of) PR. For an EEA national PR has almost no practical benefit. When you will apply for PR for yourself (and maybe also your child) later, the form EEA4 only asks for your own personal history (convictions etc.) and for your partner you only have to provide evidence about five years of exercising treaty rights.

[mixme]

Let sleeping dogs lie aye? Thanks x