revocation

[rachel29]

Does anyne have experiance of writing to have exclusion order removed?Or what should be put in the application/letter?


if anyone thinks they may be able to help just pm me and I can forward more detail . Or can give some extra details as needed.

We are married(briths and noneu spouse) , living in europe on eu directive, with dual nationality british/european children.

[rachel29]

Sorry know can go to solicitor but as allready been with solicitor for spouse visa that said everything should be fine and after appeal was very confident just to have itcome back negative. Also contacted solicior but just seem intrested in getting there money and give little in put about the case or the likely hood of positive out come.

[Obie]

On what basis was the exclusion made. Was it an exclusion order or an exclusion decision.

Are you seeking to enter the UK on an EEA family permit? Have you exercised treaty rights in an economic activity in another memberstate.

Is this non-EU guy the father of the children in the family.

[rachel29]

FRS6 THINK ORDER whats the difference?

SELFSUFFICENT

YES- previously applied for spouse refused due to exclusion not informed about exclsuion till refusla after embassy having application for 3+ months.

YES

[rachel29]

have just looked at the difference between exclusion order and exclusion decision and below believe it is a decision if the detials below are full. My husband is non eu.

Exclusion decision
This can be made against a non-European Economic Area (EEA) national. Exclusion prohibits a person entering the UK if their presence in the UK is deemed not to be conducive to the public good.

The power to exclude a person from the UK is currently exercised by the Home Secretary. It is a non-statutory power and potentially very broad. The exclusion remains in place until it is revoked by the Home Secretary.
Exclusion is not an immigration decision, as defined by section 82 of the Nationality, Immigration and Asylum Act 2002, and does not have a right of appeal. Non-EEA foreign nationals who are excluded by the Home Secretary may request a judicial review of the decision.
Exclusion order

This can be made against an EEA national. Under regulation 19(1B) of the EEA Regulations 2006, as amended, the Secretary of State can make an exclusion order against an EEA national or their family members on the grounds of public policy, public security or public health.
An exclusion order can only be made against a person who is outside the UK. The effect of the order prohibits the person’s admission to the UK. The exclusion remains in place until it is revoked by the Home Secretary.

[rachel29]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Would someone please read this document specificaly pages 11-12 and give me there interpretation?

feel like I might be reading it and interpreting it to what I want to hear.

[rachel29]

by the way his sentence was just over 5 months and is classed as spent which we have document stating this. any help would be greatly appreciated as cant get a hold of where we stand .

[rachel29]

can anyone help ?

is kind of urgent as funeral to attend now as well

also convictions spent

[Obie]

Apply under the EEA regulation or seek entry at the border using your Irish nationality.

Hope he has a residency document in the other EEA state, confirming he has resided there.

I have also replied to your private late.

[rachel29]

i am only british and not working my children are irish and british but only one got british passport and we applied twice the first was document issue they said but document was supplied the sceond was the exclusion mentioned again could you suggest what standing under eu might be avaliable if any or do i need to look urgent for some sort of job even though am allready looking .

[Obie]

In those circumstances , you may need to find a job, but in the meantime you spouse will need to write a detailed submission, apply to have the exclusion decision revoked , before he will be able to qualify to apply for spouse visa.

However if you find a job, he may not need to follow this procedure.

I believe circumstances have changed, which will give weight to the revocation, such as the conviction having been spent and the family life he has with you and your children.

[rachel29]

Does this seem ok for this purpose allready wrote in april no reply back.
Dear Sir/Madam

URGENT FUNERAL TO ATTEND
I am ******** D.O.B ******** HO No:*******.
I recently applied for a FAMILY PERMIT under EU directive to enter the UK but was refused stating:
Regulation 19(1A) states "A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if that person is subject to a deportation or exclusion order".
T he EXCLUSION DECISION was made due to me returning home under the FRS scheme after conviction in the UK. This conviction is now SPENT and I have no unspent convictions in the UK or any other country.
I also believe that my circumstances have changed as I am now married to my British wife and have two EEA children and am resident in the EU.
I also believe that the following guidelines apply in my case:
Before 2010, exclusion decisions were routinely made in cases where a returnee did not meet the criteria for deportation but left the UK under the terms of the FRS. Exclusion is no longer applied in these cases.

Paragraph 320(7)(B)(iv) of the Immigration Rules provides for a mandatory refusal of entry clearance for a minimum of two years for persons who left the UK under the terms of a government sponsored scheme, such as FRS:
• within six months of the date when they were given notice of the removal decision, or
• no more than six months after the date when the person no longer had a pending appeal, whichever is the later.

Under paragraph 320(7)(C) these exclusion periods do not apply if entry is being sought:
• as a spouse, civil or other partner
• as a parent, grandparent or other dependent relative for access to a child.

As with deportation orders made under the 1971 Act there are cases where the subject of a non-EEA exclusion decision now benefits under the EEA regulations.

Consideration must be given to whether an exclusion order must be made under the EEA regulations. This is a higher test than for non-EEA cases and cannot be based solely on the person’s previous criminality. It must demonstrate the person’s exclusion on public policy is justified on the grounds they represent a genuine, present and sufficiently serious threat as set out in regulation 21(5) (c) of the Immigration (EEA) Regulations 2006.
Regulation 21 (5) of the 2006 Regulations sets out the threshold that needs to be met before an EEA national, or member of their family, can be excluded:
 The decision must be proportionate.
 The decision must be based solely on the personal conduct of the person concerned.
 The personal conduct of the individual must represent a genuine, present and sufficiently serious threat affecting a fundamental interest of society. Whatever the person has done in the past, there needs to be evidence of a present threat.
 Matters isolated from the particulars of the case or a person’s previous criminal convictions do not in themselves justify the decision.
I there for ask for the Exclusion decision to be considered for revocation immediately.

Regards