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Can I enter to EU country if I have a 1 year ban in the UK?

Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Mafalda
Newly Registered
Posts: 3
Joined: Tue Aug 06, 2013 11:53 am
Location: United Kingdom

Can I enter to EU country if I have a 1 year ban in the UK?

Post by Mafalda » Tue Aug 06, 2013 11:56 am

Hi,
I am a Non EU citizen but married with a EU national and I got a refusal letter for a UK residence card because of lack of evidence (although we count with all the papers to show that my husband is exercising his treaty rights in the UK). Therefore, I appealed to the First-Tier Immigration tribunal but I will need to leave the country before the date of my oral hearing, so I will probably get a 1 year ban to entry to the UK because of the period of "overstaying".
I am flying my to my home country but, afterwards, I will need to travel to other EU countries for three weeks (NOT to the UK)...can I travel to other EU countries if a have a ban in the UK? I am not planning to stay, just travelling for 3 weeks.
Is there any written information about this?
Thank

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Aug 06, 2013 12:12 pm

What evidence was lacking?

EEA family permit applications are not subject to the one year ban.
Last edited by vinny on Tue Aug 06, 2013 1:02 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Mafalda
Newly Registered
Posts: 3
Joined: Tue Aug 06, 2013 11:53 am
Location: United Kingdom

enter to EU with ban in UK

Post by Mafalda » Tue Aug 06, 2013 12:27 pm

But I received a refusal letter for a residence card, in that case, will I be banned to enter to the UK for a year if I leave voluntarily?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Aug 06, 2013 12:39 pm

It depends on the type of Entry clearance application.

Do click on the given links for more info.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Can I enter to EU country if I have a 1 year ban in the

Post by Directive/2004/38/EC » Fri Aug 16, 2013 2:58 pm

Mafalda wrote:Hi,
I am a Non EU citizen but married with a EU national and I got a refusal letter for a UK residence card because of lack of evidence (although we count with all the papers to show that my husband is exercising his treaty rights in the UK). Therefore, I appealed to the First-Tier Immigration tribunal but I will need to leave the country before the date of my oral hearing, so I will probably get a 1 year ban to entry to the UK because of the period of "overstaying".
I am flying my to my home country but, afterwards, I will need to travel to other EU countries for three weeks (NOT to the UK)...can I travel to other EU countries if a have a ban in the UK? I am not planning to stay, just travelling for 3 weeks.
Is there any written information about this?
Thank
In what way is your husband exercising his treaty rights in the UK? If he is then you are fully legally in the UK. Very very unlikely that you will get any sort of ban from the UK, and if you did it would likely be illegal and you should consider suing the government with the help of a good lawyer.

Why exactly were you refused the RC?

It is a likely a big mistake to consider leaving the UK at this point.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Can I enter to EU country if I have a 1 year ban in the

Post by askmeplz82 » Fri Aug 16, 2013 4:44 pm

Mafalda wrote:Hi,
I am a Non EU citizen but married with a EU national and I got a refusal letter for a UK residence card because of lack of evidence (although we count with all the papers to show that my husband is exercising his treaty rights in the UK). Therefore, I appealed to the First-Tier Immigration tribunal but I will need to leave the country before the date of my oral hearing, so I will probably get a 1 year ban to entry to the UK because of the period of "overstaying".
I am flying my to my home country but, afterwards, I will need to travel to other EU countries for three weeks (NOT to the UK)...can I travel to other EU countries if a have a ban in the UK? I am not planning to stay, just travelling for 3 weeks.
Is there any written information about this?
Thank
HI don't leave UK at all. if it was just because of Exercising treaty right don't worry

My friend was refused for the same reason last year because his wife wasn't working at all. She was Swedish national. So he asked his manager to hire his wife. Then later he submitted fresh new application and now he have 5 years resident card

You are said to be exercising Treaty rights if you are:

employed or self-employed; or
studying; or
economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
retired; or
someone who has had to cease working in the UK owing to permanent incapacity.

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