overstayed in uk can get eu4family card in ireland

[humblebee]

Hi I am new to the forum
We are living in the italy right now me uk national and my husband non eu . currently on 3 months eu family member visa we will be travelling to Ireland soon this is where we want to settle down .
Query is
My husband lived and overstayed in uk I could not get him married at that time just because of certificate of approval whih has been abolished now.
We were in 6 months relationship when he was removed from uk in .
I went to his home country and stayed with him then after . then he got another passport middle name and date of birth changed from previous details in uk. Now we are in italy and I want to move to Ireland and settle there hw will be coming with me and we will be applying for residence card once we are in Ireland now .
Can someone tell us
What about his past is it buried with his new name and date of birth will it keep haunting us.
And can his residence card in Ireland be refused on the basis that he over stayed and been removed from the uk.
But I have been told by someone as he is married to eu national its not going to be a problem but I am still worried as don’t want to live apart from his.

No 2 if we write a explanation letter when apply for his residence card once in Ireland and explain every thing is it going to work or what shall we do.
Can his residence card be refued if Ireland find out about his previous stay removal from uk and entering on new details etc
Many thanks again realy appreciate you advice as I am thinking too much and don’t know what to do

[Humanity]

The new detail is completely a new identity , it might not come up unless he has been finger-printed in Uk. Since you stated he was removed from UK, the chances are high. Also, going about ' creating a new identity' is not something people will condone/seek a 'private advise'. Ireland might not find out, but on the Visa section form they will ask about his travel history etc..that's where it gets tricky. Coming clean with Ireland might not be in your favour...then again you applying as EU citizen, you don't need to open up much. EU law should work in your favour.

Just my thought not a legal adviser one.

[Monifé]

Did your husband enter the UK on a passport with a false date of birth? Or did he use his real passport and then when he was removed to his home country where he applied for a new passport with a false date of birth?

If he using his bona fide (real, correct date of birth) passport now, then there shouldn't be many problems.

I would say be as open and honest when applying for the residence card in Ireland because if you are found to be lying, then that is a much bigger problem. Removal from another country does not result in an automatic refusal. EU law is very powerful and you, as an EU national, have the right to have your husband live with you in another EU country other than that you are national of. Apply for a join EU spouse visa to Ireland and once you have established yourself (found a place to live and start looking for jobs yourself), then apply for the residence card. It asks on the application form have you ever been deported from another EU country, I think you should be honest about this, if possbile.

If he is using a false (or forged) passport now with an incorrect date of birth, you are going to run into problems, if not soon, you will later on. Also, if his birth cert doesn't match his passport, that is a major problem.

[humblebee]

many thanks what we want we want to be honest but we want to know how we can put the things in right order.


my husbands visa expired and he lost that passport still not found .

when he was taken to immigration centre he was finger printed etc.
as he has lost the passport they never had his original passport to establish who he realy is they have to interview him
he was very nervous so he keep telling them he has a valid visa telling them different names and date of births.
but they could not verify them details eventualy he gave them real name under what he inter the uk next question is it you or agent give you this passport he said agent give me this now they put that name as only travel under asked your real name he gave different then he was sent to home country under that waht a mess.
now coming back he only changed date of birth and middle name under he traveled previously to uk.
so god knows what can be done now and he cant go back to real name as new passport has been issued so how we can explain these in a letter or what.

he is using original passport its not fake.
i think its a big mess now but there shoyuld be some way to come out of this we realy want to know how we can do this.
or better to saty silent

[Humanity]

If he gives 100 false names , In Uk they will record each name alongside his finger prints. You can only have one finger print, all other names will be alias and even date of birth will be alias against his finger print. In Uk , you now need Biometrics to get any sort of Visa, he can not enter with that new ID he just created. Your best chance now, is for you to reside in Ireland and gain the citizenship after 5years. The past might still come back if he gets caught committing an offence if he ever visits UK with Irish Passport but he should be fine. Play it safe in Ireland, and just enjoy your EU rights with less scrutiny. It's not too late to correct the mistake either....he can go back to his home country( get a new passport) and use the original details he gave UK embassy. I doubt any country will refuse him entry if he is exercising his EU treaty right regardless of the fact he was deported from Uk.

[Monifé]

If he gives 100 false names , In Uk they will record each name alongside his finger prints. You can only have one finger print, all other names will be alias and even date of birth will be alias against his finger print. In Uk , you now need Biometrics to get any sort of Visa, he can not enter with that new ID he just created. Your best chance now, is for you to reside in Ireland and gain the citizenship after 5years. The past might still come back if he gets caught committing an offence if he ever visits UK with Irish Passport but he should be fine. Play it safe in Ireland, and just enjoy your EU rights with less scrutiny. It's not too late to correct the mistake either....he can go back to his home country( get a new passport) and use the original details he gave UK embassy. I doubt any country will refuse him entry if he is exercising his EU treaty right regardless of the fact he was deported from Uk.

Agree with the last part of this post. Your husband should return to his home country and obtain a passport with his real name and real date of birth, that way you will have less complications down the line. You can then apply for the visa to Ireland and be honest about his deportation from the UK. EU treaty rights are very strong rights of EU citizens and he should still be granted a visa to enter and remain in Ireland, despite his deportation from the UK.

[Irisheddy]

In Uk they will record each name alongside his finger prints. You can only have one finger print, all other names will be alias and even date of birth will be alias against his finger print. In Uk , you now need Biometrics to get any sort of Visa, he can not enter with that new ID he just created. Your best chance now, is for you to reside in Ireland and gain the citizenship after 5years. The past might still come back if he gets caught committing an offence if he ever visits UK with Irish Passport but he should be fine. Play it safe in Ireland, and just enjoy your EU rights with less scrutiny. It's not too late to correct the mistake either....he can go back to his home country( get a new passport) and use the original details he gave UK embassy. I doubt any country will refuse him entry if he is exercising his EU treaty right regardless of the fact he was deported from Uk.

Don't forgetrecent legislation. All immigration info for the UK and Ireland is now being shared. SO his fingerprint will be avilable for Irish immigration officials as well