# EEA family permit and criminal record



## Coral28 (Aug 7, 2013)

Hi there, 
I hope somebody can give me some information about my husband´s EEA family permit and his conviction.
I am Spanish. I have been living in England for 5 years then I moved one year to Mexico for work and now I am going back to England. I got married the 1st August in Mexico with a Mexican guy and I want him to come with me to England as my time in Mexico has runned out. The problem is that 7 years ago, when he was 18 he was convicted to 1 year and 1 day for drug dealing in USA, but he got released after 8 months for good behavior. As we are married we wanted to apply for the EEA family permit in the UK so he can join me in England. Do you think he can be rejected because of his conviction. After he was released he finished his studies and started working in a hotel first as intership, then recepcionist and now recepction manager. I mean he did something wrong long time ago but he has proved he has changed. Can somebody tell me if his EEA family permit can be rejected even if we are married because of his past?

I really appreciate some information about this as I am really concerned.

Kind Regards,


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## Joppa (Sep 7, 2009)

Home Office has fairly broad powers to exclude EEA national and/or their family members on public safety and security grounds. Drug dealing would fall under the category of possible exclusion. Question 6.9 on the application specifically asks if you have any criminal conviction in any country. As there is no hard-and-fast rule, he needs to make out a case why he no longer poses a threat to the public if admitted. He should give brief details of the offence, the punishment and jail term served, how he takes responsibility for his actions, that he has learnt a hard lesson and will not re-offend. 
Read how they consider possible exclusion in http://www.ukba.homeoffice.gov.uk/s...a-swiss-ec/eea/exclusions-eea.pdf?view=Binary
While there is no guarantee it will be successful, his honesty and taking responsibility will help his case.


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## Jrge (Mar 22, 2011)

Hi,


Coral28 said:


> Hi there,
> I hope somebody can give me some information about my husband´s EEA family permit and his conviction.
> I am Spanish. I have been living in England for 5 years then I moved one year to Mexico for work and now I am going back to England. I got married the 1st August in Mexico with a Mexican guy and I want him to come with me to England as my time in Mexico has runned out. The problem is that 7 years ago, when he was 18 he was convicted to 1 year and 1 day for drug dealing in USA, but he got released after 8 months for good behavior. As we are married we wanted to apply for the EEA family permit in the UK so he can join me in England. Do you think he can be rejected because of his conviction. After he was released he finished his studies and started working in a hotel first as intership, then recepcionist and now recepction manager. I mean he did something wrong long time ago but he has proved he has changed. Can somebody tell me if his EEA family permit can be rejected even if we are married because of his past?
> 
> ...


Whilst it might not be an straight forward application, it seems the nature of his conviction was for a minor offense (intent to deliver a few grams), and the sentence was only given with the full intention to get him deported/removed (12 months + 1 day)

I would recommend to draft a short and honest letter detailing briefly the mistake made during his teenage years, but more focusing on the recovery and further improvement. One of his advantages is that his main charges aren't coupled with any weapons and/or aggravated assault.

Please be advised this might not go without a fight, but his EEA-FP will be approved.

Animo
(Cheers)


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## Coral28 (Aug 7, 2013)

Hi guys, 

Thank you so much for your help. We have already written the letters (one each) explaining the issue and above all what he has done after he was released. Actually the 1 year and 1 day it was because he was going to be sent to de county jail sharing cell with more people and he didnt want that, he wanted to be by himself so his lawyer dealt with the judge to be sent to the state prision but the minimun sentence to be sent there was 1 year and 1 day and he accepted it. There was no weapons and/or aggravated assault. But I am not sure how we can prove this as after he left prision he binned all the papers related to his sentence as he just wanted to forget about it. Is the Uk border going to check it and find out why the sentence was 1 year and 1 day or are they not going to bother? Should we explain this on the letter as well?
Thank you so so much again for your help!!


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## Jrge (Mar 22, 2011)

Hi,


Coral28 said:


> Hi guys,
> 
> Thank you so much for your help. We have already written the letters (one each) explaining the issue and above all what he has done after he was released. Actually the 1 year and 1 day it was because he was going to be sent to de county jail sharing cell with more people and he didnt want that, he wanted to be by himself so his lawyer dealt with the judge to be sent to the state prision but the minimun sentence to be sent there was 1 year and 1 day and he accepted it. There was no weapons and/or aggravated assault. But I am not sure how we can prove this as after he left prision he binned all the papers related to his sentence as he just wanted to forget about it. Is the Uk border going to check it and find out why the sentence was 1 year and 1 day or are they not going to bother? Should we explain this on the letter as well?
> Thank you so so much again for your help!!


For now, I wouldn't worry much about producing more documents related to the offence. But if you would like to have an added peace of mind, contact his Lawyer and ask him for the letter of the plea deal. (This will cost you money ~$500.00)

UKBA will most definitely check his past (Biometrics) and will match your (his) statement with the actual facts. So being honest is a plus, but also keeping it simple.

Mind his application will take longer to be dealt with, due to the further checks that will be carried out.

Animo
(Cheers)


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## Coral28 (Aug 7, 2013)

Hi Jrge, 

Do you know aprox. how long his application will take? I am expecting no more than 2 months. Is this quite right? Also I will be staying at a friend´s house until my husband arrives and then we will look for a place for us. I will change my bank details and everything to my friend´s home address until we find our own place. Is this ok or is better to look for our own place to stay before sending the aplication form? Do I need any paperwork from the landlord or as long as I have proof of address is good enough?
Sorry for all my questions but I am so confused. I really want to get it as soon as possible as I miss my husband terrible so I want to send the EEA aplication form with no mistakes or missing information!
Thanks again!!


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## Jrge (Mar 22, 2011)

Hi,


Coral28 said:


> Hi Jrge,
> 
> Do you know aprox. how long his application will take? I am expecting no more than 2 months. Is this quite right? Also I will be staying at a friend´s house until my husband arrives and then we will look for a place for us. I will change my bank details and everything to my friend´s home address until we find our own place. Is this ok or is better to look for our own place to stay before sending the aplication form? Do I need any paperwork from the landlord or as long as I have proof of address is good enough?
> Sorry for all my questions but I am so confused. I really want to get it as soon as possible as I miss my husband terrible so I want to send the EEA aplication form with no mistakes or missing information!
> Thanks again!!


I can't anticipate how long will take his application to be dealt with. But I might suggest you remain calm during this process.

If you find and secure your own place, just ask the letting agent to include your non-EU spouse on the tenancy agreement (you will only need a copy of his passport and a letter from his current employer) OR just ask your friend to draft a short letter indicating that you and your husband are welcome to stay with them.

Animo
(Cheers)


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## Coral28 (Aug 7, 2013)

Thank you so much for all your help and information. I really appreciate it!! This has been the only place where I have been helped. Thanks again!
And I will try to keep calm then


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## Coral28 (Aug 7, 2013)

*Visa has been refused*

Hi guys, 

I am here again. We have applied for the visa on August 29th in Mexico and got the answer today (October 30th). The visa has been refused from Bogota. Basically they said it because we lied to them and tried to hide information so the officer thinks he is a threat to the public. The reason is because on the application form my husband wrote that he spent 8 months in jail for drug possession. They said they have made an investigation and he was sentence to 12 months and 1 day. Which is true but we never lied because we did now wrote how long the sentence was. And also because his sentence does not says "drug possession". It says something different that I can´t recall right now (my husband just read to me by skype). Ok we did not use the right words but we are not lying. And we are not trying to hide anything otherwise we wouldn’t say anything at all about the sentence. We don´t have the sentence with us (the papers), he binned it long time ago, but we did not lied to them. They said we have to appeal now and send evidence why the decision is wrong but we don´t know what to send. What should we do now? Wright a letter explained that we did not lie? We tried to tell the truth as much as he remembers it and I think a wrong term is not a reason to refuse his visa, right? On the letter we send with the application (one each) we have explained he never reoffended, he never had any other problem with the law, he finished his studies, he got a job and he has proved what he did does not represent was he is and he is not a threat of any kind. We got two letters from his managers talking about very good about him and his job but yet they have refused it. What should we do now? I am really miserable and depressed and I would really appreciate all the help you can give me.


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## Jrge (Mar 22, 2011)

Hi,


Coral28 said:


> Hi guys,
> 
> I am here again. We have applied for the visa on August 29th in Mexico and got the answer today (October 30th). The visa has been refused from Bogota. Basically they said it because we lied to them and tried to hide information so the officer thinks he is a threat to the public. The reason is because on the application form my husband wrote that he spent 8 months in jail for drug possession. They said they have made an investigation and he was sentence to 12 months and 1 day. Which is true but we never lied because we did now wrote how long the sentence was. And also because his sentence does not says "drug possession". It says something different that I can´t recall right now (my husband just read to me by skype). Ok we did not use the right words but we are not lying. And we are not trying to hide anything otherwise we wouldn’t say anything at all about the sentence. We don´t have the sentence with us (the papers), he binned it long time ago, but we did not lied to them. They said we have to appeal now and send evidence why the decision is wrong but we don´t know what to send. What should we do now? Wright a letter explained that we did not lie? We tried to tell the truth as much as he remembers it and I think a wrong term is not a reason to refuse his visa, right? On the letter we send with the application (one each) we have explained he never reoffended, he never had any other problem with the law, he finished his studies, he got a job and he has proved what he did does not represent was he is and he is not a threat of any kind. We got two letters from his managers talking about very good about him and his job but yet they have refused it. What should we do now? I am really miserable and depressed and I would really appreciate all the help you can give me.


As anticipated this is the beginning of an easy fight. You must now obtain his plea deal -yes, it is a must, and any other document that supports the reason of his sentence and most importantly, the reason why he was allowed to leave jail sooner.

Anything that's related needs to be accounted for. I understand he might not have those documents, but he needs to procure them.

I will help you as much as I can possible help, but please be advised that starting next week my access to Internet will be limited.

Try to remain calm.

Animo
(Cheers)


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