Deportation vs EU Residence Card

PJ4

Hi,

My wife was deported from the UK 6 years ago for a total of 10 years. She is a non-EU citizen. We recently applied for a EU Residence Card and we're successful. She received the EU Residence card and residence stamp on her passport.

Does the EU Residence card overturn the deportation ban and allow my wife to legally re-enter the UK?

Paulw

PJ4 wrote: »

Does the EU Residence card overturn the deportation ban and allow my wife to legally re-enter the UK?

You are better off contacting the UK Immigration and asking them, but I believe that the deportation order would remain.

https://www.gov.uk/government/organisations/uk-visas-and-immigration

walrusgumble

PJ4 wrote: »

Hi,

My wife was deported from the UK 6 years ago for a total of 10 years. She is a non-EU citizen. We recently applied for a EU Residence Card and we're successful. She received the EU Residence card and residence stamp on her passport.

Does the EU Residence card overturn the deportation ban and allow my wife to legally re-enter the UK?

Why was she deported? Immigration purposes?

Normally, as per the well known Metock case, the legal status (ie illegal, deported, legal) of the Non EU person is irrelevant. If an EU citizen (a person from a country other than UK,in this case) resides and exercises their treaty rights (eg working) then that EU citizen can have their family in the UK

Normally, in Ireland, such a situation would be grounds for an application to revoke a deportation order as per Section 3 (11) of the Immigration Act 1999,as amended. The UK do , normally, have similar provisions.

Pro Hoc Vice

PJ4 wrote: »

Hi,

My wife was deported from the UK 6 years ago for a total of 10 years. She is a non-EU citizen. We recently applied for a EU Residence Card and we're successful. She received the EU Residence card and residence stamp on her passport.

Does the EU Residence card overturn the deportation ban and allow my wife to legally re-enter the UK?

First of all all and any rights you have the rights as a EU citizen and flowing from your right to free movement is a right of your family to reside with you. I assume as your wife has a EU residence card, that you are a citizen of a EEA country other than Ireland. So you are exercising treaty rights in ireland and your wife resides here with you. Then we move to her moving within the Union, most countries including Ireland allow a EU residence card holder to be exempt from a visa if normally required. To the best of my knowledge and belief the UK up to recently at least did not allow this. But a immigration first tier tribunal decision did say that as long as in the company of the EU citizen the family member if having the required documents must be left in.

But then we get to your problem the UK has a exclusion order against your wife for 10 years. At the very least to avoid issues it would be best to contact UKBA to enquire how to withdraw that order,much easier to do it now rather than trying to explain in Heathrow for hours on end. UKBA can happily say no entry and then your only remedy is litigation which will be time consuming at the least.

You would be best advised to get advice from a professional in case the UK order creates any problems with INIS here.

PJ4

Pro Hoc Vice wrote: »

First of all all and any rights you have the rights as a EU citizen and flowing from your right to free movement is a right of your family to reside with you. I assume as your wife has a EU residence card, that you are a citizen of a EEA country other than Ireland. So you are exercising treaty rights in ireland and your wife resides here with you. Then we move to her moving within the Union, most countries including Ireland allow a EU residence card holder to be exempt from a visa if normally required. To the best of my knowledge and belief the UK up to recently at least did not allow this. But a immigration first tier tribunal decision did say that as long as in the company of the EU citizen the family member if having the required documents must be left in.

But then we get to your problem the UK has a exclusion order against your wife for 10 years. At the very least to avoid issues it would be best to contact UKBA to enquire how to withdraw that order,much easier to do it now rather than trying to explain in Heathrow for hours on end. UKBA can happily say no entry and then your only remedy is litigation which will be time consuming at the least.

You would be best advised to get advice from a professional in case the UK order creates any problems with INIS here.

Thanks for your advice. Please can you send the contact details for the UKBA.

Pro Hoc Vice

PJ4 wrote: »

Thanks for your advice. Please can you send the contact details for the UKBA.

http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/processing-times/