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 Post subject: I'm UK, but my partner has been excluded from EU for 2 yrs
PostPosted: Thu Dec 01, 2016 10:24 pm 
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Joined: Fri Aug 10, 2012 1:41 am
Posts: 5
I am a UK citizen in a UK civil partnership with an Australian. We are currently living in Australia, but hoping to relocate permanently to the UK soon. The five years of our marriage have been spent almost entirely outside the UK, so the Australian has never made a visa or residence application to the UK.

The problem is this: the Australian recently managed to earn "administrative expulsion" from the Czech Republic because of a false declaration. (He was in the country legally, but got bad advice to the effect that he wasn't; he then panicked and stupidly made a false declaration at passport control). The Czech police at Prague airport detained him and imposed a two-year ban on his entering the entire European Union. (Specifically, it is a crime for him to attempt entry to the Czech Republic in those two years; if he attempts to enter any other EU member state, he will simply be refused entry.)

There are two issues here:
1) The Czech police were perfectly within their rights of course - except they failed to take into consideration that the Australian in a civil partnership with an EU citizen. The legal mechanism they used and cite in their paperwork states that it actually cannot apply to such an individual. Now, this may or may not be an avenue of administrative appeal in the Czech Republic, but neither one of us has any cause to return there, and our pressing problem is much more that

2) He cannot come to the United Kingdom as things stand. Finding information about administrative expulsion and the enforcement of EU-wide bans is proving very difficult, and we are at a loss as to which avenue we might take to have his status reviewed. Is there a UK court with jurisdiction to rule on such an issue?

This forum has been a wonderful resource in the past, and I'm grateful for the opinion of anyone who may have some insight into this particular predicament.

Very best
J


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 Post subject: Re: I'm UK, but my partner has been excluded from EU for 2 y
PostPosted: Tue Feb 14, 2017 5:03 pm 
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Joined: Tue Feb 14, 2017 3:58 pm
Posts: 6
hi I am not sure if you have resolved this issue but can you clarify:
On what basis your partner was in the Czech republic (A Schengen visa? Or Accompanying you exercising your treaty rights as an EU national?)
What category are you making an application under for entry to the UK? If you've resolved it now then wish you well.
best,
Joe


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 Post subject: Re: I'm UK, but my partner has been excluded from EU for 2 y
PostPosted: Tue Feb 14, 2017 5:03 pm 
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Joined: Tue Feb 14, 2017 3:58 pm
Posts: 6
hi I am not sure if you have resolved this issue but can you clarify:
On what basis your partner was in the Czech republic (A Schengen visa? Or Accompanying you exercising your treaty rights as an EU national?)
What category are you making an application under for entry to the UK? If you've resolved it now then wish you well.
best,
Joe


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 Post subject: Re: I'm UK, but my partner has been excluded from EU for 2 y
PostPosted: Tue Feb 28, 2017 2:52 am 
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Joined: Fri Aug 10, 2012 1:41 am
Posts: 5
Hi Joe,

Incredibly kind of you to take the time and reply.
The issue is unresolved, so if you have feedback or insight, it would be very gratefully received.

My partner was in the Czech republic purely as a tourist in the Schengen zone, enjoying 90 days per 180 as an Australian national without need of a visa.

We are not sure which application to make for entry to the UK in light of his administrative expulsion (with 2 year ban) from the EU. Our worry, naturally enough, is that this issue could adversely affect any application we make. It's a stressful situation though, because (a) we cannot come to the UK at present; and (b) we know his status as the partner of an EU citizen was not taken into account when the administrative expulsion was applied. I think this is grounds for voiding the expulsion, or at least appealing it, but we remain none the wiser as to the best way forward.

Again with kindest thanks,
J


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 Post subject: Re: I'm UK, but my partner has been excluded from EU for 2 y
PostPosted: Tue Mar 07, 2017 9:07 am 
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Joined: Tue Oct 02, 2012 7:54 am
Posts: 165
Is it exclusion from the Schengen area or the whole EU? I have doubts for the latter as the UK isn't part of the Schengen travel area arrangement. Also not all EU/EEA countries are part of Schengen.

Your partner would need to declare such history on the application form and own up the mistake.


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 Post subject: Re: I'm UK, but my partner has been excluded from EU for 2 y
PostPosted: Fri Mar 10, 2017 12:09 pm 
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Joined: Tue Feb 14, 2017 3:58 pm
Posts: 6
Hi
If he was with you at the time he was detained then he was not in the EU illegally since YOU would be exercising your treaty rights and he as your dependent could accompany you. If not then he was a non EU tourist and they would apply their immigration rules as applicable at the time.
Any application to settle in the UK would have to be on the basis that this misdemeanour is declared as to fail to do so would nullify the application. Without knowing the exact circumstances surrounding the expulsion and ban, it is difficult to decipher why they took the action that they did.
My own feeling is that an appeal and explanation to the Czech authorities may bear fruit if they are made aware of the fact that he was in fact the dependent of an EU national in a (currently) subsisting marriage. This demonstrates that he would have no need or desire to flout the regulations since he can live with you in any EU state should you choose to do so (having followed the appropriate procedure).
If you can get this expunged then he has a clean immigration record and an application can be made for UK settlement in the knowledge that you have all the paperwork to hand to clarify the matter (which you would still need to declare)
If you are still planning on making a settlement application, I would strongly urge you to engage a good firm of immigration lawyers to help you submit the application since it is much more difficult to address a refusal if you attempt it your selves.
Good luck,
Joe


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 Post subject: Re: I'm UK, but my partner has been excluded from EU for 2 y
PostPosted: Fri Mar 10, 2017 1:55 pm 
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Joined: Fri Aug 10, 2012 1:41 am
Posts: 5
Thank you very much, Joe. This would appear to be a most astute reading of the situation, and your advice excellent.
Yours with great gratitude.


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