American with criminal history EEA FP

[Heatherblee]

Hello all. I am an American citizen marrying an EU citizen in the fall. He is currently employed in the UK. I will be flying back to America to apply for the visa shortly after the wedding but have already begun the application. I have 2 convictions on my record from when I was young and dumb. One for altering tags on merchandise, sort of akin to shoplifting (this is from 2006) and one for driving on a suspended license (this is from 2009). I am unable to obtain a lot of information on the charge from 2006 as the state in which the crime occurred destroys its records after 10 years. Will either of these convictions (I plead guilty to both) cause a problem when I apply for my family permit? Will my lack of detail regarding the 2006 charge count against me? I know the name of the charge and the date that I was charged, but do not remember the cost of the fine. I believe the visa form asks you to declare this. Is it acceptable for me to state that the records have been destroyed? I have become terrified this will prevent me from being with my husband. Thank you in advance!

[Heatherblee]

If it is helpful both were misdemeanors and I served no jail time for either.

[Richard W]

I am an American citizen marrying an EU citizen in the fall. He is currently employed in the UK. I will be flying back to America to apply for the visa shortly after the wedding but have already begun the application.

Why fly back? Have you found yourself a future employer who will accept a family permit as evidence of the right to work? If not, be aware that as a US citizen you currently do not need a visa to enter the UK as the spouse of an EU national working in the UK. Having entered on that basis, you can then try to use the 'EEA Regulations stamp' you will receive as evidence of a right to work, and apply for a residence card to give employers and landlords statutory defences against penalties for employing or letting to illegal immigrants.

Where are you now and which country are you getting married in? If you are in the UK, on what basis were you granted admission? To visit the UK to get married, you would need a marriage visa, for which you are clearly ineligible, as you intend to live in the UK after you marry.

Will either of these convictions (I plead guilty to both) cause a problem when I apply for my family permit?

The driving while disqualified might conceivably cause a problem. Are you sure you don't need to mention the disqualification itself? There could be an argument that if allowed into the UK you might be a danger to the public once behind the wheel.

[Heatherblee]

I am in America now. We are marrying in his EU country. All of the research I did said that I needed to leave the UK to apply for the family permit, so I was assuming I could not stay without the biometrics, etc. I did not think the driving thing would be much of a problem, but I of course planned on mentioning it.

[Heatherblee]

For further clarification I will be joining him in the UK where he lives and works for ~2 months. During that two months we will leave the UK (via Eurostar) to return to his EU country and marry. We then plan to cross back into the UK (via Eurostar) and I was planning on flying back to America about a week later to apply for the permit.

[tiems]

Just a question, but why specifically are you looking to apply for the FP?

As Richard mentioned, when you travel back into the UK with your marriage certificate, you should be able to enter under EU treaty rights. In this case, you should be issued with a stamp that states that you were accepted into the UK under EEA regulations. (Just in case, carry your marriage certificate, your husband's proof of employment and further proof of a relationship with you.)

You could then apply for the residency card (EEA (FM)) as normal, without having to go back to the US.

[Heatherblee]

My concern here is that I was coming back to America for weddings anyways. Will I be able to re-enter the UK on the basis of this stamp? It seems as though it takes quite a long time to receive a residence card. Do they keep your passport while they’re processing? We are getting married and then 7 days later I’ll be flying back to the US.

[tiems]

The easiest would be if you were accompanied by your spouse when re-entering. But having documentation that proves that you're entering to join your husband, who is exercising treaty rights, is also possible.

If you'd like to keep your passport while the application for the residency card is ongoing, you could make use of the european passport return service, if your husband applies for his QP and adds you at the same time, using the online application.

[Richard W]

My concern here is that I was coming back to America for weddings anyways. Will I be able to re-enter the UK on the basis of this stamp?

There are reports that they will reconsider your status, so you need to keep the evidence of status with you and be able to contact your husband on arrival. You US passport will be good enough to board a flight to the UK.

It seems as though it takes quite a long time to receive a residence card. Do they keep your passport while they’re processing? We are getting married and then 7 days later I’ll be flying back to the US.

It takes more than 7 days to apply - an application is not complete until the biometrics have been taken. You can apply for the return of your passport after applying, but it takes many days, even weeks, which is why Tiems recommended the European passport return service.