Can my wife visit me even though she's been refused before?

[geolondon]

HI Guys,
My girlfriend and I used to live in the UK for a few years as illegals.3 months ago I went to Italy to apply for my Italian citizenship and meanwhile my girlfriend was removed from UK and forbidden to entry in the UK for 1 year. Last week i got married to my girlfriend in Brazil and we came to Italy to finally get my Italian passport.
My question is:
Can my wife entry in the UK with me as tourists even though she was removed from UK before?
Thanks
Geo

[republique]

If you are still in the 1 year period, then she can't visit you
and she still might not be able to visit afterwards
I presume she is brazilian.

[thsths]

HI Guys, My girlfriend and I used to live in the UK for a few years as illegals.3 months ago I went to Italy to apply for my Italian citizenship and meanwhile my girlfriend was removed from UK and forbidden to entry in the UK for 1 year.

I thought the ban does not apply for spousal visas - because the House of Lords would have non of that? It may be worth checking the details. The letter may well say that she is banned, but the legal situation can be quite different.

[John]

Can my wife entry in the UK with me as tourists even though she was removed from UK before?

No, a very good chance she would be refused entry, as a visitor!

However, you are now an Italian citizen. Are you exercising, or intending to exercise, EU Treaty Rights in the UK? For example, being employed in the UK? If so your wife also has EU Treaty Rights, as your family member, and that is the route to go down. She should apply for an EEA Family Permit outside the UK, but if she just turns up without one, you would argue that she has EU Treaty Rights and needs to be admitted. This is a risky strategy, but it might work.

[geolondon]

To be honest i intend to settle in uk now. I just don't want to go back to brazil and apply for her visa. It would take time and money. What are the chances? If she's now my wife, immigration shouldn't be a problem. If I have have the right to go to UK as a tourist, so should she. What do you reckon?

[thsths]

To be honest i intend to settle in uk now. I just don't want to go back to brazil and apply for her visa. It would take time and money. What are the chances? If she's now my wife, immigration shouldn't be a problem. If I have have the right to go to UK as a tourist, so should she. What do you reckon?

Yes, the EEA route is a good idea, but that would not be a tourist visa. I think she should apply for an EEA Family Permit from Italy. They will still check it very carefully, but the ban should not apply under European law.

[geolondon]

To be honest i intend to settle in uk now. I just don't want to go back to brazil and apply for her visa. It would take time and money. What are the chances? If she's now my wife, immigration shouldn't be a problem. If I have have the right to go to UK as a tourist, so should she. What do you reckon?

Yes, the EEA route is a good idea, but that would not be a tourist visa. I think she should apply for an EEA Family Permit from Italy. They will still check it very carefully, but the ban should not apply under European law.

I'm resident now in Italy, but my wife is not. How can we apply for the EEA visa here??

Thanks

[John]

geolondon, download this UKBA document and in particular read from 5.5. These are instructions given to staff at Ports of Entry.

Brazilians are not visa nationals, so no problem your wife boarding a plane bound for the UK, even if she does not have an EEA Family Permit in her passport. You will see reference to :-

produces satisfactory evidence on arrival

-: and I strongly suggest that you are with her, and that you personally do not go through the EEA/Swiss Channel, but instead go through the Other channel with your wife. Go forward together to the Immigration Officer.

Obviously your Italian passport will be available, and you need to have your marriage certificate with you in the hand luggage. If that marriage certificate is not in English, as well as the original certificate, ensure you have a translation into English.

Your Italian passport and the marriage certificate will show that your wife is a family member of an EU Citizen ... you!

If questioned you would say, no doubt correctly, that you intend to get a job in the UK.

You might like to print out page 7 of 12 of the document, and also carry that with you.

You will also see that if the person "produces satisfactory evidence on arrival" then the instruction to the Border Staff is :-

The person should be admitted for 6 months on a Code 1A. Complete landing card.

Don't expect this to be an instant procedure. Expect the Immigration Officer to have a word with his/her senior officer, and maybe the two of you taken to the interview area.

[geolondon]

geolondon, download this UKBA document and in particular read from 5.5. These are instructions given to staff at Ports of Entry.

Brazilians are not visa nationals, so no problem your wife boarding a plane bound for the UK, even if she does not have an EEA Family Permit in her passport. You will see reference to :-

produces satisfactory evidence on arrival

-: and I strongly suggest that you are with her, and that you personally do not go through the EEA/Swiss Channel, but instead go through the Other channel with your wife. Go forward together to the Immigration Officer.

Obviously your Italian passport will be available, and you need to have your marriage certificate with you in the hand luggage. If that marriage certificate is not in English, as well as the original certificate, ensure you have a translation into English.

Your Italian passport and the marriage certificate will show that your wife is a family member of an EU Citizen ... you!

If questioned you would say, no doubt correctly, that you intend to get a job in the UK.

You might like to print out page 7 of 12 of the document, and also carry that with you.

You will also see that if the person "produces satisfactory evidence on arrival" then the instruction to the Border Staff is :-

The person should be admitted for 6 months on a Code 1A. Complete landing card.

Don't expect this to be an instant procedure. Expect the Immigration Officer to have a word with his/her senior officer, and maybe the two of you taken to the interview area.

Thanks John,
My fear is that we previously lived in the UK and my wife was removed and banned the entry for 1 year. is that going to affect and make difficult with the immigration officer or do you reckon we can still go through? thanks

[mteja]

Geolondon;

I think what john and ths ths are saying is and i quote: "es, the EEA route is a good idea, but that would not be a tourist visa. I think she should apply for an EEA Family Permit from Italy. They will still check it very carefully, but the ban should not apply under European law."

So NO to tourist visa for your wife but YES to EEA Family Permit from italy.

[geolondon]

Geolondon;

I think what john and ths ths are saying is and i quote: "es, the EEA route is a good idea, but that would not be a tourist visa. I think she should apply for an EEA Family Permit from Italy. They will still check it very carefully, but the ban should not apply under European law."

So NO to tourist visa for your wife but YES to EEA Family Permit from italy.

I get it, but I just don't know how to apply for it here in Italy, and I don't know how much time it will take.

[jei2]

HI Guys, My girlfriend and I used to live in the UK for a few years as illegals.3 months ago I went to Italy to apply for my Italian citizenship and meanwhile my girlfriend was removed from UK and forbidden to entry in the UK for 1 year.

I thought the ban does not apply for spousal visas - because the House of Lords would have non of that? It may be worth checking the details. The letter may well say that she is banned, but the legal situation can be quite different.

This would have been the case had one partner been settled. However both appear to have been here illegally.

Can't understand about the 1 year exclusion for removal though. That should have been 10 years. Moot point now since the EU route presents the most feasible option...

[vinny]

See also 26.16.7 - EEA family permits and 320(7A) and 320(7B) and

Please note, if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa, you should offer him (or her) the option of applying for a family permit under EC law free of charge.

You may also have to show that your marriage is not a “marriage of convenienceâ€