Will a refused Schengen entry affect application for a UK EEA family permit?

Will a refused Schengen entry affect application for a UK EEA family permit? - Crop businessman giving contract to woman to sign

I want to apply for the EEA family permit in order to travel to the UK with my husband, an EEA national (Spanish); I am a Ghanaian (non EEA). In 2010, I applied for a Schengen visa (Belgium). I boarded a flight going to Spain from Ghana and had a transit in Frankfurt. My Schengen visa was cancelled (annulliert), and I was sent back to Ghana.

I am worried whether I would not be granted a UK visa because of this. What should I call it: deportation or refused entry? Should I should mention it while filling in the online visa application form; can it affect the issuance of the visa?

In the application form, I can't find a place where they specifically asked "refused entry from any other country". Should I give every details of what happened on the additional information?



Best Answer

If your relationship and travel plans qualify you for free movement under European law, you can only be denied an EEA family permit on grounds of public security, public health, or public policy. An adverse immigration history is, in itself, not a sufficient basis to refuse the EEA family permit.

As implied in a comment, however, if the reason for cancellation of your Schengen visa points to issues of public security, public health, or public policy, those issues could independently lead to a refusal of the EEA family permit. These grounds are fairly serious, and most people will not be affected by them.

In fact, the UK should not even be asking about it. But they do, and because they are planning to leave the European Union, you should fill the form out completely and honestly. If you do not, your answers on that form could be taken as deception, which would make it difficult for you to enter the UK without your husband or after the UK leaves the EU.

What should I call it: deportation or refused entry?

Refused entry.

Should I should mention it while filling in the online visa application form?

Yes, you should mention it (see above) because failure to do so could make it difficult for you to enter the UK outside of the free movement rules.

Can it affect the issuance of the visa?

It should not, but it is possible that it will. In addition to the considerations mentioned above, it could simply increase the chance of an improper refusal.

In the application form, I can't find a place where they specifically asked "refused entry from any other country". Should I give every details of what happened on the additional information?

Just answer every question completely and honestly. If they do not ask about entry refusals, do not report the entry refusal. If they ask about having a visa cancelled, say that your visa was cancelled at the German border and explain why.




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Can EEA family permit be refused?

In some cases, an EEA Family Permit application can be refused. In these cases, you may have the right to appeal to an independent tribunal if you believe you disagree with the Home Office decision. The cut-off point for most EEA applications was 31 December 2020.

How long does an EEA family permit take to process?

The processing times will vary depending on where the application for an EEA family permit is submitted. Standard processing times are up to 6 months. Most application are however decided in 1-3 months.

Can I travel to UK on EEA family permit?

What is an EEA Family Permit? An EEA family permit application is similar to entry clearance and allows non-EEA nationals to enter and leave the UK without restriction for 6 months, for the purpose of joining EEA family members in the UK. They are issued free of charge by the Home Office under the European regulations.

Can I apply EEA Family Permit now?

You can no longer apply for an EEA family permit.



How to appeal EEA Family Permit | EEA Visa Refusal and Appeal Process | UK EEA visa Rejected Refuse




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Andrea Piacquadio, Suzy Hazelwood, Andrea Piacquadio, Agung Pandit Wiguna