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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 401
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I'm Italian, my husband is Brazilian. He has criminal record

Customer Question

I'm Italian, my husband is Brazilian. He has criminal record for domestic violence. Next year the permit will expire. When I will apply for my permanent resident card, will the Home office decline the part that is regarding him? Will he be force to leave the counteu? ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
Hello
Thank you for your enquiry. Please don't forget to click rate before you leave.
The Citizens' Directive enhances the protection afforded to EEA citizens and their family members. The Home Office can only make a decision to exclude if the decision is justified on grounds of public policy, public security or public health.
Your husbands's previous criminal convictions do not themselves justify a decision of exclusion I am afraid.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
There is a restraining order still valid but I apply for this to be cancel. The 15th of February I will have to go to court for a hearing and hopefully the magistrates will accept my app and cancel it so that I will be free to talk to him and discuss about everything so that we can try to sort out our problems without divorcing. So if you tell me that they cannot decline his permit I am very happy about it.
Customer: replied 1 year ago.
*I applied
Customer: replied 1 year ago.
My main concern was that due to the criminal record they could reject his permit to stay here legally so consequently force him to leave the country and than we would have to divorce for real unless I was leaving this country too. We moved here on June 2012. Do you know if there is anything else that maybe could make the application unsuccessful??
Expert:  Frantz I replied 1 year ago.
Hello
If he does not meet the requirement for continuous right to reside his application will be unsuccessful. Please ensure that when you do decide to make your application seek independent legal advice.
I wish you every success.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Even if we had that domestic violence incident we are still legally married, if they will cancel the rest order probably we will go back to live together so even if we are married they can still reject it? He has being working regularly since we are in this country and never had any other problems before, same thing for me.
Expert:  Frantz I replied 1 year ago.
Hello
Only if you are divorced would it affect his status as a family member of an EEA national.
Customer: replied 1 year ago.
Hello,Ok thank you very much for you help.
Expert:  Frantz I replied 1 year ago.
You are welcome

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