How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Frantz I Your Own Question

Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
80411141
Type Your Immigration Law Question Here...
Frantz I is online now

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.
**********************************************************************
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, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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.
**********************************************************************
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    832
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    118
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm
 
 
 

Related Immigration Law Questions