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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?

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    Why was your Schengen visa cancelled? – Traveller Nov 7 '18 at 15:42
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    The Schengen rules distinguish between "annulling" and "revoking" a visa. Having a visa annulled is pretty bad; it means they think the conditions for issuing were not fulfilled at the time it was issued, or, in other words that your application was fradulent. – Henning Makholm Nov 7 '18 at 15:47
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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.

  • Thank you so much. The reason was because I boarded a flight going to Spain whereas my first port of entry was suppose to be Belgium. – Dluv Nov 7 '18 at 15:50
  • I think public security etc. grounds would lead to the visa being revoked rather than annulled, because the issuing post ought to have seached the SIS for such grounds before issuing the visa. An annulment ought to be the result of evidence found at the border that, e.g., the marriage is not genuine. – Henning Makholm Nov 7 '18 at 15:52
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    @Dluv I hope you understand that the "life of violent crime" discussion is purely hypothetical. There's generally no "first port of entry" requirement for Schengen visas, but there is a "main destination" requirement for deciding where to apply. It sounds like your visa was cancelled because you applied with an itinerary showing Belgium as your main destination when Spain was your actual main destination; is that correct? – phoog Nov 7 '18 at 15:59
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    @phoog: Hmm yes. Other than a "life of violent crime", the deception could be to hide that the OP intended to join his/her husband in the husband's country of citizenship where the family freedom-of-movement does not apply. (That's related to, but not exactly the same as, your main-destination hypothesis). – Henning Makholm Nov 7 '18 at 16:03
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    @Dluv: Where does Belgium come into the picture at all, then? – Henning Makholm Nov 7 '18 at 16:08

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