UK Visa Re-entry ban guidance
UK Visa Re-entry ban guidance
This guidance will help you understand an overview of when a re-entry ban is imposed, and the
“relevant time period” which must elapse before the individual can seek to re-enter the UK.
Time from date the person left the UK (or date of refusal of the entry clearance under row f) | This applies where the applicant | And the applicant left the UK | And the applicant left the UK |
(a) 12 months | left voluntarily | at their own expense | N/A |
(b) 2 years | left voluntarily | at public expense | Within 6 months of being given notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is later. |
(c) 5 years | left voluntarily | at public expense | more than 6 months after being given notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is later. |
(d) 5 years | left or was removed from the UK | as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 (and providing that any condition prohibiting their return to the UK has itself expired) | |
(e) 10 years | was deported or removed from the UK | at public expense | – |
(f) 10 years | Used deception in an application (for visits this applies to applications for entry clearance only). | – | – |
One year re-entry bans
Migrants falling into the following categories are generally subject to a mandatory one-year re-entry ban if they voluntarily leave the UK at their own expense:
- Illegal entrants.
- Individuals who breach a condition attached to their leave.
- Those who overstay their lawful leave by more than:
- 90 days, excluding any exceptional periods where the overstaying commenced before 6 April 2017.
- 30 days, excluding any exceptional periods where the overstaying began on or after 6 April 2017.
Two or five year re-entry bans
People who breach UK immigration laws and leave the UK voluntarily at the expense (directly or indirectly) of the Secretary of State are subject to either a 2 year or 5 year re-entry ban. This includes those who depart with assistance from the Voluntary Returns Service (VRS) at the expense of the Secretary of State.
The length of the ban is determined by whether the migrant left the UK within the six month window – set out in rows (b) and (c) in the Overview table.
Person left the UK otherwise voluntarily at the expense of the Secretary of State
Not all people who leave the UK voluntarily at the expense of the Secretary of State
will do so via the VRS, because either:
- they do not wish to return by this route
- they are not eligible to return by this route
- their application has been rejected or excluded
Those who leave the UK voluntarily, but their flight ticket is purchased by the Secretary of State (self check-in removals for example) are also recorded as voluntary departures at the expense of the Secretary of State.
Two year re-entry bans
Those who leave the UK voluntarily at the Secretary of State’s expense are subject to a mandatory 2 year re-entry ban if the date of their departure was no more than 6 months after the date on which they either:
- were given notice of liability for removal
- no longer had a pending appeal or administrative review against that decision (appeal rights exhausted)
Five year re-entry bans
Where exceptions and the lesser 2 year ban does not apply, those who leave the UK voluntarily at the expense of the Secretary of State (directly or indirectly) are subject to a mandatory 5 year re-entry ban, if the date of departure was more than 6 months after the date on which they:
- were given notice of liability for removal
- no longer had a pending appeal or administrative review against that decision (appeal rights exhausted)
whichever is later.
Ten year re-entry bans
A person who is deported from the UK will be subject to a 10 year re-entry ban, however, this does not mean that they will be entitled to return after the re-entry ban expires:
Paragraph 9.2.1 of Immigration Rules states:
an application for entry clearance, permission to enter or permission to stay must
be refused where:
- (a) the Secretary of State has personally directed that the applicant be excluded from the UK; or
- (b) the applicant is the subject of an exclusion order; or
- (c) the applicant is the subject of a deportation order, or a decision to make a deportation order.