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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 monthsleft voluntarilyat their own expenseN/A
(b) 2 yearsleft voluntarilyat public expenseWithin 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 yearsleft voluntarilyat public expensemore 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 yearsleft 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 yearswas deported or
removed from the UK
at public expense
(f) 10 yearsUsed 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.

Seek advice regarding UK Visa Ban