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

Choosing the right and best immigration lawyer for your immigration needs can be stressful. While it could seem like a difficult choice, let us simplify things for you. Here are a few good reasons why you should choose Deluxe Law Chambers to assist you with your UK visas and immigration matters.

We have offices in London and Manchester. However, we provide immigration advice and services nationwide.

Our commitment to affordability means that you can receive expert advice without straining your finances. Our success hinges on transparency. We believe in keeping you informed about every step of the process, ensuring that you understand your options and the potential outcomes.

  • REGULATED – We are regulated and approved by the Solicitors Regulation Authority (SRA) to provide immigration advice & services.
  • EXPERIENCE – Our firm rests on specialist immigration lawyers and solicitors with years of experience. Our well-earned experience distinguishes us from others.
  • EXPERTISE – As your immigration lawyer, we offer unparalleled expertise. We don’t just understand and interpret the law, we keep an eye on the slightest changes.
  • AUTHORITY – Our authority isn’t just about legal powers but is gained through genuine care and successful outcomes for our clientele. So, why choose just a lawyer when you can choose a trusted authority?
  • TRUST – Our commitment to uphold your trust is unwavering. Our transparency and ethical conduct are treatments for the trust placed in us by our clients.
  • DIRECT ACCESS – At Deluxe Law Chambers as your immigration lawyers, you will have direct access to your qualified lawyer 24/7.
  • REMOTE SERVICES – We are able to provide a fully digital service, and you may never have to visit our offices for 9/10 immigration cases.
  • AFFORDABLE – We are a law firm with an affordable and fixed fee plan. We offer two installments to ensure you can pay easily.

A combination of our rich experience, deep-rooted expertise, trust authority, and unwavering commitment to our clients makes us your best choice.

So, why wait? Take your first step towards a successful immigration application with us.

Similar Posts