The House Workplace can impose entry bans on individuals who have beforehand breached immigration legislation or used deception of their software for depart. Bans can final one 12 months, two years, 5 years or ten years. Typically talking, and apart from some minor exceptions, the individual won’t be allowed to re-enter the UK through the size of the ban. It sounds simple — however the detailed guidelines on re-entry bans are very complicated. This publish tries to disentangle them.
Observe that we don’t cowl deportation on this publish.
Re-entry bans: what durations apply when?
The principles regarding entry bans for almost all of candidates are at part 9 of the immigration rules.
Paragraph 9.8.1 says that entry clearance or permission to enter the UK ”should” be refused if:
(a) the applicant has beforehand breached immigration legal guidelines; and
(b) the appliance is for entry clearance or permission to enter and it was made throughout the related time interval in paragraph 9.8.7.
Paragraphs 9.8.4 to 9.8.6 give extra particulars on what counts as a interval of overstaying:
9.8.4. In paragraphs 9.8.1, 9.8.2, 9.8.3, and 9.8.3A, an individual will solely be handled as having beforehand breached immigration legal guidelines if, after they have been aged 18 or older, they:
(a) overstayed their permission and neither paragraph 9.8.5. nor paragraph 9.8.6. apply; or
(b) breached a situation hooked up to their permission and entry clearance or additional permission was not subsequently granted within the data of the breach; or
(c) have been (or nonetheless are) an unlawful entrant; or
(d) used deception in relation to an software (whether or not or not efficiently).
9.8.5. A interval of overstaying will likely be disregarded for the aim of paragraph 9.8.4. (a) the place the individual left the UK voluntarily, not on the expense (instantly or not directly) of the Secretary of State, and:
(a) the individual overstayed for 90 days or much less, the place the overstaying started earlier than 6 April 2017; or
(b) the individual overstayed for 30 days or much less, the place the overstaying started on or after 6 April 2017; or
(c) paragraph 39E utilized to the interval of overstaying.
9.8.6. A interval of overstaying will likely be disregarded for the aim of paragraph 9.8.4.(a) the place the overstaying arose from a choice to refuse an software, or cancellation of permission, which was subsequently withdrawn, or quashed, or reconsidered by route of a courtroom or tribunal, until the authorized problem which led to the reconsideration was introduced greater than 3 months after the date of the choice to refuse or cancel.
After you have established whether or not or not a re-entry ban applies, it’s good to determine how lengthy it would apply for. The House Workplace’s guidance on re-entry bans has a helpful desk which replicates paragraph 9.8.7 of the foundations:
Some labored examples may help.
Instance 1
John made an software for a customer visa. On the query “have you ever been refused a visa?”, he says “no”. In truth, he had been refused a customer visa two years earlier. The Entry Clearance Officer will say that he has used deception in his software and refuse the appliance. As well as, John will likely be topic to a ten 12 months entry ban ranging from the date of the refusal.
Instance 2
Maria had a scholar visa legitimate till 2 March 2024. She didn’t make an software earlier than the expiry of her visa and, on 3 March 2024, she grew to become an overstayer.
Situation 1: Maria buys herself a ticket to return dwelling on 5 March 2024. She won’t be topic to any entry ban as a result of she left inside 90 days of the overstay.
Situation 2: Maria stays within the UK till 3 August 2024 (greater than 90 days) with out making any new software. On 3 August 2024, she is served with a elimination discover. On 5 August 2024, she returns dwelling by way of an Assisted Voluntary Return programme paid by the Secretary of State. She will likely be topic to a two-year entry ban as a result of she left on the expense of the Secretary of State however left inside six months of her discover of elimination.
Situation 3: On 1 March 2024, earlier than the expiry of her depart, she made an software to increase her depart. This was refused and on 3 June 2024, she grew to become “appeal rights exhausted”.
On 10 December 2024, greater than six months after she grew to become enchantment rights exhausted, Maria returned dwelling by way of an Assisted Voluntary Return programme paid by the House Secretary. She will likely be topic to a five-year entry ban as a result of she left on the expense of the House Secretary, greater than six months after she grew to become enchantment rights exhausted.
When does the ban interval begin?
The ban will begin on the date the individual leaves UK or, within the case of a ten-year ban following using deception in an software, from the date of the refusal of that software.
When do re-entry bans not apply?
The re-entry bans partially 9 don’t apply to purposes made below:
- Appendix FM
- Appendix Personal Life
- Appendix EU
- Appendix EU (Household Allow)
- Appendix S2 Healthcare Customer
- Appendix Service Supplier from Switzerland
- Appendix Digital Journey Authorisation
The suitability routes for every of the routes ought to be checked, for instance Appendix FM has its personal separate re-entry ban within the suitability necessities, this additionally applies to Appendix Personal Life (see paragraph PL 2.1):
S-EC.1.8. The applicant left or was faraway from the UK as a situation of a warning issued in accordance with part 22 of the Felony Justice Act 2003 lower than 5 years previous to the date on which the appliance is determined.
Refusal is necessary the place this paragraph applies.
Underneath paragraph 9.8.4, those that breached immigration legislation whereas they have been minors can even not be topic to re-entry bans.
The steering “Suitability: previous breaches of immigration laws” additionally offers for the next two teams to be exempted from re-entry bans:
- the individual has been accepted by the House Workplace as a sufferer of trafficking
- the individual was within the UK illegally on or after 17 March 2008 and left the UK voluntarily earlier than 1 October 2008
Making use of after the related time interval of the ban
Paragraph 9.8.2 says purposes for entry clearance or permission to enter “may” be refused if:
(a) the applicant has beforehand breached immigration legal guidelines; and
(b) the appliance was made exterior the related time interval in paragraph 9.8.7; and
(c) the applicant has beforehand contrived in a big technique to frustrate the intention of the foundations, or there are different aggravating circumstances (along with the immigration breach), comparable to a failure to cooperate with the redocumentation course of, comparable to utilizing a false identification, or a failure to adjust to enforcement processes, comparable to failing to report, or absconding.
Which means even after the time interval for the re-entry ban has handed, the place there are aggravating elements as listed above the applicant continues to be susceptible to refusal. Do observe that it is a discretionary somewhat than necessary floor for refusal and so it will likely be doable to influence the choice maker that entry clearance or permission to enter.
Can entry clearance be granted regardless of a re-entry ban?
The place a compulsory re-entry ban applies it could nonetheless be doable to use for and be granted entry clearance outside the rules. This isn’t simple and the applicant will likely be anticipated to ascertain “compelling compassionate grounds”.
It’s unlikely that an software invoking this coverage will likely be profitable. The guidance on depart exterior the foundations confirms that:
A grant of LOTR ought to be uncommon. Discretion ought to be used sparingly the place there are elements that warrant a grant of depart regardless of the necessities of the Immigration Guidelines or particular insurance policies having not been met. Components raised of their software should imply it will not be proportionate to count on the individual to stay exterior of the UK or to go away the UK.
In apply, if there have been distinctive circumstances or the individual had a robust article 8 declare, it’s extra doubtless they might be capable of apply below Appendix FM, or that they might have utilized for depart to stay when nonetheless within the UK.
This text was initially revealed in March 2017 and has been up to date most not too long ago by Sonia Lenegan in order that it’s appropriate as of the brand new date of publication proven.
