An application for entry clearance may be refused by Entry Clearance Officer under general grounds of refusal if, the applicant is subject to a re-entry ban. The Home Office can impose a re-entry ban where the applicant has previously breached the UK’s immigration laws by:
- overstaying,
- breaching a condition attached to their leave
- being an illegal entrant
- using deception in an application for entry clearance, leave to enter or remain (whether successful or not)
Re-entry bans after voluntary departure
Voluntary departure at person’s own expense
Unless they are applying for entry clearance as a family member (under Appendix FM of the Immigration Rules), or they were under 18 at the time of their most recent breach (as set out at paragraphs A320 and 320(7B) of the Immigration Rules), the following categories of offender will ordinarily be subject to a mandatory one year re-entry ban if they leave the UK voluntarily at their own expense:
- illegal entrants
- those 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 began up to and including the 5 April 2017
- 30 days, excluding any exceptional periods, where the overstaying began on or after 6 April 2017
Voluntary departure at the Secretary of State’s expense
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 2 year or 5-year re-entry bans. This includes those who leave the UK through an assisted voluntary return (AVR) programme at the Secretary of State’s expense, or otherwise voluntarily.
A person left the UK otherwise voluntarily at the Secretary of State’s expense
Not all people who leave the UK voluntarily at the Secretary of State’s expense will necessarily depart through an assisted voluntary return programme. Some may express a desire to leave the UK, but departure through an AVR programme is not pursued 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 Secretary of State’s expense.
Two-year re-entry bans
Where paragraph 320(7B) of the Immigration Rules applies, people 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 their removal decision
- no longer had a pending appeal against that decision (appeal rights exhausted)
Five-year re-entry bans
Where paragraph 320(7B) of the Immigration Rules applies, and where the lesser 2-year ban does not apply, people who leave the UK voluntarily at the Secretary of State’s expense (directly or indirectly) are subject to a mandatory 5-year re-entry ban if the date of their departure was more than 6 months after the date on which they either:
- were given notice of their removal decision
- no longer had a pending appeal against that decision (appeal rights exhausted)
Ten-year Re-entry bans after enforced removal or deportation
Where paragraph 320(7B) of the Immigration Rules applies, and the person was forcibly removed from the UK, they are subject to a mandatory 10-yea re-entry ban. For the purposes of this re-entry ban, an enforced removal is one where the person refuses to leave the UK voluntarily and the Home Office enforces their departure in order to ensure they leave. Enforcement includes the use of detention powers immediately before departure from the UK if applicable
Re-entry bans: criminal history
Changes to the general grounds for refusal under part 9 of the Immigration Rules came into effect on 13 December 2012. The changes provide for mandatory or discretionary refusal of entry clearance and leave to enter or remain where the applicant has a criminal history or due to their character, conduct or associations.
The length of time for which refusal will remain appropriate will depend on the date and length of sentence imposed, and the person’s character, conduct or associations. For guidance on criminality and general grounds for refusal, see:
- entry clearance mandatory refusals: Deportation order or conviction
- entry clearance discretionary refusals: Criminal convictions and offending
- entry at UK port mandatory refusals: Criminal history
- entry at UK port discretionary refusals: Non-custodial sentences, offending causing serious harm, persistent offenders
- leave to remain: Criminality: leave to remain
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
About the Author
