Departure from and Re_entry Ban into the United Kingdom

Most immigrants who are over stayers in the United Kingdom cannot make successful applications to the Home Office. Such ones will need to leave the UK under the current immigration rules and to re-enter. Some will face re-entry ban.

If the only alternative is to leave the UK and to reapply to enter the UK, what can those who leave the UK expect when looking to return to the UK?

Re- Entry Ban

Those applying to re-enter the UK will be refused entry visas because they may be affected by the following:

1. One year re-entry ban

2. Two years re-entry ban

3. Five years re-entry ban and

4. Ten years re-entry ban

Whom does Re-Entry Ban affect?

1. An over stayer will face a re-entry ban. An Over stayer is a person who does not leave the UK after their visa to be in the UK has expired.

2. Anyone who has breached a condition attached to their visa, (this include those on student visa who work more than the permitted hours) will face a re-entry ban.

3. An illegal Entrant will face a re-entry ban.

4. Anyone who used deception in an application for visa to come to the UK will face a re-entry ban. Re-entry ban will be applicable whether the application in question was successful or not.

5. Foreign criminals  who are convicted and sentenced in the UK will face a re-entry and

6. Those who have been deported will face a re-entry ban.

One -Year Re-Entry Ban

Those who leave the UK voluntarily before a removal notice was served on them by the home office, buying their own tickets out of the UK are subject to a one- year re-entry ban.

This also applies to those who upon been served with a removal notice by the home office, the person leave the UK within six months of the removal notice at their own expense.

Two-Year Re-entry Ban

This applies to those who are served a removal notice and do not leave the UK within six months.This include those who do leave the UK within six months at the expense of the secretary of state.

Five- Year Re-entry Ban

Those who have been served with removal notice, who did not leave the UK within six months and who did leave at the Secretary of State’s expense.

Ten–Year Re-entry Ban

This applies to those removed by the Secretary of State by deportation. If you were deported there is a 10- year mandatory ban unless you have successfully had the deportation order revoked.

Exceptions

1. Those who apply for family visa entry clearance under Appendix FM are usually exempted from re-entry ban.

2. Those who were under the age of 18 years when they committed the immigration offence, which led to the re-entry ban, are also exempt.

Those Convicted and Sentenced

1. If you have been sentenced to less than 12 months, you face a re-entry ban of 5 years

2. If you have been sentenced to a period of less than 4years but more than 12 months imprisonment, you face 5 years re-entry ban and

3. If you have been sentenced to a period of more than 4 years imprisonment then unless in exceptional circumstances, you may well not be able to come to the UK.

Our Advice

If you have been served with a removal notice, be advised that how long it takes you to leave the UK and who pays for your ticket to leave the UK is very important. It will determine how long your re-entry ban will be.

Talk to our immigration experts today and we will advise you on the best option for you.