To be deported from a country you have called home for many years, or perhaps your whole life is devastating, not only to you but also to family members and friends who became a significant part of your life whilst you were living in the UK.
As immigration lawyers, one common question we are asked is “can I return to the UK after being removed or deported because I want to visit my or live with partner/child/friends/relatives who still live there?”
If you enter the UK illegally, overstay, breach your visa conditions, or try to deceive the Home Office via the information provided to them on application forms, you can be subjected to a re-entry ban. The length of the ban depends on the circumstances of your case.
There are limited exceptions where the entry ban will not be applied, including:
If you were a victim of human trafficking
You were unaware the documents you submitted were fraudulent
You were illegally in the country after 17 March 2008 but voluntarily left before 1 October 2008
You were refused leave as a student after 1 September 2007 but only because you made an out of time application
Furthermore, those who apply under Appendix FM (family route), Appendix EU, or the EEA Regulations will not be prejudiced by entry bans. So if for example, you wish to re enter on a spouse visa the ban would not apply to you. There is also scope for caseworkers to consider not applying the ban on human rights grounds; however, the bar is set exceedingly high, and you may have more chance of success by applying under Appendix FM.
For further information, please contact us at info@ealaw-solicitors.com
| Length of Ban | Circumstances |
| No ban | You overstayed for 30 days but left the country voluntarily at your own expense. |
| One-year ban | You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country voluntarily at your own expense. |
| Two-year ban | You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country either within six months of receiving a removal notice or within six months of exhausting your appeal/Judicial Review rights and at the Home Office’s expense. |
| Five-year ban | You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country either within six months of receiving a removal notice or within six months of exhausting your appeal/Judicial Review at the Home Office’s expense or were removed as a condition of a caution issued in accordance with s.134 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 |
| Ten-year ban | You were deported or removed from the UK or used deception in your application form or to obtain documents. |