How Bans Work if You Breach U.K. Immigration Rules

The United Kingdom’s Home Office can ban the entry of people who have breached immigration law or sought to deceive in their visa applications. The bans imposed can last one, two, five or ten years and those facing them will usually not be allowed to re-enter the U.K during this period. The rules on re-entry bans are complex.

When do re-entry bans apply

A person will be treated as having previously breached immigration laws if, when they were aged 18 or older, they:

• overstayed their permission
• breached a condition attached to their permission and entry clearance or further permission was not subsequently granted in the knowledge of the breach; or
• were an illegal entrant; or
• used deception in relation to an application, whether or not successfully

A period of overstaying will be disregarded if the person left the U.K. voluntarily, not at the expense directly or indirectly of the Secretary of State, and:

• the person overstayed for 90 days or less, where the overstaying began before 6 April 2017; or
• the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017; or
• A period of overstaying will be disregarded where the overstaying arose from a decision to refuse an application, or cancellation of permission, which was subsequently withdrawn, or quashed, or reconsidered by direction of a court or tribunal, unless the legal challenge which led to the reconsideration was brought more than 3 months after the date of the decision to refuse or cancel.

When does the ban period start?

The ban will start on the date the person leaves the U.K. or, in the case of a ten-year ban following the use of deception in an application, from the date of the refusal of that application.

When re-entry bans do not apply

The re-entry bans do not apply to applications made under certain categories such as to those from the European Union, for healthcare visitors and those with electronic travel authorisation.

• Those who breached immigration law while they were minors will also not be subject to re-entry bans.

The following two groups to be exempted from re-entry bans:

• the person has been accepted by the Home Office as a victim of trafficking
• the person was in the U.K. illegally on or after 17 March 2008 and left the U.K. voluntarily before 1 October 2008

Applying for re-entry after the ban

Applications for entry clearance or permission to enter “may” be refused if:

• the applicant has previously breached immigration laws; and
• the application was made outside the relevant time period
• the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances in addition to the immigration breach, such as a failure to cooperate with the redocumentation process, using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.

So, even after the ban has lapsed, the applicant is still at risk of refusal where there are aggravating factors. But this is a discretionary rather than mandatory ground for refusal and so it will be possible to persuade the decision maker that entry clearance or permission to enter.

Entry clearance despite a re-entry ban

Where a mandatory re-entry ban applies it may still be possible to apply for and be granted entry clearance outside the rules. This is not straightforward and the applicant will be expected to establish “compelling compassionate grounds”.