A Guide to UK Deportation Rules and Re-Entry Bans

Currently, there is a lot of speculation over what immigration laws will be like after Brexit. You might be feeling quite confused, but don’t worry, it’s difficult for most people to understand!

One thing that will almost certainly stay the same is the fact that under UK deportation rules, re-entry bans will continue to exist for anyone who has broken UK immigration laws.

This guide will tell you all about UK deportation rules and re-entry bans, what you can receive a re-entry ban for, and how long your ban can last.

Our immigration solicitors can provide you with advice tailored to your situation.

UK deportation rules

What is UK Deportation and What are the Rules?

Deportation is when a person is ordered to leave the United Kingdom, invalidating any leave to enter or remain they may hold.

If someone is deported, they can be detained until they are removed from the UK.

It is illegal for a person to be deported without reason, and there are certain deportation rules in place to make sure this doesn’t happen.

The reasons for deportation from the UK under deportation rules include:

  • The Secretary of State deems the person’s deportation is in the best interests of the public
  • The person in question is the spouse, civil partner, or child of a person ordered to be deported
  • The court has recommended deportation is suitable because the person is over the age of 17 and has been convicted of an offence punishable with imprisonment

In addition to their initial deportation, there are also certain travel restrictions in place to prevent people who have broken immigration laws from re-entering the UK.

If you are worried that you or someone you know might be banned from re-entering the UK, it’s a good idea to familiarise yourself with UK deportation rules and re-entry bans, or get in touch with an immigration solicitor.

Who Can be Deported and Banned from the UK?

If you enter the UK illegally, overstay your visa, breach conditions of your leave or use deception in your application, you could be deported and will likely face some sort of re-entry ban. Depending on what you do for the Home Office to deport you, the ban could range from one to ten years.

You can face deportation for breaking any immigration rules, including overstaying the time limit allocated to you on your visa, breaching any conditions stated on your visa, or lying on your application to come to the UK.

Breaching conditions of your leave could, for example, mean getting a paid job in the UK whilst in the country on a visa that doesn’t allow this. Using deception in an application could mean lying about where you were born, your age, your criminal history or what you intend to do in the UK.

The rules for deportation and re-entry bans apply for adults who make any of these errors, and for children whose parent/s made these errors on their behalf.

Coming back to the UK after deportation is possible, but it depends on whether you have a re-entry ban, which in turn depends on how you broke UK immigration rules.

Are you worried about a re-entry ban?

Re-Entry Ban Limits under UK Deportation Rules

No Ban

If you:

  • Overstayed your visa for less than 30 days,
  • Left the UK voluntarily, and
  • Didn’t cause the Home Office any expense,

then you don’t face any re-entry ban.

One Year Ban

If you:

  • Entered illegally, overstayed for more than 30 days, breached a leave condition, or used deception whilst in the UK, but
  • Left the UK voluntarily, without causing the Home Office any expense,

then you face a one year ban.

Two Year Ban

If you:

  • Entered illegally, overstayed for more than 30 days, breached a leave condition, or used deception whilst in the UK, but
  • Left voluntarily but do cause expense to the Home Office, within six months of being served a removal notice or of exhausting the appeals process,

then you face a two year ban.

Five Year Ban

If you:

  • Entered illegally, overstayed for more than 30 days, breached a leave condition or used deception whilst in the UK, but
  • Left the UK voluntarily after six months, or
  • Left or were removed after receiving a caution,

then you face a five year ban.

Ten Year Ban

If you:

  • Are removed or deported from the UK, or
  • Use deception in your application for entry clearance,

then you face a ten year ban.

What Can I do if I Am Facing Deportation from the UK?

If the Home Office has reason to believe that you have broken UK immigration rules, you will face deportation. This is a scary thought, however there are certain steps you can take to attempt to prove your right to be in the UK.

The Home Office will tell you in writing if they are planning on removing you from the UK. Your first step should be to respond to their letter, listing the reasons why you should be able to remain in the UK. We can help you draft this letter, using our expert knowledge of what the Home Office will deem as acceptable reasons to remain.

Unfortunately sometimes the Home Office will reject a person’s evidence for why they should be allowed to stay in the UK. If this happens to you, you may be able to appeal. You will receive a letter stating whether you can or cannot appeal. If you can, we could help you do so.

If your letter states you cannot appeal, you will have to take your case to a judicial review within three months of receiving the letter. Judicial reviews are hard to succeed in, so if this is your only option it’s best to seek expert immigration advice as soon as you can.

Although it’s hard to go through the stress of potential deportation, including an appeal or judicial review, it is better to do this than avoid or hide from the Home Office. If you do this, you will almost certainly face a re-entry ban and find it difficult to lead a life in the UK in the future.

Are you Worried you are Facing a Re-entry Ban?

If you are worried that you may be facing detention, deportation or a re-entry ban, then our immigration solicitors may be able to help you. Our expert team will assess your case and advise you on how to proceed, doing everything in our power to help you be able to stay in the UK with your family and friends.

We offer specialist, impartial advice, and are always totally honest with clients about their chances of success. We are also fully equipped with expert knowledge of UK immigration and deportation rules, so you know you’re in the best hands. Our expert immigration solicitors will evaluate you as an individual and do our best to help with your application.

We put our clients first, so you can rest assured that you are in safe hands with AWH.

Get in touch today using our contact form or by calling 0844 414 0667.

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