The House Workplace can impose a compulsory refusal interval, often known as a re-entry ban, on individuals who have beforehand breached immigration legislation or used deception of their utility for depart. Refusal intervals can final one 12 months, two years, 5 years or ten years. Typically talking, and aside from some minor exceptions, the particular person won’t be allowed to re-enter the UK throughout this refusal interval. It sounds simple — however the detailed guidelines on necessary refusal intervals are very advanced. This publish tries to disentangle them.
Notice that we don’t cowl deportation on this publish.
Necessary refusal intervals: what intervals apply when?
The principles referring to refusal intervals for almost all of candidates are at half 9 of the immigration guidelines.
Paragraph 9.8.1 says that entry clearance or permission to enter the UK ”should” be refused if:
(a) the applicant has beforehand breached immigration legal guidelines; and
(b) the applying is for entry clearance or permission to enter and it was made inside the related time interval in paragraph 9.8.7.
Paragraphs 9.8.4 to 9.8.6 give extra particulars on what counts as a interval of overstaying:
9.8.4. In paragraphs 9.8.1, 9.8.2, 9.8.3, and 9.8.3A, an individual will solely be handled as having beforehand breached immigration legal guidelines if, once they have been aged 18 or older, they:
(a) overstayed their permission and neither paragraph 9.8.5. nor paragraph 9.8.6. apply; or
(b) breached a situation connected to their permission and entry clearance or additional permission was not subsequently granted within the information of the breach; or
(c) have been (or nonetheless are) an unlawful entrant; or
(d) used deception in relation to an utility (whether or not or not efficiently).
9.8.5. A interval of overstaying might be disregarded for the aim of paragraph 9.8.4. (a) the place the particular person left the UK voluntarily, not on the expense (instantly or not directly) of the Secretary of State, and:
(a) the particular person overstayed for 90 days or much less, the place the overstaying started earlier than 6 April 2017; or
(b) the particular person overstayed for 30 days or much less, the place the overstaying started on or after 6 April 2017; or
(c) paragraph 39E utilized to the interval of overstaying.
9.8.6. A interval of overstaying might be disregarded for the aim of paragraph 9.8.4.(a) the place the overstaying arose from a choice to refuse an utility, or cancellation of permission, which was subsequently withdrawn, or quashed, or reconsidered by course of a courtroom or tribunal, except the authorized problem which led to the reconsideration was introduced greater than 3 months after the date of the choice to refuse or cancel.
After you have established whether or not or not a compulsory refusal interval applies, it’s essential determine how lengthy it’ll apply for. The House Workplace’s steerage on necessary refusal intervals has a helpful desk which replicates paragraph 9.8.7 of the principles:
Some labored examples would possibly assist.
Instance 1
John made an utility for a customer visa. On the query “have you ever ever been refused a visa?”, he says “no”. The truth is, he had been refused a customer visa two years earlier. The Entry Clearance Officer will say that he has used deception in his utility and refuse the applying. As well as, John might be topic to a ten 12 months necessary refusal interval ranging from the date of the refusal.
Instance 2
Maria had a scholar visa legitimate till 2 March 2025. She didn’t make an utility earlier than the expiry of her visa and, on 3 March 2025, she grew to become an overstayer.
Situation 1: Maria buys herself a ticket to return house on 5 March 2025. She won’t be topic to any necessary refusal interval as a result of she left inside 30 days of the overstay.
Situation 2: Maria stays within the UK till 3 August 2025 (greater than 30 days) with out making any new utility. On 3 August 2025, she is served with a elimination discover. On 5 August 2025, she returns house by way of an Assisted Voluntary Return programme paid by the Secretary of State. She might be topic to a two-year necessary refusal interval as a result of she left on the expense of the Secretary of State however left inside six months of her discover of elimination.
Situation 3: On 1 March 2025, earlier than the expiry of her depart, she made an utility to increase her depart. This was refused and on 3 June 2025, she grew to become “enchantment rights exhausted”.
On 10 December 2025, greater than six months after she grew to become enchantment rights exhausted, Maria returned house by way of an Assisted Voluntary Return programme paid by the House Secretary. She might be topic to a five-year necessary refusal interval as a result of she left on the expense of the House Secretary, greater than six months after she grew to become enchantment rights exhausted.
When does the necessary refusal interval begin?
The refusal interval will begin on the date the particular person leaves UK or, within the case of a ten-year interval following the usage of deception in an utility, from the date of the refusal of that utility.
When do necessary refusal intervals not apply?
The refusal intervals laid out in half 9 don’t apply to purposes made below:
- Appendix FM
- Appendix Non-public Life
- Appendix EU
- Appendix EU (Household Allow)
- Appendix S2 Healthcare Customer
- Appendix Service Supplier from Switzerland
- Appendix Digital Journey Authorisation
The suitability routes for every of the routes needs to be checked, for instance Appendix FM has its personal separate re-entry ban within the suitability necessities, this additionally applies to Appendix Non-public Life (see paragraph PL 2.1):
S-EC.1.8. The applicant left or was faraway from the UK as a situation of a warning issued in accordance with part 22 of the Legal Justice Act 2003 lower than 5 years previous to the date on which the applying is set.
Refusal is necessary the place this paragraph applies.
Underneath paragraph 9.8.4, those that breached immigration legislation whereas they have been minors may even not be topic to re-entry bans.
The steerage “Suitability: earlier breaches of immigration legal guidelines” additionally supplies for the next two teams to be exempted from re-entry bans:
- the particular person has been accepted by the House Workplace as a sufferer of trafficking
- the particular person was within the UK illegally on or after 17 March 2008 and left the UK voluntarily earlier than 1 October 2008
Making use of after the related time interval has handed
Paragraph 9.8.2 says purposes for entry clearance or permission to enter “might” be refused if:
(a) the applicant has beforehand breached immigration legal guidelines; and
(b) the applying was made outdoors the related time interval in paragraph 9.8.7; and
(c) the applicant has beforehand contrived in a major strategy to frustrate the intention of the principles, or there are different aggravating circumstances (along with the immigration breach), akin to a failure to cooperate with the redocumentation course of, akin to utilizing a false identification, or a failure to adjust to enforcement processes, akin to failing to report, or absconding.
Which means even after the necessary refusal interval has handed, the place there are aggravating elements as listed above the applicant continues to be susceptible to refusal. Do be aware that it is a discretionary moderately than necessary floor for refusal and so it will likely be potential to steer the choice maker that entry clearance or permission to enter.
Can entry clearance be granted throughout a compulsory refusal interval?
Ought to an individual make an utility throughout a compulsory refusal interval, it could nonetheless be potential to be granted entry clearance outdoors the principles. This isn’t simple and the applicant might be anticipated to ascertain “compelling compassionate grounds”.
It’s unlikely that an utility invoking this coverage might be profitable. The steerage on depart outdoors the principles confirms that:
A grant of LOTR on compelling compassionate grounds needs to be uncommon. Discretion needs to be used sparingly the place there are elements that warrant a grant of depart regardless of the necessities of the Immigration Guidelines or particular insurance policies having not been met. Elements raised of their utility should imply it might not be proportionate to count on the particular person to stay outdoors of the UK or to depart the UK.
In apply, if there have been distinctive circumstances or the particular person had a robust article 8 declare, it’s extra seemingly they might have the ability to apply below Appendix FM, or that they might have utilized for depart to stay when nonetheless within the UK.
This text was initially revealed in March 2017 and has been up to date most lately by Rachel Whickman in order that it’s appropriate as of the brand new date of publication proven.
