Mandatory Ban from the United Kingdom and its Exceptions

People who have previously breached the Immigration Rules can be banned from the United Kingdom. Mandatory bans can be imposed against you for a set period of time depending on your circumstances which will render any application you make during that period automatically refused.

You will be subject to a period of mandatory ban mentioned below if:

  • You have overstayed your visa in the past
  • You have previously breached any conditions of your visa
  • You have previously been removed or deported from the UK
  • You have used deception
  • You were an illegal entrant
Circumstances Period of Ban
If you have overstayed by 90 days or less and left the UK voluntarily at your own expense. NIL
If you have overstayed by more than 90 days and left the UK voluntarily at your own expense. 12 months
If you left the United Kingdom voluntarily at the expense of the Home Office within 6 months of being asked to leave or your appeal rights being exhausted 2 years
If you left the United Kingdom voluntarily at the expense of the Home Office more than 6 months after being asked to leave or your appeal rights were exhausted. 5 years
If you were removed or deported from the United Kingdom. 10 years
If you have used deception in an application for entry clearance (including false representations or use of false documents). 10 years

However there are some good news as there are exceptions to this rule. You may not face the mandatory ban on returning to UK on the following occasions:

  • If you are applying for entry clearance, leave to enter or remain as a Family Member under Appendix FM to the Immigration Rules (ie applying as a Fiance, Spouse/Civil Partner, Unmarried Partner of a person present and settled in the UK).
  • You were under the age of 18 at the time of your most recent breach of the Immigration Rules.
  • You have been accepted by the Home Office as a victim of trafficking.
  • You were in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008.
  • If false documents or false representations were used in a previous visa application and you were not aware that the documents or representations were false.
  • You have been issued a visa by the Home Office after the breach occurred if they were aware of the breach.
  • You had made a student visa application from within the UK and you were refused solely on the basis that you had made an out of time application.

 

If you think that you fall in one of the mandatory bans or one of the exceptions, do give us a call or book an appointment with one of our Immigration advisers to discuss your situation and the options available to you.

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