we’ll be breaking down re-entry bans in the UK — what they are, why they’re given, and how long they last. If you’ve had any issues with UK immigration in the past, this information could be helpful.
A re-entry ban is a rule that prevents someone from entering the UK for a set period if they’ve broken UK immigration laws before.
This ban can last for 1, 2, 5, or even 10 years, depending on what kind of breach happened and how long the person overstayed and who cover the cost of return journey.
Some common reasons for a re-entry ban include:
• Overstaying: meaning Staying longer than your visa allowed without extending it.
• Breaking visa conditions: For example, working when your visa didn’t allow it.
• Using deception: such as Lying or providing false information in a visa application.
If a re-entry ban applies, it means the Home Office will refuse most applications to enter the UK until the ban period ends.
- How Long Do Re-Entry Bans Last?
The duration of a re-entry ban depends on how you left the UK and whether you covered the travel costs yourself or if the UK home office paid for it. Here’s a breakdown:
• 1-Year Ban: If you overstayed but left voluntarily within 30 days and paid for your travel.
• 2-Year Ban: If you left voluntarily within six months, but the Home Office covered your travel costs.
• 5-Year Ban: If you left after more than six months, and the Home Office paid for your travel.
• 10-Year Ban: If you used deception in your application, for example by lying about a previous refusal.
In many cases, the ban starts from the date you leave the UK. But for deception-related bans, the 10-year period starts from the date your application was refused.
So that’s an overview of what re-entry bans are and how long they can last. In the next video, we’ll talk about cases where a re-entry ban might not apply and options for applying despite a ban. Stay tuned for more!
over some situations where a re-entry ban might not apply, and if it’s possible to enter the UK even with a ban.
- When Re-Entry Bans Don’t Apply
There are some cases where the Home Office won’t apply a re-entry ban, even if there was a previous breach. This might happen where:
• If you’re applying under Appendix FM (for family visas) or Appendix Private Life, a re-entry ban might not apply. These routes have their own suitability requirements, which could allow for more flexibility.
• Minors: If you were under 18 when you breached immigration laws, you won’t face a re-entry ban as an adult.
• Victims of Trafficking: If the Home Office accepts you as a victim of human trafficking, you’re exempt from re-entry bans.
• Special Case (2008 Only): If you were in the UK illegally after March 17, 2008, and left before October 1, 2008, without government support, a re-entry ban won’t apply.
- Can You Apply to Enter the UK Despite a Re-Entry Ban?
If a re-entry ban is in place, getting permission to enter the UK is very difficult. However, in rare cases, you can ask to be allowed in for “compelling compassionate reasons.” This could be something extreme, like needing to visit a dying family member. But the Home Office rarely approves these requests, so the circumstances need to be exceptional.
Most people with strong family ties or human rights claims, for example, might be better off applying under Appendix FM, which covers family relationships, or Private Life, if that applies. - Risk of Refusal Even After a Ban Ends
Even after the re-entry ban period ends, your application might still be refused if there were extra issues. This could include:
• Using a false identity
This type of refusal is discretionary, which means the decision-maker has some flexibility but could still refuse your application if they believe there are serious concerns.
A Subject Access Request, or SAR, is a way for you to request a copy of personal information that any organisation, like the Home Office or HMRC, holds about you. This is particularly helpful for people needing records for their immigration cases, such as proof of previous visa applications, details of entry and exit dates, or even work and tax history.
Under the Data Protection Act 2018 and the UK GDPR, you have the right to access this data from organisations — including UK government departments like the Home Office.
SARs can provide essential information that may be critical to your application. For example
• Proving Long-Term Residency: If you’re applying based on long-term residence in the UK, SARs can provide old visa records or travel history to help prove you’ve lived here continuously.
• If your application requires proof of employment or tax payments, a SAR can pull up records from HMRC or even from past employers, showing that you’ve been employed, paying taxes, or receiving benefits as required.
• If there’s a delay in your immigration application, a SAR to the Home Office can reveal any internal notes about your case, which can give you insights into where things stand and help decide on your next steps.
- How SARs Can Strengthen Your Case
SARs are powerful tools that help you gather solid evidence to support your immigration case, clarify your history and provide key details that might otherwise be difficult to access, allowing you to present a complete and well-supported application.