Community, Diaspora and Immigration

Changes to re-entry bans

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Currently people who leave the UK voluntarily and at their own expense after breaking the law (either by entering the UK illegally, breaching a condition of their leave to remain or by overstaying their leave to remain by more than 28 days) will have any application for entry clearance they make to come to the UK automatically refused for a period of 12 months.

This is the least drastic form the re-entry ban regime takes. If you leave voluntarily but at public expense you’ll be banned for 5 years.

HC 863 inserts a change to the regime whereby if you leave promptly and voluntarily but at public expense – you’ll only be banned for 2 years.
The rationale behind this is that it will increase voluntary departures by people who should not be in the UK by providing an incentive to leave the UK.

As can be seen – this is a very extensive set of changes to the Immigration Rules. Two things should be noted – firstly anyone making any application under the Rules before 6 April 2011 will have his or her application considered under the Rules as they are and will be until the end of 5 April 2011.

The second is that the changes and their legal implications for people who are either in the UK or who are considering coming to the UK can’t be represented adequately in an article such as this. As has been noted before on this site – with each Statement of Changes in the Immigration Rules the regime becomes more rather than less complicated.

Anyone who thinks they may be affected by the changes – whether advantageously or disadvantageously – is strongly advised to obtain professional legal advice before making any application.

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