It is very difficult to gain re-entry to the UK after a forced removal/deportation.
The immigration rules include general grounds for refusing to allow anyone to enter, and re-entry bans are applied to certain categories of people who breached immigration law in certain ways in a previous attempt to enter or stay in the UK.
These breaches are:
breaching a condition attached to your previous leave;
having entered the UK unlawfully;
having used deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Home Office (whether successful or not).
Generally, entry to the UK will be refused if you fall into these categories, unless:
you overstayed for less than 90 days and you left the UK voluntarily at your own expense.
you left the UK voluntarily at your own expense more than 12 months ago
you left the UK voluntarily, but at the expense of the state more than two years ago IF you left the UK no more than 6 months after the date on which you were given notice of liability for removal, or no more than 6 months after the date on which you no longer had a pending appeal or administrative review (whichever is the later)
you left the UK voluntarily, but at the expense of the state more than five years ago
you were removed or deported from the UK more than 10 years ago.
Where more than one breach of these has occurred, only the breach which leads to the longest period of absence from the UK will be considered.
There are other situations in which re-entry bans may not be applied, for example, if you left the UK voluntarily before 1 October 2008, or you were a victim of trafficking. If a re-entry ban is applied to you, and this would breach your human rights (for example, to be with family in the UK), you may be able to challenge it on human rights grounds.
Remember that even if one of these exemptions applies to your situation, you may still be refused leave to enter the UK. This is because the Immigration Rules allows for a discretionary refusal of an application if the Home Office decides you have “previously contrived in a significant way to frustrate the intentions” of the immigration rules.
The immigration rules state that entry to the UK is to be refused if:
you are currently subject to a deportation order, or
you were convicted of an offence and sentenced to more than four years imprisonment (prior to being deported).
If you were sentenced to less than four years, but more than 12 months, entry is to be refused unless more than 10 years has passed since the end of the sentence.
If you were sentenced to less than 12 months, entry is to be refused unless more than five years has passed since the end of the sentence.
The immigration rules state that "only be in exceptional circumstances" would "the public interest in maintaining refusal [to enter the UK] be outweighed by compelling factors" if you are trying to challenge a re-entry ban after a deportation.
The Right to Remain Toolkit, version 3.0, was funded by donations from the public. Right to Remain receives no government funding. All our funding comes from grants from charitable trusts, and from public donations. Like many small non-profit organisations, we struggle to keep going financially. You can help to keep the Toolkit updated by making a donation or, better still, a regular solidarity payment via bank standing order. Even small donations help.
The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. But we know that other, funded, organisations have found the Toolkit useful since it was first published in 2013. If your organisation uses the Toolkit, please consider making a donation to pay for its upkeep.
License to share this resource
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. You are free to copy, share, adapt, use the material for non-commercial purposes, as long as you meet the following conditions: Attribution: You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests that Right to Remain endorses you or your use. NonCommercial: You may not use the material for commercial purposes.