Updates, commentary, training and advice on immigration and asylum law

Guidance published on re-entry ban


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The Home Office and UK Visas have published guidance on their website about how their decision-makers should apply the re-entry ban and the concession that was announced. Unfortunately, they appear to be sticking to the strict terms of the concession that was announced in Parliament, meaning that the concession only applies to those present in the UK on 17 March 2008 who leave voluntarily before 1 October 2008. Anyone who left before 17 March 2008 does not fall within the concession and appears to face the exclusion ban.

Anyone in this position should certainly seek legal advice as it is absurd to treat worse those who had already departed from the UK in order to regularise their position than those who had lingered in the UK for longer.

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.


7 Responses

  1. dose the re-entry ban applied for people who overstayed 3 years ago and still in the uk . would they given a visa if go back voluntary . what documents will be require to get the visa as a jamaica born to come back in the uk. would aletter will be confirmed to say they can come back after 1 year time when go back voluntarily . please reply by email with any advise

  2. Sorry, Karen, but I can’t give advice through this website for various reasons, not least of which are time and not being paid for it. Some advice on finding a good immigration lawyer is given on the ‘Advice’ page.

  3. hi can you confirm what the situation is when my partner has left the Uk before the 1 october 2008 under the new concessions and immigration rules. When can he apply to return ? must his application be made before the 1 October 2008 or can we have some time to get ourselves financially sorted . If he apply after the 1 october 2008 will there be a Ban of 1-year on his application?

  4. I Just tried to apply for another two year working visa but got declined as i already had one and failed to admit it so was given the ten year ban. My partner is a UK Citizen, any ideas around the ban or ideas on how i can get it lifted?

  5. I applied for psw in october 2008 which was refused on 30th jan 2009 under false representaton as i applied through ccl college with a right to appeal .i got the degree in june 2008 when the college was legal enough for HO.my student visa expied in nov 2008 .i was doing MBA as well so i applied for student visa extension on 11th feb 2009, 2 months after my visa expired under late admission.on 11th nov 2009 after 11 months my student visa also got refused as well stating that i used deception in my previous application so it has been refused and no right to appeal under late admission.there is no ban mentioned in my refusal but have to contact immigration office by 20th which i did and leave the country.i have to go back leaving my MBA mid-way.im my case do i get to reapply for jan 2010 in take to contnue my mba or there is a 1 yr ban as im leavin on my own expenses.please reply me as soon as possible.

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