What a re-entry ban is
A re-entry ban is the popular name for a mandatory refusal period under the suitability rules of the Immigration Rules (Part Suitability, SUI 11 to 13). Where a person aged 18 or over has previously breached immigration law, an application for entry clearance or permission to enter made within a set period after they left the UK must be refused. The breach, and how and when you left, decide the length.
What counts as a breach
- Overstaying your permission, subject to the exceptions below.
- Breaching a condition of your permission, such as working without permission, unless a later grant was made knowing of the breach.
- Being, or having been, an illegal entrant.
- Using deception in an application, whether or not it succeeded.
- Acting to frustrate immigration controls: for example using a false or multiple identities, failing to cooperate with removal, absconding, claiming benefits or renting or working without entitlement, or taking part in immigration crime.
The periods
| How you left | Refusal period, from the date you left |
|---|---|
| Left voluntarily at your own expense | 12 months |
| Left voluntarily at public expense, within 6 months of being given notice of liability for removal, or of an appeal or administrative review ending | 2 years |
| Left voluntarily at public expense, more than 6 months after that notice | 5 years |
| Left or were removed as a condition of a caution | 5 years |
| Removed at public expense | 10 years |
| Used deception in an application (for visits, applications for entry clearance only) | 10 years |
Where more than one breach applies, the one giving the longest period counts. Separately, an application may still be refused after the period has ended, if you acted to frustrate immigration controls.
When an overstay is disregarded
A period of overstaying is not counted as a breach where you left the UK voluntarily, not at the Home Secretary’s expense, and you overstayed for:
- 30 days or less, if the overstaying began on or after 6 April 2017; or
- 90 days or less, if it began before that date.
You are also not treated as an overstayer where an in-time application was refused or rejected and you applied again within 14 days, where you applied within 14 days of your permission expiring and had a good reason beyond your control for being late, or for overstaying that fell within certain Covid-19 periods (24 January to 31 August 2020), for Hong Kong BN(O) holders between 1 July 2020 and 31 January 2021, and for periods covered by a written exceptional assurance between 1 September 2020 and 28 February 2023.
Applications made from inside the UK
The mandatory refusal periods apply to entry clearance and permission to enter. For permission to stay, a breach of immigration law can still be a ground for refusal, but it is discretionary. How serious the breach was, how long ago, and what has happened since all matter. See overstaying in the UK and human rights and private life applications.
How we help
We establish what counts as the breach and when the period ends, and advise whether to leave and apply from abroad, apply from inside the UK, or wait. A consultation costs from £99.
