Recipients of an immigration decision within the United Kingdom are subject to usually one of two responses, either a grant of a form of leave to remain in the United Kingdom following a successful application or alternatively a refusal of an application refusing leave to enter or remain or variation of leave and more severely the imposition of a ban on entry into the United Kingdom where a breach of immigration conditions, fraud or deception is alleged to be the main basis of grounds for refusal. It is important that persons facing such a ban receive accurate information as the main types of ban can attract up to 5 or 10 years on re-entry into the United Kingdom. For previous applicants, potential applicants and in some cases persons subjected to from the United Kingdom this poses an almost insurmountable problem.
The statement of changes to the Immigration rules is defined at HC 321 found at and which amends the general grounds for refusal of an immigration application.
In practice the rule stipulates
• Mandatory refusal of an application where false representations have made or false documents used, whether or not material to the application and whether or not the applicant knew of the falsehood.
• Re-entry bans for those who have overstayed breached their conditions of leave (e.g. a student working over 20 hrs a week in term time).
Individuals who leave the UK within 28 days of having received a negative decision at their own expense will escape the ban again it is important that an individual receives the right Immigration advice in order to be aware of this.
The question poses the question of how an individual can re-enter the United Kingdom legally after the imposition of a 10 year ban and whether such an individual can successfully re-enter the UK after having challenged the imposition of the ban and before the expiry of the 10 year period. The writer aims to address these questions by providing accurate information.
The starting point addresses a significant reduction in the imposition of a 10 year ban to 1 year by which over stayers making a voluntary departure at their own expense face a 1 year ban, during which any application for entry clearance will be refused, rising to 5 years if the departure was at the expense of the State. It is perceived that leniency is to be applied where culprits appear to cooperate with the Immigration authorities after a ban has been imposed and such persons would be entitled to re-enter the UK legally. However depending on the Immigration advice an individual receives this will determine what course of action is followed.
The second point and perhaps more significant is the application of human rights law and particular the articles of the European Convention on Human Rights whereby an individual having been faced with deportation due to fraud or deception can assert and rely on their rights under the terms of the convention.