Voluntary Departure vs. Forced Removal: Impact on UK Re-Entry Bans

Individuals found to be in breach of their UK visa conditions or residing in the country illegally often face the prospect of leaving the UK. However, the manner in which they depart, whether voluntarily or through forced removal, can significantly impact their future ability to re-enter the UK. 

Both voluntary departure and forced removal have legal consequences, particularly re-entry bans lasting from 1 to 10 years. This blog explores the key differences between voluntary departure and forced removal and how each impacts an individual’s immigration status and prospects of re-entering the UK in the future. 

What Is Voluntary Departure?

Voluntary departure refers to the process where an individual liable for removal from the UK because of issues like overstaying their visa opts to leave at their own expense without enforcement action from the Home Office.

It is important to note that voluntary departure requests can sometimes be declined when deportation is more appropriate, or removal directions are already in place unless there are exceptional circumstances, such as a family needing to stay briefly for a child’s education.

Can I Come Back to UK After Voluntary Departure?

​Re-entry to the UK after a voluntary departure depends on your immigration history and the circumstances of your departure. If you left voluntarily at your own expense within 30 days of your leave expiring, you may face a one-year re-entry ban. Departing voluntarily at the UK’s expense can result in a two- or five-year ban, depending on how promptly you left after being notified of removal.

Eligibility for Voluntary Departure

To qualify for voluntary departure, individuals must meet specific criteria under UK immigration law. The key eligibility points are:

• Non-detained individuals or families without valid permission to stay in the UK.
• Individuals who have:
  • Overstayed their visa or are in the UK illegally.
  • Withdrawn or wish to withdraw a pending visa application.
  • Made a protection claim.
  • European Economic Area (EEA) citizens or family members without settled status or who did not apply to the EU Settlement Scheme (EUSS).

Voluntary departure is not available to individuals who:

• Are under investigation by the police, unless departure is supported by law enforcement.
• Have been convicted of an immigration offence and issued a deportation order.
• Hold British citizenship or already have indefinite leave to remain or refugee status.
• Have existing return arrangements in place.
• Are unaccompanied children without sufficient reception facilities in their country of return.

Foreign national offenders serving prison sentences between 12 months and 4 years may be eligible for the facilitated returns scheme (FRS). The Home Office makes the final decision.

What Is Forced Removal?

Forced removal refers to the process where an individual is required to leave the UK under the direction of the Home Office, usually because they have breached immigration rules, such as overstaying a visa or entering the country illegally. Sometimes, individuals are also removed because of a deportation order from the court due to criminal activity. 

The decision to enforce removal is typically based on the individual’s immigration history and whether their ongoing presence in the UK is conducive to the public good.

You might like: Overstaying Your Visa: Consequences and Re-Entry Ban Risks

The Re-Entry Ban System in the UK

A re-entry ban is a legal measure enforced by the UK Home Office that restricts individuals from returning to the UK for a specified period due to breaches of immigration laws. These bans normally last 1 to 10 years, based on the type and seriousness of the immigration violation.

Common grounds for enforcing re-entry bans include overstaying a visa, illegal entry, working without a permit, or giving false information on visa applications. The duration of the ban is decided by how the individual left the country and if the Home Office expended any expenditures in their removal.

For example, if a person overstays their visa for more than 30 days and leaves the UK willingly, they could be subject to a 1 year re-entry restriction, assuming they fund their voluntary return.
If the Home Office incurs the cost of their departure from the UK, the ban can increase to 2 or 5 years, depending on how quickly the person departs after receiving notice.

More serious violations, such as using deception in a visa application or being deported for criminal activities, can result in a 10-year re-entry ban. This is the most severe penalty and generally applies when the breach of immigration rules is deemed to have significantly undermined public trust or national security. 

Find out more: Common Reasons for Receiving a UK Re-Entry Ban

How Do Voluntary Departure and Forced Removal Affect Re-Entry Ban Period?

Re-entry bans are penalties set by the Home Office to discourage breaches of immigration rules. Depending on the circumstances, they range from 1 to 10 years. The way an individual leaves the UK, whether through voluntary departure or forced removal, significantly impacts the length of the re-entry ban imposed. 

Voluntary Departure

When someone leaves the UK voluntarily, the re-entry ban tends to be shorter. For instance:

• 1-Year Ban: If an individual voluntarily departs at their own expense after overstaying a visa or violating immigration conditions (but stays for less than 30 days beyond the visa expiry), they may face a 1-year re-entry ban.
• 2-Year Ban: If an individual departs voluntarily but at the government’s expense through a program like Assisted Voluntary Return (AVR), they may face a 2-year re-entry ban. This often applies when the individual leaves within six months of receiving a notice of removal but requires financial assistance for their departure.
• 5-Year Ban: If a person leaves voluntarily but after exceeding the permitted time frame (typically six months after receiving notice of removal), a 5-year re-entry ban may be imposed. Delayed voluntary departures often trigger this longer ban, which reflects the failure to act within the specified period.

Forced Removal

In cases of enforced removal, the consequences are more severe:

• 10-Year Ban: Individuals who are forcibly removed or deported from the UK automatically face a 10-year re-entry ban. This is the harshest penalty, typically reserved for serious breaches such as refusal to leave voluntarily or using deception in visa applications. The 10-year ban serves as a significant deterrent, reflecting the gravity of forced removal under UK immigration law.

Let Our Experts Help You

Facing a re-entry ban or forced removal can be a daunting and stressful experience. However, you don’t have to navigate it alone. At Gulbenkian Andonian Solicitors, our expert immigration team has extensive knowledge and experience in handling re-entry bans, whether they last for 1, 2, 5, or 10 years.

We take the time to understand your unique situation and offer tailored legal solutions to help minimise the impact on your future UK immigration prospects. Our goal is to explore every possible avenue to ensure the best outcome for you, whether that involves appealing a decision, reducing the ban period, or guiding you through the next steps.

Contact us today to schedule a consultation. Our team is ready to assist you in addressing this challenging situation.