Adverse Immigration History

It is very important that at no time do you gain an adverse Immigration history (either through overstaying, deception or some other means) as you will not only have major problems securing a new UK visa but also potentially a visa for another country.

The United Kingdom will automatically refuse a visa to those who have been found guilty of some types of immigration offences. Arguably such automatic refusals, which by their nature do not consider individual circumstances, may be in breach of the Human Rights Act, but such considerations are outside the scope of this site.

Also, you should at least know the policy which is to refuse a visa / admission where an adult (i.e. someone over the age of 18 at the time of committing the offence) has previously been guilty of:

  1. Overstaying (unless for 28 days or less followed by leaving the UK voluntarily and not directly or indirectly at the expense of the UK government);
  2. Breaching a condition attached to their leave;
  3. Being an Illegal Entrant;
  4. Using Deception in an application for entry clearance, leave to enter or remain (whether successful or not)

From the time of the offence, refusal will be automatic for:

  • 12 months if the individual left the UK at their own expense, or at any event not directly at the expense of the UK government
  • 24 months if the individual left the UK voluntarily at the direct or indirect expense of the UK government and left within 6 months of being ordered to be removed (if an appeal was made, within 6 months of the last appeal being refused or withdrawn)
  • 5 years if the individual left the UK voluntarily at the direct or indirect expense of the UK government more than 6 months after being ordered to be removed
  • 10 years if the individual was removed or deported from the UK
  • 10 years for using deception

These automatic bans do not apply for dependents, and fiancé(s)s of those present and settled in the UK (i.e. EU nationals and those with UK ILR) or refugees and those exercising rights of access to a child.

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