Legal Gateway Solicitors Blog

Concession on General Grounds for Refusal

01-04-08 Posted In: Immigration

On 1st April 2008, the Immigration Rules changed.  From that date, the Rules have included mandatory bans on returning to the UK for people who have breached UK immigration law in certain ways.

Since the changes were first published, the Government has made important concessions. 

Time Limited Exemption from Re-entry Bands

In order to encourage those in the UK at that time in breach of Immigration Law to leave the United Kingdom voluntarily, the then Minister of State confirmed that anyone who was in the UK on 17th March 2008 and left the UK voluntarily before 1st October 2008 would not face a mandatory re-entry ban.

Joining Family Who Are Settled in the UK

On 13th May 2008, it was announced that anyone who is applying under the Rules to join a family member who is settled in the UK will not face a mandatory refusal because of a re-entry ban.  This covers:-

• Those applying to joint a spouse, civil partner, unmarried or same sex partner;
• Fiancees or proposed civil partners;
• Parents, grandparents or other dependent relatives;
• Those seeking to exercise rights of access to a child;

Children

Nobody will face a re-entry ban because of breaches of immigration law that he or she committed whilst under the age of 18.

Victims of Trafficking

Nobody will face a re-entry ban by virtue of breaching immigration law in the event that they can establish that they are a victim of trafficking.

People Granted Leave to Enter or Remain in the UK

It has been confirmed with anyone who is granted leave to enter or remain in the UK, will not face a re-entry bank for any breach of immigration law before they were granted leave to enter or remain in the UK, provided that the leave was granted in knowledge of the breach.

General Considerations

Just because a person is exempt from the new re-entry bans, does not mean that he or she will be guaranteed a right to return to the UK.

Even if someone is exempted from a re-entry ban because of a concession, he or she may be refused an application to return to the UK if:-

• He or she does not satisfy other requirements of the Immigration Rules;
• If he or she has “contrived in a significant way to frustrate those Rules”

Human Rights

Even where a re-entry ban applies that would prevent someone from returning to the UK, this does not prevent that person from making an application to come to the UK on the basis that refusing their application would breach their human rights.

It is imperative that persons who have breached immigration law during the course of their stay in the United Kingdom obtain legal advice prior to submitting any further applications to enter or remain in the UK.