QUESTION: I have been deported by UKBA: am I eligible to apply for legal entry after 3 months? Because I heard that once you are deported, you can not apply (banned) for 10 years.
ANSWER: If you are deported from the UK under the provision of “Automatic Deportation” normally you would face a ban of up to 10 years before you can apply to re-enter the UK. However, if you are removed as opposed to being deported then you may face a ban of up to 5 years instead. The difference between being deported and removed is that deportation normally occurs where an immigrant has committed a serious criminal offence or can be viewed as a person who is somebody who poses a risk to UK society and the public at large. Removal usually occurs where someone who has overstayed in the country or have in some way breached the requirements of their UK visa.
In some cases where a person makes a voluntary departure to their home country where they have overstayed they may be able to reapply to come back to the UK almost immediately if they are applying for entry clearance on the basis of settlement with family members in the UK.
It should be noted that where an individual is deported but not by way of “Automatic Deportation” so it is a regular Deportation, then the person would need to be outside of the UK for 3 years before they can then make an application for the Deportation Order to be revoked in order to then try to re-enter the UK. Deportation is a complex is a complex matter and you are best advised to seek advice from a firm of experienced immigration solicitors to clarify which type of Deportation applies to you and how to re-enter the UK.
For questions regarding the subject covered in this guide, please visit migreat.com.