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Can I Enter the UK or USA After Being Deported?

To be deported from a country you have called home for many years, or perhaps your whole life is devastating, not only to you but also to family members and friends who became a significant part of your life whilst you were living in Britain or the United States. As immigration lawyers, one common question we are asked is “can I return to the UK/USA after being deported because I want to visit my partner/child/friends/relatives who still live there?”

Deportation stories can be heart-breaking. Take the recent example of twin brothers, Darren and Darrell Roberts who, following prison sentences, face being deported to different countries, even though they have never left the UK and have no close relatives abroad.

According to The Guardian:

“The deportation notice states: “Our records show you have no legal status in the United Kingdom.” The home secretary has deemed “deportation to be conducive to the public good and accordingly it is in the public interest that you be removed from the United Kingdom without delay”, the letter reads.

The twins’ younger sister, Freya Valie Roberts, a student at Bristol University, said: “Darrell and Darren’s plight highlights the systemic racism built into our institutions in Britain… During their time in care, the social care system neglected their duty in nationalising the boys. I and my siblings are their closest immediate family. Removing them from their home would be splitting them from the only family they have.”

Across the Atlantic, an editorial in the New York Times severely criticised the Trump administration for deporting people from America, which has the highest rate of Covid-19 in the world.

“On March 21, the Trump administration drew on a federal law on public health to effectively ban all migrants and asylum seekers in order to avert the “serious danger” of a communicable disease arriving from abroad.

That makes it all the more bitterly ironic that the United States, with the largest number of coronavirus cases in the world, is now consciously spreading the pandemic beyond its borders by continuing to deport thousands of immigrants, many infected with the coronavirus, to poor countries ill-equipped to cope with the disease.”

Given that deportation systems are so harsh in both countries, it is no surprise that returning for a visit is not an easy feat to accomplish.

Entering the UK after being Deported

If you enter the UK illegally, overstay, breach your visa conditions, or try to deceive the Home Office via the information provided to them on application forms, you can be subjected to a re-entry ban. The length of the ban depends on the circumstances of your case.

Length of Ban

Circumstances

No ban

You overstayed for 30 days but left the country voluntarily at your own expense.

One-year ban

You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country voluntarily at your own expense.

Two-year ban

You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country either within six months of receiving a removal notice or within six months of exhausting your appeal/Judicial Review rights and at the Home Office’s expense.

Five-year ban

You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country either within six months of receiving a removal notice or within six months of exhausting your appeal/Judicial Review at the Home Office’s expense or were removed as a condition of a caution issued in accordance with s.134 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Ten-year ban

You were deported or removed from the UK or used deception in your application form or to obtain documents.

There are limited exceptions where the entry ban will not be applied, including:

  • If you were a victim of human trafficking
  • You were unaware the documents you submitted were fraudulent
  • You were illegally in the country after 17 March 2008 but voluntarily left before 1 October 2008
  • You were refused to leave as a student after 1 September 2007 but only because you made an out of time application

Furthermore, those who apply under Appendix FM, Appendix EU, or the EEA Regulations will not be prejudiced by entry bans. There is also scope for caseworkers to consider not applying the ban on human rights grounds; however, the bar is set exceedingly high, and you may have more chance of success by applying under Appendix FM.

Re-entry into America after being Deported

Non-citizens who have been removed from the USA can be barred from re-entering for five, ten, twenty years, or even permanently.

If you are subject to an entry ban, there are limited options for being able to come back into the United States. You can try and apply for a work or family visa, tourist visa, or a green card; however, you will need to apply for a waiver that could “forgive” your prior removal order. This is done by submitting a Form I-212, “Permission to Reapply for Admission into the United States after Deportation or Removal.” You will need to submit substantial paperwork alongside your application, including birth and/or marriage certificates to prove your relationship with anyone.

Wrapping it up

Returning to the United States or the United Kingdom after you have been deported is a complex process, and you will need the advice and representation of immigration specialists. Not only will they examine the reasons for your deportation and establish the most successful route to apply for re-entry, but they can also provide a cover letter, detailing clearly to the caseworker why your application should be approved.

Furthermore, if the application is rejected, they can quickly move to apply for judicial review or appeal the decision. If you have been deported and want to return to the UK or USA, contact our experienced immigration solicitors as soon as possible.

Related Article: Read also ‘Deportation from the UK: how to return after being deported

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"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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