Q&As

If a person has leave extended by section 3C of the Immigration Act 1971 and now wishes to withdraw their application, how long can they remain in the UK without triggering a mandatory re-entry ban if they wish to subsequently return to the UK?

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Published on LexisPSL on 10/04/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • If a person has leave extended by section 3C of the Immigration Act 1971 and now wishes to withdraw their application, how long can they remain in the UK without triggering a mandatory re-entry ban if they wish to subsequently return to the UK?

If a person has leave extended by section 3C of the Immigration Act 1971 and now wishes to withdraw their application, how long can they remain in the UK without triggering a mandatory re-entry ban if they wish to subsequently return to the UK?

The Practice Note: Mandatory grounds for refusal and re-entry bans at the heading ‘Overseas and on-entry applications—mandatory refusal with resulting re-entry ban’ notes that, under the Immigration Rules, Part 9, para 320(7B):

‘Unless an exemption applies, or a relevant re-entry ban time period has elapsed, an application made under a category within Parts 2‒8, or Appendix Armed Forces, must be refused where a person has previously breached UK immigration law by:

  1. overstaying, unless for a period of 90 days or less (where the overstaying began before 6 April 2017) or 30 days or less (where the overstaying began on or after 6 April 2017) and, in either case, they left the UK voluntarily and not at public expense

[…]

Where any of the above circumstances apply, any further application to re-enter the UK will be refused until the following re-entry ban time period has elapsed:

  1. one year, if the individual left the UK voluntarily and not at public expense—note that those refused entry at port will fall within this category, provided they complied with the terms and conditions issued by the refusing port, such

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