When an applicant has breached UK immigration laws in one or more of the following ways (and was 18 or over at the time of their most recent breach) and is applying for entry clearance within the periods set out below, the application is refused.

• overstayed (unless an exception applies)
• breached a condition of their permission
• been, or are, an illegal entrant (‘illegal entrant’ includes those who have attempted to enter illegally)
• used deception in an application for entry clearance or permission to enter (whether the application was successful or not) 

Disregarded overstay

For the purpose of calculating the period of overstaying, if any of the following is applied, overstaying will be disregarded.

• the person has overstayed for the purpose of voluntary return or been assisted return
• the person overstayed for 90 days or less and the overstaying began before 6 April 2017
• the person overstayed for 30 days or less and the overstaying began on or after 6 April 2017
• overstaying in relation to which paragraph 39E of the Immigration Rules (concerning out-of-time applications made on or after 24 November 2016) applied, together with any period of overstaying pending the determination of any related appeal or administrative review
• Overstaying arising from a decision of the Secretary of State which was subsequently withdrawn, quashed, or which the Court or Tribunal required the Secretary of State to reconsider in whole or in part, will not be counted unless the challenge to the decision was brought more than 3 months from the date of the decision.

What happens when there has been a previous breach of immigration law?

When a person who is applying for entry clearance or permission to enter has previously breached immigration laws, immigration officials must look at the date of application. If the date of application is within the relevant time period, the application must be refused, unless one of the exemptions applies.

• one year if they left the UK voluntarily (not at public expense) — where they were refused at the port, they must have followed all conditions imposed by the port (such as temporary admission conditions) and then been removed at the carrier’s expense, to qualify for only a one year ban;
• 2 years if they left the UK voluntarily, at public expense, no more than 6 months after the date on which they were given notice of their removal decision, or no more than 6 months after the date on which they exhausted their appeal rights against that decision, whichever is the later;
• 5 years if they left the UK voluntarily, at public expense;
• ten years if they were removed from the UK at public expense;
• 10 years if they used deception (which includes using false documentation) in support of a previous application for entry clearance;
• 5 years if they left or were removed from the UK as a condition of a caution issued in line with section 22 of the Criminal Justice Act 2003;

The Home Office will not necessarily refuse the visa application with a prior immigration breach or other issues. Immigration breaches might include deportation, refusal of entry at the UK border, illegal entry into the UK, overstaying on permission, criminal offenses, or the breach of immigration rules of another country.

Under some conditions, the application may be refused on such grounds. However, it is of the utmost significance that the applicant discloses a previous immigration breach when applying for a UK visa. Even if it is minor issues you think, declare any offenses or any breaches. It needs to be rather upfront and honest about any offenses.

You will eventually be discovered if you lie about any facts or breaches. It is crucial that you disclose all relevant facts.

Therefore, UK Visas and Immigration will see you as attempting to mislead and deceive the British government if you do not disclose any specific facts and answer the questions on your online UK visa application truthfully. They will refuse your application and may ban you from entering the United Kingdom for ten years or more.

Numerous applications with individuals who had prior issues were successful by us. Fortunately, their visas were granted because they disclosed these and answered all these questions truthfully. For expert advice in relation to an application with your prior issues, leave us a message or contact us.