Marrying a British citizen does not automatically allow a deported person to reenter the UK. While marriage to a UK citizen can strengthen a reentry case, there are specific legal barriers and requirements that must be met. This guide explains the rules regarding reentry for deported individuals, how marriage affects the process, and the necessary steps for attempting to return legally.
1. Can a Deported Person Return to the UK After Marrying a British Citizen?
Marrying a British citizen can sometimes help support an application to return to the UK, but it does not automatically lift a deportation order. There are strict immigration rules governing reentry for those who have been deported, and each case is considered based on individual circumstances.
Key Factors Affecting Reentry:
- Reason for Deportation: The grounds for deportation, such as criminal convictions or visa overstays, significantly impact reentry chances.
- Length of Deportation Ban: The UK may impose reentry bans, which range from 1 to 10 years, depending on the reason for deportation.
- Exceptional Circumstances: Demonstrating genuine hardship or exceptional circumstances can sometimes aid in lifting the deportation order.
2. Deportation Bans in the UK
The length of a reentry ban after deportation depends on the circumstances surrounding the deportation. Here are the standard time frames:
- 1-Year Ban: Applied to those who left the UK voluntarily at their own expense after a period of unlawful residence of fewer than 12 months.
- 2-Year Ban: Applied to those who left the UK voluntarily at their own expense after overstaying for more than 12 months.
- 5-Year Ban: Imposed on individuals who were required to leave by the government but left voluntarily.
- 10-Year Ban: Typically imposed on individuals who were forcibly removed (deported).
In rare cases, the Home Office can impose a permanent ban based on serious criminal offenses or significant threats to public safety.
3. How Marriage to a British Citizen Affects Reentry Chances
While marriage to a UK citizen does not remove a deportation ban, it can be used to support a request to return on human rights grounds, especially under Article 8 of the European Convention on Human Rights (Right to Family and Private Life). Demonstrating strong family ties may help argue that the person’s absence causes genuine hardship to their British spouse, especially if children are involved.
However, the Home Office assesses each case individually, and factors like public interest, the severity of the original offense, and proof of genuine hardship are heavily weighed.
4. Applying for a Spouse Visa After Deportation
If a deported person wants to reenter the UK through marriage, they may apply for a Spouse Visa (or Partner Visa), though there are hurdles:
A. Visa Eligibility Requirements
To qualify for a Spouse Visa, the applicant must meet specific requirements:
- Genuine Relationship: The couple must prove a genuine and subsisting relationship, with documentation showing their life together.
- Financial Requirements: The British spouse must meet a minimum income threshold of £18,600 per year (more if dependent children are involved).
- Accommodation Requirement: Evidence of suitable accommodation in the UK.
- English Language Requirement: The applicant must demonstrate English language proficiency, typically through an approved test.
B. Overcoming the Deportation Ban
Deported persons will need to formally apply to have the reentry ban lifted before or during the Spouse Visa application. This is usually done by submitting an Application for Leave to Enter (LTE) and providing reasons why the ban should be lifted.
5. Steps to Apply for Reentry After Deportation
Here’s a general step-by-step process to apply for reentry based on marriage:
Step 1: Consult an Immigration Lawyer
Consulting a qualified immigration lawyer is essential for deported individuals, as they can assess the case, navigate complex immigration rules, and submit the best possible application.
Step 2: Gather Evidence for Exceptional Circumstances
Provide strong evidence that demonstrates the impact of the separation, such as:
- Genuine relationship evidence: Photographs, communication history, travel records, marriage certificate, and more.
- Hardship to the British spouse: Evidence showing the negative impact on the UK spouse’s well-being, especially if children are involved.
Step 3: Submit the Spouse Visa Application
Submit a Spouse Visa application along with documentation and a detailed explanation for why the ban should be lifted based on family life considerations.
Step 4: Await a Decision
The Home Office reviews all applications on a case-by-case basis, considering all factors, including the deportation reason and strength of the family connection.
6. Possible Outcomes of the Application
When applying to return to the UK after deportation, applicants may face several possible outcomes:
- Approval with Conditions: In some cases, the Home Office may allow the person to return under specific conditions, such as regular check-ins or limited residency periods.
- Application Refusal: If the Home Office believes the applicant still poses a risk or doesn’t meet the criteria, the application will likely be refused.
- Right to Appeal: If the application is denied, the applicant may be eligible to appeal the decision. An immigration lawyer can guide this process, helping strengthen the appeal.
7. Alternatives if Reentry is Denied
If a deported person cannot return, they may still maintain a family life with their spouse in other ways:
- UK Spouse Visits: The British spouse can regularly visit the partner in their country of residence.
- Third-Country Relocation: Some couples choose to live together in a third country with more relaxed immigration rules.
- Appeal to the European Court of Human Rights: In some cases, rejected applicants can appeal to the European Court of Human Rights under Article 8, though this is complex and rare.
8. Frequently Asked Questions (FAQs)
1. Does marrying a UK citizen lift a deportation ban automatically?
No, marriage alone does not automatically lift a deportation ban. However, it can strengthen the case for reentry if you can show compelling family reasons or exceptional circumstances.
2. How long does a deported person have to wait before reapplying to enter the UK?
The waiting period depends on the length of the deportation ban. A reentry ban could be 1, 5, or 10 years, and some deportations are permanent.
3. Can a deported person apply for a visa from another EU country?
Yes, they may apply for a visa in another EU country, but UK-specific bans do not apply to other EU nations unless there are EU-wide criminal alerts or similar restrictions.
4. Will children or dependents help improve chances of reentry?
Having children, especially if they are British citizens, can help argue the case under family life considerations, as separating children from a parent can be seen as an exceptional circumstance.
5. What if a deportation order was due to overstaying?
For minor immigration offenses like overstaying, demonstrating rehabilitation, good behavior, and compliance with visa terms could help support the application to lift the ban.
6. Should I hire a lawyer for this process?
Yes, immigration lawyers have experience navigating the complexities of deportation cases, making it much more likely that your application will be thoroughly prepared and well-represented.