Last updated: 23 October 2026 · Reviewed by Jay Sudra, IAA-regulated immigration adviser
If you stayed in the UK after your visa expired, you may face a re-entry ban: a period during which a new visa application will be refused automatically. How long it lasts depends on how long you overstayed, how you left, and who paid for your journey.
This guide explains the current rules, which changed recently. The Home Office now calls these bans “mandatory refusal periods”, and they’re set out in a section of the Immigration Rules called Part Suitability.
What counts as breaching the immigration rules?
A re-entry ban can apply if, when you were 18 or over, you:
- overstayed your permission (stayed after it expired), unless an exception applies
- breached a condition of your visa, for example working when you weren’t allowed to
- entered the UK illegally
- used deception in an application, whether or not the application succeeded
- frustrated immigration control, for example by using a false identity, absconding, or failing to report
Breaches while you were under 18 don’t count towards a ban.
Which overstays are ignored?
Not every overstay leads to a ban. An overstay is disregarded if you left the UK voluntarily and:
- you overstayed by 30 days or less (if the overstay began on or after 6 April 2017), or
- you overstayed by 90 days or less (if it began before 6 April 2017)
You’re also not treated as an overstayer if you applied for a new visa within 14 days of your permission expiring and the Home Office accepts there was a good reason beyond your control why you couldn’t apply on time, such as a hospital stay. The reason must be explained in or with the application.
An overstay caused by a Home Office refusal that was later withdrawn or overturned doesn’t count either. The exception is where the legal challenge was brought more than 3 months after the decision.
How long is a re-entry ban?
The length depends on how you left the UK:
| How you left | Ban length |
| You left voluntarily, at your own expense | 12 months |
| You left voluntarily at public expense, within 6 months of being told you were liable to removal (or of any appeal or review ending, if later) | 2 years |
| You left voluntarily at public expense, more than 6 months after that | 5 years |
| You left or were removed as a condition of a police caution | 5 years |
| You were removed at public expense | 10 years |
| You used deception in an application | 10 years |
“Public expense” includes the Home Office paying for your flight or for help to return home, for example through the Voluntary Returns Service.
The ban runs from the date you left the UK. For deception, it runs from the date your application was refused. If you have more than one breach, only the one leading to the longest ban applies.
What about deportation?
People subject to a deportation order follow different rules. A deportation order stops you returning for as long as it’s in force, not for a fixed period. It must be revoked before you can come back.
Does a ban apply to every type of visa?
The mandatory refusal periods apply to applications for entry clearance (a visa from outside the UK) on almost all routes, including visit visas, work visas and student visas. They don’t apply under the EU Settlement Scheme.
Family applications are more complicated. The Home Office guidance says there are further exceptions for people applying for entry clearance as a family member, such as a spouse or partner. However, the rules don’t set out clearly how those exceptions work. If you have a past overstay and want to apply for a spouse visa, take advice on your own history before you apply.
Applying from inside the UK
A mandatory refusal period can’t be used to refuse an application for permission to stay made from inside the UK. However, the Home Office can still refuse that application because of a past breach. See switching to a spouse visa from inside the UK.
After the ban ends: you can still be refused
A ban ending doesn’t wipe the slate clean. The Home Office can still refuse a later application because of a past breach, especially where someone frustrated immigration control or used deception. You must always declare past overstays and refusals. Failing to declare them can itself be treated as deception, which leads to a 10-year ban.
How do you know if you have a ban?
Your Home Office record will show how and when you left, but a ban can apply even if it was never formally recorded. If you’re not sure of the dates or what’s on your file, you can make a subject access request to the Home Office for a copy of the information it holds about you. Do this before applying, so your application matches the Home Office’s records.
Worried about a past overstay?
A past breach doesn’t always mean you can’t come back. It does mean your application needs careful preparation. Book a free assessment and we’ll review your immigration history before you apply, or see our visa refusal and appeals service.
IAA-Regulated Immigration Adviser & Founder, JPS Immigration
Former UK Home Office Immigration Officer & British Diplomatic Service Entry Clearance Officer
22+ years’ experience | BBC News contributor | LinkedIn profile
Frequently Asked Questions
I overstayed by a few days. Will I be banned?
If you overstayed by 30 days or less and left voluntarily at your own expense, the overstay is disregarded for ban purposes. You must still declare it on future applications.
Can a ban be lifted early?
The rules don’t give a general power to waive a mandatory refusal period. In family cases, though, a refusal can raise human rights issues, and there may be other ways to challenge it. Take advice on your situation.
Does a visa refusal mean I’m banned?
Not usually. A normal refusal doesn’t create a ban. Bans come from breaches such as overstaying or deception. See what happens after a UK visa refusal.
I overstayed as a child. Does that count?
No. Breaches while you were under 18 don’t count towards a mandatory refusal period.
When does the ban start?
From the date you left the UK. For deception, it runs from the date of the refusal decision.
This guide is general information, not legal advice. The suitability rules are complex and changed recently, so always take advice on your own immigration history.
