My husband left the UK voluntarily after overstaying for 7 years. He collected his passport at Heathrow airport before boarding his flight back to the US. Can he return to the UK for a visit, as we are not sure how much longer my father has to live and my husband would like to come to the funeral when my father passes away.

My husband returned 3 years ago to the US.

Please advise.

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    Almost certainly not without applying for and getting a visa. And your chances of a visa are extremely slim. – RoboKaren Aug 25 '18 at 3:10
  • @dda Your edit refers to a ban but there's no mention of one in the OP's original post. – user79658 Aug 25 '18 at 4:48
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    Was your husband the subject of a removal order (as his passport being held suggests)? If so, the removal order would state when he can apply to return to the UK; he would no longer be eligible for visa-free entry as a US national. – Giorgio Aug 25 '18 at 14:17
  • I can't imagine how your husband will prove to either the visa officer (if he applies in advance, which he should) or the border guard (if he just flies in) that he does not intend to overstay again to be with his family. – Andrew Lazarus Sep 10 '18 at 19:05

Your husband's overstay breached the conditions of his leave to enter the UK, although he departed voluntarily after the initiation of removal procedures. The documentation he received would have indicated the applicable re-entry ban after voluntary departure (one year, 2 years or 5 years); it would be 10 years after enforced removal or deportation.

He certainly can apply for leave to enter the UK, and should. While a non-visa national does not normally need advance permission to enter the United Kingdom, it would be advisable to do so with such an immigration history.

Understand that his breach and removal are part of his record, permanently, and would be considered when he asks to be allowed to return to the UK. As a word of caution, if he currently barred from re-entry, it may be unwise to apply at this time, as a refusal could invoke an extension of the current ban, or worse.

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