In the UK, policy is to "ban" applicants from entering for various periods of between 1 and 10 years if they are found to commit various misdeeds, like deception on an application, overstaying one's leave to be in the country, illegal entry, using fraudulent identities while in the country, etc.,

It's clear that the bans are applied to applications for certain visa types like visitor and tier 4 visas.

Yet, I gather that certain types of applications would trump such bans, and thus not be affected by them, and I further imagine that some other types may perhaps weigh and be influenced by them as one factor of consideration, but not be absolutely determined by them a priori to consideration of the merits of the contents of the actual application itself.

Applications under EDHR article 8 come to mind as those which would likely be wholly unfazed by the presence or absence of an active ban on the subject from the country.

  • Have you read the immigration rules? It's all in there ... somewhere.
    – phoog
    Sep 19, 2020 at 19:25
  • On one hand, couldn't that retort be used to dismiss a great many of the questions on this site, thus defeating a big part of the purpose of the site itself?
    – Joseph P.
    Sep 19, 2020 at 21:06
  • 1
    I'm pretty sure a ban applies to every kind of visa where there is discretion, I.e. where the government decides if you are allowed in. The only kinds of entry it would not apply to are ones where you have an automatic legal right to enter. I also believe deception might be considered a criminal matter, and even if you were allowed to enter you could find yourself arrested. Sep 19, 2020 at 22:03
  • 1
    On the one hand, yes, but I don't have time to look them up and write a proper answer. On the other hand, use your favorite search engine and type in "immigration rules" uk. Unless you're very patient or a very quick reader, you will indeed need to be pointed to the right sections. Nearly everyone agrees that the immigration rules are almost incomprehensibly complex and poorly drafted.
    – phoog
    Sep 19, 2020 at 22:06
  • 3
    @DJClayworth in fact there are specific types of visas to which the various bans apply. The extent to which discretion is applicable to any of those visas I do not know. I may be able to work up an answer sometime next week, but the relevant information should already be somewhere on this site. I definitely remember the topic coming up at some point in the last few years. The only thing I remember for sure is that many bans are inapplicable to family settlement visas (maybe discretionary) and that all are inapplicable to applications under EU free movement (some definitely discretionary).
    – phoog
    Sep 19, 2020 at 22:10


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