Policy paper

Re-entry, settlement, and citizenship bans: Illegal Migration Bill factsheet

Updated 20 July 2023

What are we going to do?

Anyone who arrives in the UK illegally will be subject to a lifetime re-entry, settlement and citizenship ban.

How are we going to do it?

The bill amends:

• the Immigration Act 1971 so that those who enter the UK, the Channel Islands or Isle of Man illegally will not be able to lawfully remain (whether temporarily or permanently), or re-enter once removed

• the British Nationality Act 1981 so that those who enter the UK, the Channel Islands or Isle of Man, or a British overseas territory illegally will not be able to become British citizens, British overseas territories citizens, British overseas citizens or British subjects

The bill will include a discretionary power to allow the Home Secretary to waive a re-entry ban so that individuals subject to it, in compelling circumstances, can enter and remain in the UK for short periods of time. Individuals seeking a waiver will have to prove the continued imposition of a ban would result in a breach of the UK’s obligations under international law, such as under the Refugee Convention, or that there are compelling circumstances that mean it is appropriate for them to enter the UK for a limited period. Similarly, settlement may be given and citizenship granted in specific exceptional circumstances.

Background

The Immigration Rules (Part 9 – Grounds for Refusal) contain a power which allows the Home Office to refuse an application for entry clearance or permission to enter where an individual has previously breached the UK’s immigration laws - this is commonly known as the re-entry ban policy.

A re-entry ban is triggered by an individual’s non-compliance with the Immigration Rules, including if they overstay; breach a condition attached to their permission; enter the UK illegally; or use deception in an application for entry clearance or permission to enter or stay. The length of the ban differs, however, depending on when and how an individual departs.

Current timescales are:

• a 1 year ban for those leaving the UK voluntarily, at their own expense, within 30 days of their leave expiring
• a 2 or 5 year ban for those leaving the UK voluntarily but at Home Office expense, depending on how soon they depart after notification of a liability for removal
• a 10 year ban for those subject to an enforced removal or deportation, as well as those who use deception in an application

Similarly, settlement suitability requirements in the Immigration Rules (for example in Appendix Settlement Family Life) provide that an applicant must be refused settlement if they have entered the UK illegally, unless the applicant has completed a qualifying period of 10 years with relevant permission.

For citizenship, a person applying for naturalisation currently must meet requirements set out in Schedule 1 to the British Nationality Act 1981. One of the requirements is that the person is settled before making the application, and for 12 months if they are not the spouse or civil partner of a British citizen.

Another is that they must have been in the UK lawfully for the last five years (three years if the spouse or civil partner of a British citizen). There is also a requirement to be of good character. A person can be treated as meeting the lawful residence and character requirements without further enquiry if they have indefinite leave to enter or remain, but serious breaches of immigration laws will normally result in the application being refused.

Citizenship can also be acquired by registration: there are specific provisions for British nationals who have lived in the UK, and for children.

Frequently asked questions

Is an absolute bar on re-entry, settlement and citizenship disproportionate on the basis that it takes no account of individual circumstances?

The bill makes it clear to migrants thinking of coming to the UK illegally – be that by a small boat, in the back of a lorry or other unlawful means – that illegal entry has real, long-term and significant impacts on their future.

If you enter the UK illegally you will be banned from returning at a future date and you will not be able to obtain settlement or citizenship.

The limited power to waive the bans is included for use in specific exceptional circumstances but the overall approach is clear: if you want to come to the UK, you must do so lawfully.

Are there any exceptional circumstances such as an individual who only has family in the UK?

Individuals can apply to enter the UK without coming here via dangerous and illegal routes – we must prioritise those who follow the rules.

What forms of citizenship are covered by the ban?

A person will not be eligible for British citizenship, British overseas territories citizenship, British overseas citizenship and British subject status if they enter the UK or an overseas territory unlawfully.

British citizens acquire that status through a connection with the UK. All British citizens have the right of abode in the UK, which means they can enter, live and work in the UK without restriction.

British overseas territories citizens are people connected with one of the United Kingdom’s 14 overseas territories. Many British overseas territories citizens are also British citizens, by virtue of the British Overseas Territories Act 2002. Foreign nationals are able to register or naturalise as a British overseas territories citizen if they meet the requirements and can then apply to register as a British citizen at the Home Secretary’s discretion.

British overseas citizens are mainly people who were citizens of the UK and colonies before the British Nationality Act 1981 came into force, but who did not become British citizens or British Overseas Territories citizens. The status can only now be acquired by registration.

British subjects under the the British Nationality Act 1981 are mainly people with a connection with the Republic of Ireland, or people connected to the former British India who have not acquired any alternative citizenship. Some British subjects (mainly those linked to Ireland) have the right of abode in the UK; most do not.

What is the penalty for violating the lifetime ban?

The permanent settlement and citizenship bans mean that any individual who returns to the UK illegally and in breach of a re-entry ban after their removal will be unable to remain lawfully or regularise their status in the UK.

Individuals who require permission to enter the UK prior to arrival but who knowingly enter without such permission, or arrive without a valid entry clearance, commit a criminal offence and may be prosecuted. The penalties on conviction are four-years imprisonment or a fine, or both.

Can you point to other countries that impose a re-entry ban?

A number of other countries take a similar approach and impose a re-entry ban onto individuals who have breached their immigrations laws.

Examples of other countries include Australia, Canada, the United States, and New Zealand. A number of countries across the European Union can also choose to impose a re-entry ban.