If you are in the UK without leave, because your visa expired, your application was refused, or you entered without permission, you are liable to administrative removal. Removal is different from deportation: it is not based on criminality and does not of itself create a long-term ban, but it does affect future applications.

Notice of liability to removal

The Home Office serves a notice telling you that you are liable to removal and inviting you to raise any reasons you should not be removed. This is the point at which to put forward any claim: a protection claim, a human rights claim based on family or private life, or evidence that you in fact have leave. Removal directions can follow with short notice periods.

Options to regularise

A new application where you qualify under the Rules: overstaying is disregarded for some applications made within 14 days of leave expiring with a good reason, and some family routes allow applications from people without leave.
A human rights claim under Appendix FM or Appendix Private Life, for example as the parent of a British child or on the basis of long residence.
A protection claim if you would be at risk on return.
Voluntary departure, which reduces or avoids a re-entry ban compared with enforced removal.

Re-entry bans

Leaving voluntarily at your own expense usually brings a ban of one year; leaving at public expense, two or five years; enforced removal, ten years. The periods and exceptions are on our re-entry bans page.

Challenging removal

A refusal of a human rights or protection claim carries a right of appeal. Where there is no appeal, or removal is imminent, judicial review with an application for interim relief may be the only route; see stopping an imminent removal.

What we do

We tell you honestly whether you have a route to stay and what it will cost, prepare the application or claim, and act in any appeal. If you decide to leave, we advise on how to do so in the way that least damages a future application.

If it is urgent

Detention, removal directions and short deadlines are dealt with the same day. Call 0161 222 5860 and say it is urgent; outside office hours leave a message with the detainee's name, where they are held and any reference numbers, and we will call back.