Immigration Solicitors UK

Denied Entry to the UK – Updated Legal Guidance for 2025

If you have been refused entry to the United Kingdom or detained at a port of entry, you must act quickly. Border Force officers now operate under the 2025 Immigration Rules, Part Suitability (9A), which expand the Home Office’s power to refuse entry, detain travellers, and impose long re-entry bans.

Our immigration solicitors provide urgent representation in these cases, contacting Border Force on your behalf, reviewing the refusal notice, and taking immediate steps to protect your legal position. For emergency assistance, call +44 7561 699 666 or complete our online enquiry form.

Request an IS81 or IS82 Form: These are the official Home Office codes for your detention and refusal. Knowing exactly which form you were issued allows us to determine if your detention was procedurally lawful from the first hour.

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Understanding Entry Refusal

A refusal of entry, formally known as a “refusal of leave to enter”, occurs when a Border Force officer concludes that you do not meet the requirements for admission under Part Suitability. You will usually be interviewed, fingerprinted, or temporarily detained, and given a written notice setting out the legal reasons for the refusal and the arrangements for removal.

If you receive such a notice, you should contact our immigration refusal solicitors immediately. Early legal intervention can often prevent removal and future travel restrictions.

Electronic Travel Authorisation (ETA) – Now Mandatory

From 9 April 2025, all non-visa nationals, including citizens of the United States, Canada, Australia, Japan, Malaysia, Singapore, New Zealand and Hong Kong SAR, must hold a valid Electronic Travel Authorisation (ETA) before travelling to the UK. The current fee is £16 per application.

The ETA fee is £16, and failure to hold one results in automatic refusal under SUI 26.1. Border Force officers have no discretion to admit travellers without a valid ETA. If refused, our ETA refusal solicitors can correct your record and help you reapply.

Detention and Bail Monitoring (Digital-First System)

Those refused entry may be detained pending removal or bail. Since 2025, the Home Office uses digital monitoring for nearly all individuals released on bail.

Monitoring may involve a fitted ankle tag or a Non-Fitted Device (NFD) such as a smartwatch-style unit. These devices require Periodic Biometric Verification (PBV), the device vibrates randomly during the day, and you have only a few minutes to scan your fingerprint. Failure to complete a scan counts as a breach of bail and can lead to immediate re-detention.

Our immigration bail solicitors advise on bail applications, NFD conditions and compliance.

Re-Entry Bans and the Six-Month ARE Rule

Re-entry bans depend on how and when you leave the UK once you become Appeal Rights Exhausted (ARE) or are formally notified of liability for removal.

Leaving voluntarily at your own expense usually carries a 12-month ban. Leaving at public expense within six months of your ARE date or notification results in a two-year ban. Departing after six months, even voluntarily, triggers a five-year ban under SUI 12.1(c). Enforced removal or deception leads to a mandatory ten-year ban.

Our re-entry ban solicitors can confirm when your six-month clock started and whether you may qualify for early return.

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Visa and ETA Eligibility – Country Updates

Recent Home Office changes mean that South Africa, Botswana, Palestine, and Nauru are now visa-national countries and no longer ETA-eligible. These changes took effect between October and December 2025. Travellers from the USA, Canada, Australia, Japan, Malaysia, Singapore, New Zealand and Hong Kong SAR continue to require an ETA rather than a full visa.

Our entry clearance solicitors can confirm which system applies to you and assist with compliant visa preparation.

Key Home Office Suitability Rules (December 2025)

Ground

Paragraph

Type

Summary

Deception

SUI 9.1

Mandatory

False information or documents → 10-year ban.

Criminality

SUI 5.1

Mandatory

Custodial sentence ≥ 12 months.

ETA Non-Compliance

SUI 26.1

Mandatory

No valid ETA (£16 fee).

Re-Entry < 6 Months

SUI 12.1(b)

Mandatory

Two-year ban if departure within six months of ARE/notification.

Re-Entry > 6 Months

SUI 12.1(c)

Mandatory

Five-year ban if departure after six months.

NHS Debt

SUI 16.1

Discretionary

Refusal if outstanding NHS charges ≥ £500.

Litigation Debt

SUI 17.1

Discretionary

Refusal if legal costs owed to Home Office.

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How Our Solicitors Assist

Our team provides direct representation at airports and detention facilities, full legal review of refusal notices, and preparation of bail and re-entry applications. We also handle judicial reviews and complex suitability appeals, ensuring your case complies with the latest 2025 Immigration Rules.

To discuss your situation in confidence, call +44 7561 699 666 or use our contact form.

FAQ

Frequently Asked Questions

Refusals often arise from incomplete documents, criminal records, ETA non-compliance, prior overstays, or doubts about a traveller’s purpose. In some cases, even minor inconsistencies in answers can lead to refusal.

Yes. Any refusal is logged in Home Office records and can trigger a re-entry ban of up to 10 years, depending on the reason. It must be disclosed on all future applications.

Appeal rights are limited but may exist if human-rights or protection grounds apply. Otherwise, judicial review may be the only remedy.

You can contact a solicitor immediately. Our team can usually reach most UK detention centres or airports within 24 hours and liaise directly with Border Force.

Missing a scheduled or random fingerprint scan counts as a technical breach of bail. This can result in re-detention or cancellation of temporary admission.

No. An ETA only authorises travel; the final decision to grant entry remains with Border Force under Part Suitability (9A).

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