Voluntary Deportation UK

Leaving the UK Voluntarily: Voluntary and Assisted Departures

Non-British citizens in the UK may become subject to a deportation or removal order if they breach the conditions of their stay or are convicted of a serious criminal offence.

Individuals who have been issued a deportation or removal order have two options for leaving the UK: 

• Voluntary departure
• Forced departure

What Is A Voluntary Departure? 

Voluntary departure is a general term that refers to any non-enforced departure of an immigration offender or a UK resident convicted of serious crimes (and/or their family members) to another country. It allows foreign nationals in the UK who have received a removal or deportation order to self-deport before the Home Office enforces their removal.

Immigration offenders who choose voluntary deportation enjoy fewer restrictions and face reduced re-entry bans compared to those who were forcefully removed. You must also inform the Home Office of your intention to depart voluntarily.

Whereas forced departure attracts a re-entry ban of 1 to 10 years, depending on the gravity of the crime and individual circumstances, voluntary departure typically attracts a 1-year ban. Also, enforced departures are fully facilitated by the Home Office, giving the individual little to no control in the process.

Voluntary departure is only available for undetained cases, and you must apply to the Voluntary Returns Services (VRS).

Voluntary departures could be self-funded or could be paid for by the Secretary of State if an individual wants to voluntarily depart but cannot afford to pay for their return journey. The Home Office also assists those who require additional support to leave the UK and settle in their new country. Such departures are categorised as “assisted departures.”

What Is An Assisted Departure?

An assisted departure is a type of voluntary departure designed for those who want to voluntarily depart but require assistance to do so. It typically covers those with certain vulnerabilities, complex needs, or those departing for a developing country as defined by the OECD list of countries.

Assisted departures involve the VRS providing support to departing individuals for resettlement and reintegration in their destination country. It usually includes both financial and “in-kind” support.

To benefit from an assisted return, you must apply to the VRS and meet all eligibility requirements. The Home Office may provide financial support of up to £3,000 to eligible applicants. The fund is expected to cover reintegration costs, including the cost of finding accommodation, setting up a small business, or your children’s education in the country of departure.

Deportation vs. Removal Order

You can apply for voluntary departure whether you receive a deportation or removal order, so long as you are not under immigration detention. While a deportation and removal order sounds the same, they have separate legal applications.

A removal order is issued to immigrants who violate the conditions of their leave to stay in the UK. It is officially called “an administrative removal” and can be ordered when:

• You have overstayed your permission to remain in the UK
• Your application to stay in the UK has been refused
• You have breached the conditions of your UK immigration status.

A deportation order, on the other hand, is issued to foreign nationals in the UK who have been convicted of crimes punishable by imprisonment. You can be issued a deportation order if:

• You’re over 17, have a criminal conviction punishable by imprisonment, and a court recommends deportation.
• The Secretary of State deems your deportation to be in the interest of the public good or national security.
• You’re under 18 and are an immediate family member of a deportee.

Voluntary deportation is only available to those subject to an administrative removal order. You cannot apply for voluntary departure if you’ve been convicted of an immigration offence and issued a deportation order.

Upon receiving a removal notice, you have three possible courses of action:

1. Appeal the order with strong reasons/evidence why you should be allowed to remain in the UK
2. Leave the UK voluntarily
3. Wait to be detained and forcibly removed.

Voluntary departure is the best course of action if you have no strong grounds for an appeal.

Eligibility for Voluntary Departure

You may be eligible for voluntary departure if you do not hold extant leave to remain in the UK but are not in immigration detention, and your case falls under one of the following:

• You are in the UK illegally or have overstayed your visa
• You have withdrawn or want to withdraw your immigration application to remain in the UK
• You do not have a settled status as an EEA citizen or family member and did not avail yourself of the EU Settlement Scheme (EUSS).
• You have applied for protected status in the UK

You cannot apply for a voluntary deportation if you:

• Are currently under police investigation unless the police support your departure
• Are under immigration detention 
• have an immigration offence conviction and have been issued a deportation order
• Are a British citizen
• Have been granted humanitarian protection, refugee status, or indefinite leave to remain
• Are an accompanied child without adequate reception arrangements in the country of return
• Already have departure arrangements in place, i.e., you’ve bought, or already have plans to buy a ticket to leave the UK.

Eligibility for Assisted Voluntary Departure

Immigration offenders eligible for voluntary return can receive financial support from the VRS to help with settlement and reintegration in their country of return. This support is provided as a one-off £3,000 payment.

To qualify for this assistance, you must be departing for a developing country (as defined by the OECD). The OECD developing countries’ list is reviewed and updated annually, and the VRS uses the most updated list when processing assisted voluntary departure applications.

However, if your country of departure is no longer on the list at the time of processing, you can still qualify for assisted return, provided that the country was on the list of developing countries when you submitted your application.

If you’re returning to a country that’s not classified as ‘developing’ by the OECD, you may still be able to apply for assistance if you have additional needs. This may be if:

• You’re departing as a family group, including children under 18
• You’ve been refused asylum 
• You’re under 21 and a care leaver
• You’re an unaccompanied child
• The Home Office has confirmed that you are a victim of modern slavery, but you have no legal right to stay in the UK.
• You have a health condition that requires further assistance.
• You’re a rough sleeper.

This is not an exclusive list, and applications are reviewed on an individual basis. If your application is approved, you can receive assistance starting from £1,500, depending on your circumstances.

What is the Voluntary Returns Service (VRS)?

The Voluntary Returns Services (VRS) is a part of the Home Office charged with providing guidance and support for foreign nationals out of status in the UK who want to voluntarily return to their home country or a safe third country.

The VRS facilitates both voluntary and assisted departures, regardless of whether they are self-funded or at public expense. It provides information on departure options and assists with obtaining a passport or travel document, purchasing tickets, and other case-specific assistance.

If you’re out of status and want to leave voluntarily, you must apply to the VRS. You can apply directly or through a legal representative such as IAS. The VRS will confirm your application within 3 to 5 business days, issue you a Notice of Liability to Remove if you’ve not been served one, and notify you of when to expect a decision and return arrangement.

Applying to the Voluntary Returns Services

If you’ve overstayed your visa in the UK and want to leave voluntarily, whether or not you’ve received a removal order, you must apply to the Home Office’s Voluntary Returns Services (VRS).

You can apply for voluntary departure online, except that you’ve already booked a flight to leave the UK within the next 7 days. In that case, you should call the VRS at 0300 004 0202 instead.

You’ll need a valid email address and your UK address to complete the form. If you’re unable to set up an email or do not have a fixed accommodation, you can call the VRS to inform them of your situation.

After completing the online application, you must also sign the IS.101 disclaimer to confirm that you consent to depart the UK voluntarily. The disclaimer ensures your departure is not legally classified as a forced removal and is an important record for calculating your mandatory refusal/re-entry ban period.

The Home Office will contact you within 5 working days of receiving your voluntary departure application to confirm application receipt. They’ll also send you an email with details on when to expect a decision. They may also request further documentation to support your application. Failure to provide these will result in the cancellation of your application.

You’ll need a passport or other travel document to leave the UK once your application is successful. If you do not have one, you can request assistance with applying for one as part of your voluntary departure application. However, this will prolong the decision time. If the Home Office is holding your passport, they’ll return it before you leave the UK.

The Home Office favours voluntary departure and will typically approve your application unless it has reasons to believe that you will not comply with the voluntary departure process and may not leave the UK. In such a case, they may set removal directions for an enforced return.

Cost of Voluntary Departure

Funding for voluntary departure may be covered by the individual or by the Secretary of State.

An individual liable to removal from the UK can choose to leave voluntarily at their own expense. This is called ‘self-funded voluntary departure.’

The Home Office typically approves applications for self-funded voluntary departure except in situations where it will significantly delay departure or if there are reasons to believe you will not depart as stated. 

The Home Secretary can cover the departure costs if a person liable for removal wants to voluntarily depart but cannot pay for their ticket. This is known as a ‘public expense voluntary departure.’

If you applied for permission to voluntarily leave the UK at public expense before you’re served a removal notice, you’ll first be served a Notice of Liability to Remove before your application will be processed.

Voluntary Departures For Families

Families without a legal right to remain in the UK can choose to leave the UK voluntarily as a unit. They do not have to apply individually to the VRS; one application can cover the entire family. However, the main applicant and all family members over 18 years old must sign an IS.101 disclaimer indicating that they consent to the voluntary departure.

If you’re voluntarily departing the UK with a child/children but without their other parent, you will be required to provide either of the following:

• A letter of consent from the other parent
• The death certificate of any other person with parental responsibility
• Conclusive evidence that the other parent cannot consent or does not hold parental responsibility over the child
• A court order where none of the first 3 is obtainable.

Family departures can be self-funded or made at public expense, depending on their situation. Families may also be eligible for reintegration support from the Home Office if they are departing with young children below 18,  regardless of whether they’re returning to a developing country or not. 

Your VRS caseworker will typically meet with your family together and individually to determine the level of assistance you need.

Re-Entry Bans and Restrictions on Voluntary Departure

Immigration offenders who voluntarily leave the UK are subject to re-entry bans. This includes those who:

• Entered the UK illegally
• Breached the conditions of their stay
• Obtained their leave to enter/remain through deception
• Have overstayed their visa/leave to remain for more than 30 days (excluding any exceptional period).

If you leave the UK voluntarily at your own expense, you’ll be ordinarily subject to a one-year re-entry ban. You cannot make any applications to enter the UK until you’ve stayed outside the country for at least 12 months.

If you voluntarily depart the UK at public expense, you’ll be subject to a 2 or 5-year re-entry ban, depending on when you left the country. If you leave within 6 months of receiving a Notice of Liability to Remove or when you no longer have a pending appeal or administrative review, you’ll be subject to a 2-year re-entry ban. However, if you leave more than 6 months after receiving a removal notice, you’ll receive a 5-year re-entry ban.

If you are forcefully removed from the UK at public expense, you’ll be subject to a 10-year re-entry ban.

How Can IAS Help?

While facing deportation or administrative removal in the UK can be a very challenging situation, there are legal ways to navigate the process to reduce its impact. You can appeal the removal order if you have strong grounds to challenge the decision, or you could opt for a voluntary deportation.

Once you receive a removal order, it’s crucial to seek expert guidance from an experienced immigration law firm like IAS. Our immigration advisory team at IAS are conversant with the nuances of UK immigration rules and have helped several clients to successfully voluntarily depart from the UK. We’ve also helped many clients successfully appeal removal orders.

A dedicated immigration lawyer will review your case and advise on the best course of action for your situation. We will then assist by providing legal representation for an appeal process or a voluntary departure application, based on your circumstances.

Contact us today at +44 (0)333 414 9244 or request a free callback on our website for immediate assistance with your voluntary deportation process.