We’ve recently received a number of enquiries about voluntary return.
In this article, we explain what voluntary return involves, who is eligible, and share our solicitor’s view on when it may – or may not – be the right option.
Written by Victor Falcon Mmegwa, Solicitor
Introduction
Voluntary return is a scheme that helps people return to their home country if they do not have permission to remain in the UK. The Voluntary Returns Service (VRS) can support this process in several ways:
- Explain your options for returning home.
- Help you get travel documents, such as a passport.
- Pay for travel tickets, if you are unable to.
You may be able to apply for financial support of up to £3,000. You can use this support to find somewhere to live, find a job or start a business in your home country.
However, you may not be able to come back to the UK for a specific time period after you have left the UK. This is known as a ‘re-entry ban’.
How long the ban is depends on your immigration record and on how much support you had from the Home Office when you left.
Who can get help
You can apply for Voluntary return if any of the following applies to you:
- You are in the UK illegally or have overstayed your visa or permission to stay
- You have withdrawn, or want to withdraw, your application to stay in the UK
- You have made a claim for asylum in the UK
- You have a letter from the Home Office confirming you’re a victim of modern slavery but you do not have permission to stay
When you cannot apply
You cannot apply for a voluntary return if you:
- Have permission to stay in the UK
- Are currently being investigated by the police or detained by the Home Office
- Have been given a prison sentence that’s 12 months or longer
- Have been convicted of an offence and given a deportation order
- Have humanitarian protection, indefinite leave to remain or refugee status in the UK
- Have a Service Providers from Switzerland visa
- Have a Frontier Worker permit
- Have an S2 Healthcare Visitor visa
- Have applied for, or have settled or pre-settled status under the EU settlement scheme
Who can get financial support
The voluntary returns service can provide up to £3,000 in financial support to help you after you leave the UK. If you are eligible, you will get a single payment on a card before you leave the UK. You can only use the card after you return to your home country.
You can apply for financial support if any of the following applies to you:
- You are returning to a ‘developing country’, as defined by the Organisation for Economic Co-operation and Development (OECD)
- Your claim for asylum in the UK has been refused
- You have a letter from the Home Office confirming you’re a victim of modern slavery but you do not have permission to stay
- You’re part of a family group that will travel together, including children under 18 years old – this does not include any children who are British
- You’re under 18 and travelling alone
- You’re under 21 and a care leaver
- You’re sleeping rough
- You need more help with your return – for example, because you have a medical condition
However, you cannot get financial support if you are planning to buy or have bought your travel ticket.
How to apply
You can apply by completing an online application for voluntary return.
You will need:
- Your address in the UK
- An email address
Do not apply online if you’ve booked a flight to leave the UK in the next 7 days. You can call the voluntary returns service team instead.
You also do not need to apply if you are planning to buy or have bought your ticket, and you already have your travel and identity documents.
My thoughts
Voluntary return can be a sensible option, but it depends heavily on the person’s circumstances and what immigration status they may have in the future. Let’s take a look at when it can be a good option, as well as some advantages and disadvantages of voluntary return.
When voluntary return can be a good option
It may be appropriate where:
- The person has no realistic immigration route to remain in the UK.
- Their asylum/immigration appeal has been exhausted and there are no credible further legal challenges.
- There are significant practical difficulties with remaining in the UK, such as prolonged uncertainty or detention.
- The person genuinely wants to return and can do so safely.
- Assisted return may provide financial or practical reintegration support, depending on eligibility.
- The person wants to demonstrate that they are willing to comply with immigration requirements rather than remain unlawfully.
Advantages
Voluntary return is preferable to enforced removal from a compliance perspective. It can avoid the additional consequences and disruption associated with enforcement action and may allow the person to make their own arrangements for travel and return.
It can also be better from a case-management and practical perspective than simply disappearing or remaining in the UK without status.
Disadvantages
I would be particularly careful where the person:
- Has a pending appeal or judicial review or application with the Home Office;
- May have a legitimate basis for further leave;
- Has a strong human-rights/family-life claim;
- May be able to regularise their position through another immigration route;
- A person would be at risk of persecution or serious harm if returned;
- Has unresolved medical, safeguarding or family circumstances;
- May want to return to the UK in the future.
A voluntary return can also have future immigration consequences, depending on the person’s immigration history, previous breaches, removal/departure arrangements and the route through which they later seek entry.
Should you require any assistance or advice on Voluntary return, then please do not hesitate to contact us.
Have questions? Get in touch today!
Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.
Email us on [email protected].
Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/
For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.
