I got a 10 years UK visa ban a few years ago. Since then I obtained a new citizenship (it is of European Union, the country belongs to Schengen treaty, and does not fall under immigration rules), so it does not require me having a visa to enter anymore. The surname has also slightly changed (mostly the spelling). Will I be able to enter the UK with my new citizenship and the new ID (yes, there are biometrics)? Is there any legal way to overcome this ban, since I’m a citizen of a new country? Thanks you for the response in advance
Asked
Active
Viewed 381 times
1
-
2Possible duplicate of UK: Is a 10 year ban still valid after acquiring new citizenship? – DavidRecallsMonica Mar 15 '19 at 20:12
-
2@David that question leads to the wrong conclusion if the new citizenship is of an EU or Schengen country. Olga Kedyk: is it? – phoog Mar 15 '19 at 20:15
-
@phoog How could that be? If the OP was banned for 10 years, she remains banned despite other new citizenship and/or a name change. Doesn't she? – DavidRecallsMonica Mar 15 '19 at 20:17
-
2@David no, the ban affects entry only under the Immigration Rules, by causing entry under the rules to be refused automatically for 10 years. Entry under the regulations (as well as others who are "exempt from immigration control") is unaffected. – phoog Mar 15 '19 at 20:19
-
@phoog. Thanks for explaining this. I understand now. – DavidRecallsMonica Mar 15 '19 at 20:19
-
@David I'm in a bit of a rush now but wanted to get my answer in before the question was closed. I will edit it later to add references. – phoog Mar 15 '19 at 20:20
-
@phoog thanks a lot for your valuable inputs! The new citizenship is of European Union/Schengen zone, yes – Olga Kedyk Mar 15 '19 at 21:07
-
@phoog would be very grateful for further references! Thank you – Olga Kedyk Mar 15 '19 at 21:08
1 Answers
6
This answer assumes that "(European)" means that your new country of citizenship is a member of the EU or the Schengen area.
In that case, if you are entering the UK while the Immigration (European Economic Area) Regulations 2016 are in force, the ban has no effect, because the ban is effective only under the Immigration Rules, of which the Regulations are independent. (If the UK leaves the EU without a deal, however, it is expected that the Regulations will be repealed fairly quickly, in which case your ban will likely become effective once again.)
phoog
- 134,313
- 19
- 274
- 446
-
1
-
Does that grant the OP an option of visiting the UK under freedom of movement and immediately apply for a residence permit? – Roman Odaisky Mar 16 '19 at 03:33
-
1@RomanOdaisky EU citizens and citizens of Schengen countries living in the UK under the free movement system do not get residence permits. They may optionally apply for a "registration certificate" but the prima facie evidence that they are entitled to reside in the UK is their passport or ID card. – phoog Mar 16 '19 at 03:41
-
1