Immigration Corner | Eligibility for voluntary returns

Dear Mr Bassie,

I am in the United Kingdom illegally and I have decided to return home. Unfortunately, I do not have any money but I was told that the UK authorities may assist me if I apply.

Please let me know if this is possible.

– OR

Dear OR,

Persons can get help to return to their home country in such circumstances. This is known as ‘voluntary return’.

If eligible, the voluntary returns service can:

• Explain options for returning home

• Help persons get travel documents, such as a passport

• Pay for travel tickets, if persons are unable to do so.

Persons can still get help if they are already making plans to return to their home country.

They may also be eligible to apply for financial support of up to £3,000, which they can use to find somewhere to live, find a job or start a business in their home country.

ELIGIBILITY FOR HELP

Persons can usually apply for help to return home (‘voluntary return’) if any of the following are true:

• They are in the United Kingdom illegally or have overstayed their visa or permission to stay

• They have withdrawn, or want to withdraw, their application to stay in the United Kingdom

• They have made a claim for asylum in the United Kingdom

• They have a letter from UK Visas and Immigration (UKVI) confirming they are a victim of modern slavery

Persons may also be able to apply for help if they or their family are from the EU, Switzerland, Norway, Iceland or Liechtenstein and have started living in the United Kingdom before January 1, 2021.

WHEN PERSONS CANNOT APPLY

Persons cannot apply for voluntary return if they:

• Are currently being investigated by the police or detained by the Home Office

• Have been given a prison sentence that is 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 visa from Switzerland

• 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

PERSONS ELIGIBLE FOR FINANCIAL SUPPORT

The voluntary returns service can provide up to £3,000 in financial support to help persons after they leave the United Kingdom. If eligible, those persons will receive a single payment on a card before they leave the United Kingdom. They can only use the card in their home country.

Please note that persons can apply for financial support if any of the following are true:

• They are returning to a ‘developing country’, as defined by the Organization for Economic Co-operation and Development

• Their claim for asylum in the UK has been refused

• They have a letter from UK Visas and Immigration confirming they are a victim of modern slavery

• They are part of a family group that will travel together, including someone who is under 18 years old

• They are under 18 years old and travelling alone

• They are under 21 years old and a caregiver

• They are sleeping rough

• They need more help with their return, for example, because they have a medical condition

Persons should contact the voluntary returns service if they are not sure whether or not they are eligible.

Voluntary returns service

Telephone: 0300 004 0202

Monday to Friday, 9 a.m. to 5 p.m.

Find out about call charges

Good luck.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com