What to do if you are stopped and refused entry at the UK border

Being refused entry at the UK border can be an upsetting, frustrating and confusing experience. Border force officials have the authority to deny travellers entry to the UK if they are not satisfied that the immigration rules are met, even where individuals hold a valid electronic travel authorisation, a valid visa, or have British citizenship.

This practical guide helps to explain why individuals can be denied entry to the UK, what their rights are and the steps that they should take immediately. We also summarise some useful cases.

Part Suitability of the immigration rules details the instances where an individual can have their permission cancelled. However, there can be numerous other reasons why individuals are refused entry at the UK border.

Why have I been refused entry to the UK?

Generally, there are a number of reasons why an individual may be stopped and refused entry at the border.

A common reason for being refused entry is that border officials are concerned about an individual’s true intentions. Visitors, for example, can be asked questions about their visit and refused if their answers or documents suggest that they may be intending to do something that is not permitted on a visitor visa, such as work or stay long-term. This can also occur with other routes where border officials believe the person’s intentions do not align with what is permitted on their visa route.

If an individual has insufficient evidence of their plans in the UK, this can also result in being stopped at the border. This could include arriving in the UK without any proof of accommodation, invitation, return travel, or enough money to fund their trip, leading border force officials to believe that the person might not leave when they are required to.

Previous immigration issues can also be a concern. This may mean that the individual has previously overstayed a visa either in the UK or another country or been in breach of visa rules.

Problems can also arise during luggage checks. Carrying prohibited items or breaching customs rules could trigger a refusal of entry at the border.

What is important to recognise is that even where an individual has a valid electronic travel authorisation, a valid visa, indefinite leave to remain or British citizenship or the right of abode, this does not guarantee entry to the UK — border officials have the authority and discretion to make their own assessments daily.

What happens when you are refused entry to the UK?

When a border official makes the decision to deny an individual’s entry to the UK, the individual should be issued with a written refusal notice explaining the reason for refusal and any next steps.

They may be held temporarily for further questioning or an interview. A longer ‘credibility’ interview may involve border officials asking to call an individual’s employer, partner or other connection in the UK, or even contacting individuals outside of the UK to verify the person’s plans.

In some more extreme cases, the person may be moved to a short‑term immigration detention facility. Where an individual is held in a detention facility, they may be able to apply for immigration bail until the situation is resolved.

Border officials may also take an individual’s biometric data, such as their fingerprints and photograph, and search their belongings.

Where the person is to be removed from the UK, arrangements will usually be made for them to return to their home country or a country that they have permission to reside in, on the next available flight.

In certain cases, a refusal notice may also be placed in the individual’s passport or travel document, which could affect future visa applications.

What rights do you have at the UK border?

Even if an individual is refused entry to the UK, they still have a number of important rights.

Individuals are permitted to seek legal advice and speak to an immigration lawyer. A denial of entry at the border can often be challenged, and early legal assistance and intervention is crucial. If an individual refuses to answer interview questions based on a reasonable excuse (such as being denied access to their solicitor), border officials should not cancel their permission.

Although there is ordinarily no right of appeal, an individual may be able to challenge the refusal through administrative review or judicial review, if the decision is unlawful or unreasonable i.e. if the border force official has made a mistake.

Border officials must provide a notice explaining why the individual was refused entry to the UK. It is imperative that this document is kept safe as it is essential for any future applications or challenges

Individual should not have to sign anything that they do not understand. If an individual feels pressured to sign a form or any other document they do not understand, such as a form confirming the withdrawal of their application to enter the UK, they should always ask for legal advice first. Individuals are also permitted to ask for an interpreter, if required.

What are the next steps if you are denied entry to the UK?

The most important thing that an individual can do is to stay calm and be cooperative with border force officials. Individuals should ensure that they obtain copies of all documents and notices. In particular, it is imperative that the refusal notice and any interview notes are retained by the individual. It is also helpful to ask for the interviewing officer’s name and the location/detention suite (if applicable) so that these can be recorded.

The next step is to contact an immigration solicitor straight away, as they can help to determine whether the refusal was lawful, advise upon whether any urgent action can prevent removal, and help to prepare supporting evidence. Individuals can also ask for an interpreter to be present. If border force officials refuse to allow access to an immigration solicitor or an interpreter, the individual should ask them to record their objection on file.

Administrative review

When an individual is denied entry to the UK, they may have the right to apply for administrative review of the decision to refuse their permission to enter the UK. Administrative review is a formal process that allows individuals to ask the Home Office to check whether the refusal of their permission to enter the UK was incorrect, due to a Home Office caseworker error. This could include situations where a caseworker may have been misapplying the immigration rules or overlooking any key information that had already been provided.

The right to apply for administrative review only exists where the refusal is an ‘eligible decision’, which is defined in the guidance and should be clearly stated in the refusal notice issued by border force officials or the Home Office. The administrative review should be carried out by a different caseworker, rather than the original decision‑maker, and it focusses solely on identifying and correcting any existing errors rather than reconsidering the application or accepting any new evidence.

An application for administrative review must be made online, within relatively strict time limits. This is generally 14 days from receipt of the refusal, or seven days if the person is detained. There is an £80 fee which is only refunded to the individual if the review succeeds or if the application is rejected as invalid. A fee waiver is available where the person cannot pay the fee due to exceptional circumstances.

If the administrative review is unsuccessful and the individual has no other valid immigration permission, their refusal of permission to enter the UK will be upheld. The processing times for administrative review applications is currently around six months; however, some applications are taking significantly longer.

Judicial review

Judicial review is the next step in challenging a decision to refuse entry. Judicial review is only to be utilised where all other possibilities for appeal have been exhausted, which means that an individual should apply for administrative review first. Judicial review is significantly more specific in its error criteria than administrative review. You can only use the judicial review process to challenge a decision on the grounds that it is unlawful, irrational, or unreasonable.

An application for judicial review should be submitted promptly and “in any event not later than 3 months after the grounds to make the claim first arose”. In other words, this means that the application should be submitted and received by the courts within three months from the date of the refusal of permission to enter the UK. The processing times for judicial review applications is currently at least 12 months; however, these are usually decided on a case-by-case basis and this can widely vary. The fees for judicial review applications, hearings and legal fees can be substantial. It is important that an individual who wishes to apply for judicial review seeks formal immigration legal advice as soon as possible. 

British citizens or individuals who hold the Right of Abode

A common misconception is that dual nationals can carry their certificate of naturalisation or registration as a British citizen alongside their current, valid non-UK passport, and still enter or re-enter the UK.

However, the rules currently in place state that in order to enter the UK as a British citizen, individuals must hold and travel with either a valid British citizen UK passport or a certificate of entitlement to the right of abode in their valid, current non-UK passport.

The Home Office’s nationality team have recently reiterated that if an individual travels to the UK without a British passport or a certificate of entitlement in their valid, current non-UK passport, they risk being denied boarding or facing significant issues at the border.

Useful case law

In the High Court case R (on the application of Kumar) v Secretary of State for the Home Department, the individual’s visa was cancelled after he refused to take part in an interview because border officials denied him access to a solicitor during the interview. In this case, it was held that the the decision to cancel leave was unlawful and that it was incorrect of the border officials to deny access to a solicitor.

Therefore if an individual is detained and facing a detailed interview, which could lead to a refusal of entry, cancellation of their visa, or detention, they can request to have their immigration solicitor accopmany them during an interview.

The case of SSHD v Sittampalam Thirukumar, Jordan Benjamin, Raja Cumarasuriya and Navaratnam Pathmakumar, may seem historical on initial review, but it assisted in establishing that border force interviews must be conducted fairly and competently. This case is still cited as a general benchmark when border force interviews are deemed as inadequate, unclear or hostile.

This case involved poor levels of translation, poor quality questioning from border force officials and a lack of clarity regarding the process. Fairness when interviewing an individual at the border includes clarity on the reasons for denied entry. If the reasons for denied entry are unclear to the detainee, for example, due to poor translation, a lack of translation, or lack of explanation regarding access to legal advice, the entire process could be deemed unfair.

Conclusion and long‑term consequences

Being refused entry at the UK border does not necessarily equate to the end of someone’s plans or residence in the UK. However, it is important for an individual to act quickly, understand their rights, and get the right help in the form of an immigration solicitor.

Being denied entry to the UK can affect future UK visa applications; when applying for a UK visa, applicant are usually asked if they have been refused entry at any borders internationally including the UK. In more serious cases, such as prior overstaying or any breaching of visa conditions, the Home Office could impose re‑entry bans, which can last for up to 10 years.

If an individual does not challenge a wrongful decision, the Home Office may assume that they accepted the reasons given, which could make future visits and applications more difficult.

For these reasons, quick legal action and access to an immigration solicitor can be vital to protect an individual’s immigration record and future visa or naturalisation applications.

Being stopped the UK border: a checklist