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Seeking Refuge? - Rights of Women

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Voluntary Return and Assisted<br />

Voluntary Return<br />

Voluntary return is when a person chooses to<br />

return to their country, rather than being returned<br />

there by the UK Border Agency 28 .<br />

There may be benefits to returning to your<br />

country voluntarily, including:<br />

• control over when, where and how you leave<br />

the UK;<br />

• being able to return to the UK sooner than you<br />

could if you were removed (this relates to reentry<br />

bans, see below for more information);<br />

and<br />

• financial support for travel arrangements, and<br />

to help you resettle in your country.<br />

There are two ways in which you can return to<br />

your country voluntarily:<br />

• Voluntary Return: this is when you arrange and<br />

pay for your return to your country.<br />

• Assisted Voluntary Return: this is when you chose<br />

to return to your country, but you are given<br />

financial or other support to enable you to do this.<br />

There are organisations that help people who<br />

want to return to their country.<br />

Choices, which is run by <strong>Refuge</strong>e Action, provides<br />

confidential, independent advice to those who are<br />

thinking about returning to their country. They<br />

also have female advisors who you can talk to in<br />

confidence. This means that they will not tell<br />

anyone, including any <strong>of</strong> your family members or<br />

the Home Office, what you tell them.<br />

) 8<br />

For information about<br />

Choices and their services for women see:<br />

www.refugee-action.org.uk/ourwork/<br />

choices/default.aspx<br />

For general information about Choices,<br />

please telephone 020 7654 7713 or email:<br />

choices@refugee-action.org.uk<br />

The International Organisation for Migration<br />

(the IOM) is an independent international<br />

organisation which helps people who want to<br />

return to their country. The IOM provides<br />

information and support, as well as arranging<br />

Assisted Voluntary Returns.<br />

The IOM works closely with the UK Border Agency<br />

and they will check with them whether or not you<br />

are eligible for assisted voluntary return. They will<br />

also inform the UK Border Agency that you have<br />

taken their assistance to return to your country.<br />

To find out more about the<br />

International Organisation for Migration<br />

visit: www.iomlondon.org or telephone:<br />

0800 783 2332.<br />

Can I return to the UK after I<br />

have left? Re-entry bans and<br />

voluntary departure<br />

It is important to get legal advice on the<br />

implications <strong>of</strong> returning home either voluntarily,<br />

or under an Assisted Voluntary Return Programme<br />

(like those organised by the International<br />

Organisation for Migration). This is because under<br />

recently introduced rules, people who leave the<br />

UK following a refused asylum claim can, in some<br />

circumstances, be prevented from returning to<br />

the UK for certain periods <strong>of</strong> time. This is called a<br />

re-entry ban. These rules will apply to you if you<br />

have ever:<br />

• been an overstayer in the UK;<br />

• been treated as an illegal entrant;<br />

)<br />

• breached a condition <strong>of</strong> your stay in the UK;<br />

• used deception to seek entry into the UK; or<br />

• used deception to seek leave to remain in the<br />

UK.<br />

Even if you fall into one <strong>of</strong> these categories, these<br />

rules do not apply if you are applying to return to<br />

the UK to be with your husband, partner or other<br />

family members, in certain circumstances.<br />

If you leave the UK on an Assisted Voluntary<br />

Return Programme, you may be prevented from<br />

coming back to the UK for up to five years. The<br />

number <strong>of</strong> years that you cannot return to the UK<br />

for will depend on your individual circumstances.<br />

If you leave the UK voluntarily at your own<br />

expense, you will only be prevented from<br />

returning to the UK for up to twelve months<br />

(although, again, this will depend on your own<br />

personal circumstances).<br />

28<br />

It used to be called the Border and Immigration Agency (the BIA) and before that the Immigration and Nationality Directorate<br />

(the IND).<br />

57

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