MIGRANTS who have previously been in Britain illegally will not be banned automatically from re-entering under a special scheme for entrepreneurs from Romania and Bulgaria, according to new Home Office immigration guidance.

It states that if someone has a previous history of being in Britain illegally, officials cannot use it as the only reason to refuse entry to them.

The new and specific guidance for civil servants assessing applications from Bulgarians and Romanians wishing to enter Britain to set up businesses has been put on the UK Visas website unannounced.

It comes after a row this year that led to the resignation of Beverley Hughes, the Immigration Minister. Investigations found that thousands of migrants from both countries had arrived as part of immigration rackets. Entry clearance officers believed that nine out of ten migrants who claimed that they planned to set up a business in Britain were lying. Among those given leave to enter was a one-legged roof tiler.

Under the new guidance, migrants will be expected to provide information, including bank statements and evidence that they can speak English, in support of their applications to come to Britain as self-employed businesspeople.

The rules state that an applicant’s previous immigration history might be taken into account by entry clearance officers in both countries when assessing the application. “But a ‘negative’ history, including previous unlawful presence in the UK, cannot in itself be conclusive in refusing an application”, the guidance states.

David Davis, the Shadow Home Secretary, said last night: “This demonstrates just how ridiculous are the rules, that somebody who has previously demonstrated dishonesty or who has even broken our law should be considered for entry.”

An applicant may be asked to give a credible explanation of any extraordinary payments appearing in a bank statement that is not readily linked to their recent employment.

They will also be expected to have a detailed business plan indicating that they understand the costs of setting up as a self-employed business person in Britain.

Officers in Romania and Bulgaria will be able to demand a detailed breakdown of the costs involved in setting up a business, a timetable for creating it and projections about its performance for the first 12 months.

“It is important that if required an applicant is able convincingly to demonstrate an understanding of any written evidence submitted on his behalf,” the guidance states. This is aimed at stopping scams in which for £1,500 people were helped with applications which included a pro forma business plan.

The new guidance was a key recommendation of an official report published in June, which confirmed an allegation by a senior Foreign and Commonwealth Office visa manager in Bucharest that there was “an insufficiently robust approach to the way in which this scheme functioned”.

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