If you are facing deportation or removal from the UK, it is important to seek professional legal advice.
For assistance with your deportation from UK, contact our experienced immigration lawyers at 02033939272. Alternatively, you can fill out our online enquiry form here.
Deportation is how the UK Home Office will seek to remove a foreign national from the UK, following the commission of a criminal offence.
There is usually a ban on re-entry to the UK which is for a period of up to 10 years for anyone that has been deported. In addition, after having been deported to their home country from the UK for instance this will bar the individual from seeking a chance to come back for a period of 10 years.
Anyone facing deportation, along with their family members living in the UK, must be prepared for the worst. To ensure you receive timely advice, it’s crucial to seek guidance as early as possible.
The following are the reasons for deportation UK:
Aspect | Deportation | Administrative Removal |
Definition | Official removal of non-British citizens based on criminal convictions or deemed to be ‘not conducive to public good.’ | Removal of individuals who overstay their visas or breach visa conditions. |
Target Group | Non-British citizens with criminal convictions or considered a threat to the public good. | Individuals who have overstayed or violated the terms of their visa. |
Process | Requires Home Office intervention, often involving a legal process. | Administered by immigration officers without a criminal conviction requirement. |
Consequences | Severe, including restrictions on re-entry to the UK. | Less severe, with no long-term restrictions on re-entry. |
Complexity | More complex legal challenges due to their serious nature. | Less complex, often resolved through administrative procedures. |
Legal Assistance | Strong legal arguments are needed to prevent deportation. | Generally handled with less legal intervention compared to deportation. |
Examples | Criminal offenses, security risks, bad character. | Overstaying, visa breaches, administrative issues. |
Removal from the UK mainly affects those who are not native to Britain and who can be characterised in some ways. Here’s a breakdown of who can be deported:
The deportation UK process usually begins with a ‘Notice of Intention to Deport’ letter. The Home Office will send this letter whilst the foreign criminal is serving their sentence. It sets out the reasons why the Home Office is seeking deportation and provides an opportunity to raise any grounds as to why the person should not be deported.
Once the Home Office receives a response, the grounds raised will be considered.
If, despite the grounds raised, the Home Office maintains that deportation will be pursued, the Home Office will then issue a refusal decision, together with a deportation order. If the refusal decision engages human rights or protection-based arguments, the applicant will have a right of appeal.
The case can then proceed to an appeal before a judge in the First Tier Tribunal. A person who has been served with a notice of intention to deport can appeal against such notice within 14 days from the date of receipt of such notice. The notice of appeal must be filed with the First Tier Tribunal where the Immigration Judge will hear the appeal and decide whether or not the deportation is in accordance with the law.
At Rees Clayton, we have extensive experience in helping clients through all of the above stages in a deportation process. If you would like further advice or help, feel free to get in touch at 02033939272.
If you have a deportation order from the Home Office, you could possibly appeal against the deportation decision depending on your situation. It is also important to proceed because the time limit for filing an appeal is usually very short. If you wish to know your rights and the requirements that have to be met, it is wise to speak with experienced immigration solicitors.
Before appealing the decision to deport, ensure that any exemptions will allow you to be deported. Some exceptions include British citizens, British overseas territories citizens, commonwealth citizens, or Irish citizens who have lived in the UK for five or more years or since the 1st of January 1973. Others who may be exempt are those who have a right to abode.
If you are in a position to do so, an immigration solicitor can help in submitting supporting documents and appealing for a further reconsideration of your case. If there are no circumstances that would grant exemption from deportation then the deportation can be challenged through an appeal process and this may take place at the First-tier Tribunal. That is why our legal advisors will surely assist in establishing a solid logistical platform to support your right to stay in the UK.
If your deportation challenge fails, you should not despair as there are always other legal services that may be offered to you. Here’s what you need to know:
If you find yourself in this situation, it’s advisable to act fast by consulting a lawyer in order to review all legal redress before it is too late.
If the deportation notice is successfully appealed on the grounds that the deportation would violate the UK’s responsibility under Article 8 of the ECHR, he may be allowed to stay for a maximum of 30 months. The Secretary of State has the authority to impose such restrictions on the grant of such leave as they see fit. If the individual applies for an extension of stay before their current leave expires, they may be given an additional 30 months.
In general, British citizens cannot be deported from the territory of the United Kingdom. However, it is possible to say that there were some exceptional cases when the Home Office deprived someone of British citizenship. Here’s what you need to know:
Even though British citizens are rarely deported, it is important to know the possible legal risks and get professional help in tough scenarios.
Yes, it is possible to make a return back to the UK, after being deported, but doing it needs a lot of legal compliance. To challenge a deportation order, you have to file a written application for the order to be revoked at the Home Office. This application should contain adequate reasons that show and explain why the deportation order should be lifted such as changes in circumstances. For instance, if the deportation occurred after the applicant had been convicted of a crime, providing evidence of rehabilitation would be useful.
The Home Office will decide whether the circumstances that led to deportation still exist or not. If they cannot identify any major changes or more of the risks, they may reject the revocation request. There are cases when you must fulfill certain time-based conditions before applying for the position. For instance, if you have been given a prison term of less than four years, you may be asked to wait for ten years before you can apply.
If you were not forced to leave the UK but traveled of your own free will and then committed an immigration offense, your re-entry ban will in most cases be for one or two years maximum. Voluntary departure can also be an act of complying with the request and this can make the immigration authorities change their mind and allow re-entry into the UK. However, even when the deportation order is recalled, that does not guarantee that one will be allowed back into the country. In any case, the final discretion lies with the Home Office or border control officers, who may refuse entry if you pose a threat to the public or national security.
We suggest that you contact an immigration solicitor with experience in this type of case to increase your chance of being allowed to remain in the UK as well as to check that your application complies fully with the immigration rules.
This could take any period of time and this time may depend on some factors such as whether you left the UK willingly or you were expelled and other reasons that led to deportation.
An immigration solicitor is an expert in all aspects of the law and can provide good advice, application reinforcement, and increased probability of a successful endeavor to return to the UK.
There are two separate ways that someone might be compelled to leave the UK: voluntary departure and forceful removal. Each process is very different and has different effects.
Voluntary Departure
For those who have overstayed their visa or are in the nation illegally, the UK government offers the option of voluntary departure, sometimes known as voluntary deportation. Therefore, people may voluntarily leave the nation without fear of retaliation. Usually, a letter of desire to remove is sent, explaining why the person is being removed and what will happen if they don’t leave on their own. The ability to go voluntarily gives people greater control over their situation and increases the likelihood that they will be able to avoid re-entry prohibitions in the future.
Forced Deportation
When the government of the United Kingdom expels a person from the country against their will, this is known as forced deportation. Serious criminal acts, threats to the public or national security, or decisions taken by the Home Office frequently lead to such outcomes. Forcibly deported individuals are often held until their deportation is scheduled, which may be a very distressing and terrible ordeal. Experiencing forced deportation may have lasting effects, such as possible re-entry restrictions or even permanent exclusion from the UK.
If you do not meet the exemption criteria for deportation in the UK, it does not mean that you cannot challenge the deportation order. There are several grounds on which you may be able to argue to remain in the UK:
These grounds provide a basis for challenging deportation, even if you do not meet the standard exemption criteria.
Rees Clayton understands that the prospect of deportation from the UK can be both stressful and overwhelming. That’s why our immigration law firm is committed to providing top-tier assistance through our highly experienced solicitors, who specialise in various areas of immigration law, including removals handled by the Home Office. We take pride in guiding you through the complexities of UK immigration laws and helping you reclaim your rights when needed
Contracting our immigration specialists, you will begin with a definite review of your case and the circumstances leading to deportation. Here we will have a chance and the time to discuss the uniqueness of your situation and develop a corresponding effective course of action. Be it against the Home Office’s decision or any other legal resource that one may take, we stand side by side to offer the best solution.
Deportation is the formal removal of an individual from a country, usually due to a violation of immigration laws or criminal conduct. It is a legal process in which a government orders the expulsion of a foreign national or non-citizen, typically after they have been deemed to be in the country unlawfully or have committed actions that threaten public safety or national security.
Deportation can occur as a result of overstaying a visa, committing a serious crime, or failing to meet immigration requirements.
You may request immigration bail if you are being detained in a detention or deportation institution for illegal immigrants. Depending on your position, you have the option to seek for bail via either the Home Office Bail or the First-Tier Tribunal.
You need to have spent seven days in custody before you may request bail. Your release from immigration removal facility custody will be based upon the approval of your bail application.
Our team of skilled immigration solicitors is here to assist you or a loved one in navigating the bail application procedure if you or they are facing imprisonment. Although we cannot promise that your claim will be successful, we will do our best to advise you and handle your case with the utmost care.
Thus, having ILR does not fully shield a person from deportation entirely. The Home Office may deport you if certain circumstances exist despite your valid ILR such as the nature of the offence, and length of the sentence, among others.
If this appeal is declined, you might be expected to depart from the UK. However, depending on the circumstances of your case, you may still be allowed to consult your attorney or seek a judicial review of the decision.
Yes, it is possible to apply for immigration bail on the basis of detention for not less than seven days. Although you cannot expect a particular outcome, legal aid will always increase your chances.
Yes, some people including British citizens, people with a right of abode, people with confirmed civil rights, and people with a qualifying residence may not be deported.
Voluntary removal entails leaving the UK without any compulsion, while forced removal entails being removed from the country against the person’s wish by the Home Office enforcement.