Table of Contents
- What is UK Deportation?
- General Rules in UK Deportation
- Who can be deported or banned in the UK?
- How can Immigration Lawyers UK help in Immigration Deportation?
- Limits on Re-Entry Ban and Re-entering UK after Deportation
- Things You Can Do When Facing Deportation from the UK
- How to Appeal Against Deportation?
- Differences in Removal and Deportation
- Validity of Deportation Order
- Frequently Asked Questions about Deportation in the UK
UK Visa
Eligibility Test
What is UK Deportation?
Deportation in the UK is designed to remove a person from the country due to concerns that have arisen from their immigration process. Typically, the reasons for deportation include violating immigration laws or a person who poses a threat to the public interest or national security. UK Deportation is simply a measure taken by the UK government to maintain the integrity of its immigration system and to protect the country from undesirable individuals.
General Rules in UK Deportation
The first rule you have to know regarding UK Deportation is it is illegal if done without a reason. Meaning, one must only be deported according, but not limited, to the following rules:
- The Secretary of State deems you as a threat to the best interests of the public.
- You are related to a person (be it a spouse, civil partner, or child) who is ordered to be deported.
- You are over the age of 17 and have been convicted because of a punishable offense resulting in imprisonment.
Another thing you have to remember is deportation may be prohibited if it would result in a breach of an individual's human rights. More so, the person facing deportation has the right to appeal the decision and can seek legal assistance to challenge the issue.
Who can be deported or banned in the UK?
UK Deportation orders are primarily issued to individuals who are found to have committed serious offenses like violent crimes, drug trafficking, or acts of terrorism. Below are the circumstances of which a person can be deported or banned in the UK:
- Individuals in violation of immigration laws
- Individuals deemed a national security threat
- Individuals in violation of deportation orders
- Individuals who are considered undesirable and not conducive to the public good, even if they haven't committed a criminal offense.
Keep in mind that the decision to deport is made on a case-by-case basis, considering factors such as the severity of the offense, the individual's ties to the country, and their personal circumstances.
Differences in Removal and Deportation
Deportation is the lawful removal of an individual from the UK due to immigration-related concerns or criminal activities. At this point, you will have to apply for the revocation of a deportation order before returning to the UK.
Removal, on the other hand, refers to the expulsion of an individual from the UK who does not have the right to remain, without the legal implications associated with deportation.
If you find yourself in a situation where you are being threatened with deportation, it is essential to be aware of your rights and the steps you can take to challenge the decision.
Validity of Deportation Order
If someone is deported in the UK after being imprisoned for a period of less than 4 years, the Home Office states that they can be considered to re-enter the country 10 years after the deportation order was made.
Limits on Re-Entry Ban and Re-entering UK after Deportation
There are five different types of UK deportation rules when it comes to bans. Refer to the table below to see where it is most applicable according to your situation:
No Ban | 1 Year Ban | Two Years Ban | Five Years Ban | Ten Years Ban |
Overstayed UK Visa in less than 30 days | Overstayed UK Visa for more than 30 days and entered the country illegally | Overstayed UK Visa for more than 30 days and entered the country illegally | Overstayed UK Visa for more than 30 days and entered the country illegally | Used deception for entry clearance |
Left the country voluntarily | Breached a leave condition | Breached a leave condition | Breached a leave condition | Left by being removed or deported after receiving caution from the Home Office |
Left the country with no expense in the Home Office | Used deception as to the present intentions of the person | Caused expense to the Home Office by being served a removal notice | Left by being removed after receiving caution from the Home Office |
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Things You Can Do When Facing Deportation from the UK
Fortunately, there are some things you can do when facing deportation from the UK, particularly if you didn’t commit any major violations. Here are some things you can do when facing UK deportation:
- Respond to the Home Office deportation letter by listing the reasons why you should be able to remain in the country. If the Home Office rejected the evidence you presented, you may;
- Make an appeal with the help of expert UK immigration lawyers. Now, keep in mind that the first deportation letter from the Home Office may state that you can or can’t appeal. If the letter said you can’t do so, you have to;
- Take your case to a judicial review. This must be within three months of receiving the letter.
These are the main things you can do when facing deportation. It’s suggested to seek the help of immigration lawyers to see which route is best for you to take, before proceeding.
How to Appeal Against Deportation?
To effectively appeal against deportation, it is crucial to have a solid understanding of the process and the options available to you. The first step is to seek legal advice from an experienced immigration lawyer who specializes in deportation cases. They can provide invaluable guidance and support throughout the entire process.
You may also receive a notice of appeal along with your deportation order. This notice contains important details on how to lodge an appeal and the deadline you have for doing so.
The grounds of appeal, preparation, and submission are all important parts of the process. Make sure that you specify the grounds of your appeal and prepare all the evidence, legal arguments, or necessary immigration forms. It’s also essential to submit the appeal on or before the deadline given by the Home Office.
Once your appeal is accepted, there will be a scheduled hearing where you and your legal representative can present your case. Finally, the tribunal will make a decision based on your appeal.
How can Immigration Lawyers UK help in Immigration Deportation?
Immigration Lawyers UK can assist individuals facing deportation in various ways including:
- Legal advice
- Appeals and representations
- Human rights claims
- Asylum and protection claims
- Negotiating with immigration authorities on your behalf to seek alternatives to deportation, like voluntary departure or other forms of relief
The most important thing, however, is Immigration Lawyers UK is a team of experienced lawyers who specialize in deportation cases, with expert legal guidance and representation are guaranteed.
