How Deportation Works in the UK?
The Home Secretary has the discretion to issue deportation orders under Section 3(5)(b) and Section 3(6) of the Immigration Act 1971.
British citizens or individuals with the Right of Abode, including those who hold British citizenship, cannot be deported. However, foreign nationals, including those with Indefinite Leave to Remain, Limited Leave to Remain, pre-settled status, or settled status, may be subject to deportation. A deportation order invalidates any existing leave to enter or remain in the UK.
How to Deal with Deportation in the UK?
Deportation from the UK requires an individual to leave the country and prevents their return for at least 10 years. It applies to non-British citizens who have breached UK law or, in some cases, when the government deems their presence “not conducive to the public good.”
- The Home Office will send a formal letter explaining the reasons for deportation.
- There is no automatic right to prevent deportation.
- An appeal can be made if a Human Rights claim is refused.
If the Home Office has informed you of a potential deportation order, it is crucial to seek expert legal advice from experienced immigration solicitors. We can help protect your right to remain in the UK and guide you through the legal process.
What are the Grounds for Deportation?
The Secretary of State can order deportation on the following grounds:
- Deportation may be ordered if it is deemed conducive to the public good, such as when a foreign national has been convicted of a criminal offence. The following factors are considered when assessing public interest in deportation:
- The risk that the individual will re-offend.
- The need to deter foreign nationals from committing serious crimes.
- Public sentiment and confidence regarding serious crimes.
- A criminal court can recommend deportation if:
- The individual is aged 17 or older.
- The offence resulted in a prison sentence.
- Family Members of Deportees: In some cases, family members of a deportee may also face deportation, though this is a controversial aspect of the law. It is often challenged under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family life.
What is the Deportation Process in the UK
The deportation process in the UK follows several key stages and is governed by immigration laws. While the specifics may vary depending on the individual case, the process generally includes the following steps:
- Arrest and Detention: If a person is identified as liable for deportation, immigration enforcement officers may arrest them. During this process, the individual may be detained in an immigration detention centre until their case is resolved or deportation is carried out.
- Notice of Liability to Deportation: The individual will receive a Notice of Liability to Deportation, which explains the grounds for deportation. This notice also provides an opportunity for the individual to submit representations or evidence challenging the deportation decision.
- Home Office Review and Decision: The Home Office will assess the case, taking into account any representations made by the individual. Their decision will be based on a range of factors, including immigration law violations, criminal convictions, and concerns related to national security or public safety.
- Issuance of a Deportation Order: If the Home Office decides that deportation is appropriate, a Deportation Order will be issued. This legal document authorises the removal of the individual from the UK.
- Appeal Rights: In many cases, individuals have the right to appeal the deportation order. Appeals are usually submitted to the First-tier Tribunal (Immigration and Asylum Chamber) within a specified time limit. This process allows the individual to present their case and contest the deportation decision.
- Removal Arrangements: If the deportation order is upheld, or if the appeal is unsuccessful, the Home Office will make logistical arrangements for the individual’s removal. This often involves working with transportation services, such as airlines, to ensure that the person is escorted out of the UK.
- Physical Removal: Once removal arrangements are finalised, the individual is physically removed from the UK. Immigration enforcement officers may accompany the individual to ensure their departure from the country.
It is important to note that the deportation process can vary in complexity, depending on factors such as the individual’s immigration history, criminal record, and human rights considerations. Each case is unique, and navigating this process can be difficult without professional legal guidance.
At Axis Solicitors, we are committed to providing compassionate and expert legal assistance for those facing deportation. Our team offers personalised support to help you understand your rights and options throughout the deportation process.
Rules for Deportation in the UK
Deportation rules in the UK are primarily governed by the Immigration Act 1971 and have been refined by subsequent legislation, such as the UK Borders Act 2007. These rules outline the conditions under which non-UK citizens may be subject to deportation. Key points include:
1. Grounds for Deportation:
- Criminal Convictions: Non-UK citizens who are convicted of serious criminal offences, such as violent crimes, drug-related offences, sexual crimes, or threats to national security, may face deportation. Deportation is particularly likely if the individual has been sentenced to a custodial term of 12 months or more, leading to automatic deportation under the UK Borders Act 2007.
- Immigration Violations: Individuals who breach UK immigration laws—such as by overstaying their visa, working without permission, or entering the country illegally—can be deported. Immigration offences are scrutinised under both the Immigration Act 1971 and later amendments.
- National Security Concerns: Those considered a threat to the UK’s national security, including individuals involved in terrorism, espionage, or activities endangering public safety, may be deported. The government uses deportation as a tool to mitigate threats to national security.
2. Decision by the Home Office:
The Home Office, acting through the Secretary of State for the Home Department, is responsible for making decisions about deportation. This decision takes into account an individual’s specific circumstances, criminal record, national security concerns, and any representations made by the individual or their legal representatives.
3. Notice of Liability to Deportation:
Before a deportation order is issued, the individual will be served with a Notice of Liability to Deportation, explaining the reasons for the decision and providing the opportunity to present a defence or appeal.
4. Appeals and Human Rights:
Individuals subject to deportation often have the right to appeal the decision. Appeals are made to the First-tier Tribunal (Immigration and Asylum Chamber) and must be submitted within a specified timeframe. The appeal process may consider human rights protections, including the right to family and private life under Article 8 of the European Convention on Human Rights (ECHR).
5. Automatic Deportation:
Under Section 32 of the UK Borders Act 2007, individuals convicted of certain serious criminal offences, leading to a prison sentence of at least 12 months, may be subject to automatic deportation. In these cases, there is often limited scope for appeal, unless specific exemptions, such as human rights claims, apply.
Seeking Legal Advice
Given the complexity of deportation laws in the UK, it is highly advisable to seek legal assistance if you are facing deportation or have concerns about your immigration status.
What is Automatic Deportation?
Under Section 32 of the UK Borders Act 2007, the Secretary of State has the power to issue an Automatic Deportation Order. This applies to foreign nationals who have been convicted of a criminal offence and sentenced to at least 12 months in prison. British citizens and those with Right of Abode are exempt from automatic deportation.
What if the Foreign National is an EEA National?
EEA nationals are an exception to the rule of automatic deportation if they can demonstrate they have been exercising their treaty rights under EU law, such as working or studying. However, EEA nationals can still face deportation on grounds of public policy, security, or public health. These exceptions continue to apply post-Brexit in certain cases.
Legal Services & Support in Deportation Cases
At Axis Solicitors, we provide a range of deportation-related services to help clients facing removal from the UK.
Our services include:
1. Challenging Deportation Orders
If you receive a deportation order from the Home Office, you need immediate legal assistance to challenge it. We can assess the legal grounds for your deportation and determine if there are any exceptions or reasons to prevent it. This includes exploring arguments based on family ties, human rights, or length of residence in the UK.
2. Appeals and Representation
In many deportation cases, you have the right to appeal a deportation decision, particularly if a human rights claim has been refused. We represent clients in appeals before the First-Tier Tribunal, ensuring that your case is presented clearly and effectively. Our solicitors have extensive experience in preparing strong appeals and delivering persuasive arguments to prevent deportation.
3. Judicial Review
If you have exhausted all other legal remedies and your deportation appeal has been unsuccessful, you may be eligible to apply for a Judicial Review (JR). This is a legal process that challenges the legality of the Home Office’s decision. Our team will assess the merits of your case and, if appropriate, assist in seeking a JR to ensure that the deportation decision is fair and lawful.
4. Voluntary Departure Advice
In some cases, clients may choose to voluntarily leave the UK rather than face forced deportation. We provide advice on the benefits and potential consequences of voluntary departure, helping you make informed decisions about your options. Voluntary departure may help you avoid a re-entry ban, and we can guide you through this process.
5. Protection for Qualifying Family Members
Deportation can have a significant impact on family life. If you have a qualifying child or partner in the UK, we can help you challenge your deportation by arguing that removal would be unduly harsh on them. We specialise in human rights arguments related to family life and private life under Article 8 of the European Convention on Human Rights (ECHR).
6. Complex Deportation Cases
We handle a wide range of complex deportation cases, including those involving individuals who have lived in the UK for most of their lives, those with extensive family ties, and individuals with criminal convictions. Our solicitors are skilled in navigating the intricacies of immigration law to develop the best possible defence against deportation.
How to Challenge Deportation in the UK?
UK immigration law is complex and constantly changing, making expert legal advice essential.
Axis Solicitors provides legal support to individuals facing deportation or removal from the UK.
- The Home Office may consider deportation for sentences of 12 months or more or for serious or persistent offending.
- You may argue deportation breaches your private and family life, though serious offences can limit this defence.
- Deportation usually carries a 10-year re-entry ban, unless circumstances have significantly changed.
- A deportation order can be challenged or revoked through formal representations to the Home Office.
- Appeals may succeed where there are strong human rights or compassionate grounds.
- Early, proactive engagement with the Home Office can improve the chances of a successful outcome.
Acting quickly and securing specialist legal representation is critical when challenging a deportation decision.
Reasons for Deportation from the UK
1. Immigration Violations
- Overstaying a visa or remaining in the UK without valid leave.
- Working without authorisation or breaching visa conditions.
- Entering the UK illegally or failing to comply with immigration rules.
2. Criminal Convictions
- Conviction for serious offences such as violence, drugs, or sexual crimes.
- Automatic deportation for prison sentences of 12 months or more.
- Offences linked to national security or serious public harm.
3. Fraud or False Information
- Providing false or misleading information in immigration applications.
- Using forged or falsified documents.
- Fraud discovered after leave to remain has been granted.
4.National Security Concerns
- Involvement or suspected involvement in terrorism-related activity.
- Espionage or actions that threaten public safety.
- Activities considered harmful to the UK’s national interests.
5. Revocation of Refugee or Protection Status
- Loss of refugee status due to changed country conditions.
- No longer meeting the criteria for humanitarian protection.
- Evidence that protection was obtained on false grounds.
What are the Deportation Costs in the UK?
Government Responsibility for Costs
- Deportation expenses are generally covered by the UK government.
- Individuals being deported are not usually required to pay removal costs.
- Funding comes from the government’s immigration enforcement budget.
Arrest and Detention Costs
- Costs of arrest and detention are paid by the government.
- This includes accommodation in immigration removal centres.
- Security, welfare, and basic services are also covered.
Removal and Logistics
- The government coordinates all removal arrangements.
- Administrative and liaison costs with destination countries are included.
- Travel bookings with airlines or transport providers are funded by the state
Transportation Expenses
- Transport to airports or seaports is government-funded.
- Flights or other travel to the destination country are paid for by the UK.
- Escort arrangements, where required, form part of these costs.
Factors Influencing Overall Costs
- Distance between detention location and point of departure.
- Variation in travel costs depending on the destination country.
- Additional medical, welfare, or security requirements increasing expenses.
