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Administrative Removal

Comprehensive legal support including case evaluation, document preparation, appeals, and Home Office liaison for administrative removal cases.

Got a Section 120 Notice?

The Home Office notifies individuals who are liable for removal from the UK. Notices must be issued within 7 days for those not in detention and within 72 hours for detainees. 

They inform about the removal country, the consequences of staying illegally, and the support available to return. This notice also requires you to report any new grounds for remaining in the UK. After the notice period, the Home Office has a 3-month window to carry out the removal.

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What is Administrative Removal?

Administrative removal refers to the expulsion of individuals from the UK for breaching immigration laws. This procedure differs from deportation, which is reserved for those who have committed serious criminal offences.

Facing administrative removal can be an overwhelming experience. At Axis Solicitors, our team of experts has a strong track record in successfully challenging these removals. We are dedicated to protecting your rights and securing the best possible outcome. Contact Axis Solicitors today for a free initial assessment.

When is Administrative Removal Applicable?

Administrative removal is a legal process for expelling individuals from the UK who have breached immigration laws. Governed by Section 10 of the Immigration and Asylum Act 1999, this procedure is distinct from deportation, which is reserved for individuals who have committed serious criminal offences. Administrative removal may be enforced by the Secretary of State for the Home Department (SSHD) or an immigration officer.

A person is liable for administrative removal if they:

  • Fail to comply with conditions of leave to enter or remain in the UK.

  • Are illegal entrants or overstayers.

  • Obtain leave to remain by deception.

  • Are the spouse, civil partner, or child under 18 of a person who has been issued removal directions.

We are dedicated to protecting your rights and securing the best possible outcome

What are the Reasons for Administrative Removal?

Administrative removal refers to the expulsion of individuals from the UK for breaching immigration laws. This procedure differs from deportation, which is reserved for those who have committed serious criminal offences.

Lack of Required Leave:

  • Breaching Visa Conditions: Violating the terms of a visa, such as working when prohibited.
  • Overstaying Visa: Remaining in the UK beyond the expiration of a visa.
  • Deception: Obtaining or attempting to obtain leave to remain through false information or deception.
  • Family Members: Spouses, civil partners, or children under 18 of individuals who have been issued removal directions.

Illegal Entrants:

  • Unlawful Entry: Entering or attempting to enter the UK unlawfully, including breaching a deportation order or the Immigration Rules.
  • Clandestine Entry: Entering the UK clandestinely.

Facing administrative removal can be an overwhelming experience. At Axis Solicitors, our team of experts has a strong track record in successfully challenging these removals. Contact Axis Solicitors today for a free initial assessment.

How Deportation Works in the UK?

Deportation is a serious punitive immigration measure under Section 5 of the Immigration Act 1971. A deportation order requires an individual to leave the UK and prohibits re-entry while the order is in force.

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Grounds for Deportation

The SSHD may order a deportation under Section 3(5)(b) and (6) of the 1971 Immigration Act for the following reasons:

  • The Secretary of State considers the deportation to be ‘conducive to the public good’.
  • The individual is a member of the family of a deportee.
  • A court has recommended deportation for a person aged 17 or over convicted of an offence punishable by imprisonment.

Exemptions to Deportation

British citizens and others with the right of abode cannot be deported. Additional exemptions are addressed in Section 7(1)(b) and (c) of the 1971 Act.

Procedure for Deportation

The procedure for deportation is outlined in paragraphs 382 and 384 of the Immigration Rules. In addition to the standard immigration appeals process, a deportation order can be contested under Articles 2, 3, 5, 6, and 8 of the European Convention on Human Rights.

Updated Guidelines For Administrative Removal

The UK government has rolled out significant updates to the administrative removal *process in 2024, aiming to streamline procedures, provide clearer guidelines, and reduce detention times. These enhancements are intended to make the removal process more efficient and fair, while still upholding stringent immigration controls.

Clearer Guidelines

The new guidelines focus on enhancing transparency in assessing liability for administrative removal. They provide detailed criteria for issues such as overstaying, illegal entry, and the use of deception to obtain entry clearance. By requiring a thorough assessment of an individual’s immigration history and any deceptive actions, these guidelines ensure that administrative removal decisions are based on comprehensive and accurate information. This approach is intended to ensure fair treatment and due process.

Streamlined Processes

The administrative removal process has been simplified to reduce delays and improve efficiency. The updated caseworker guidance now includes clear instructions for preparing and arranging removals, with specific procedures for handling cases involving families and vulnerable individuals. This update serves to ensures that the process is not only efficient but also humane and fair. By minimising procedural complexity, the updated guidelines make the administrative removal process more straightforward for everyone involved.

Reduced Detention Times

One of the primary goals of the 2024 updates is to reduce detention times for individuals facing administrative removal. The new guidelines emphasise voluntary departures, allowing individuals to leave the UK at their own expense within specific timeframes to avoid longer bans on re-entry. Those who choose voluntary departure face significantly shorter re-entry bans compared to those who are forcibly removed. This not only reduces detention durations but also gives individuals greater control over their departure process.

For further assistance and legal support regarding administrative removal, please contact Axis Solicitors. Our experienced team is here to guide you through the complexities of UK immigration law.

Appealing Deportation or Administrative Removal

At Axis Solicitors, we pride ourselves on being a competitive and innovative law firm with a flexible, can-do approach. Our team provides thorough and effective legal support throughout your case.

  • Legal Advice: Clear guidance on immigration law, human rights, and case law.
  • Appeal Rights: Understand your appeal options under relevant immigration statutes.
  • Appeal Preparation: We prepare and file appeals with strong, detailed grounds.
  • Briefing Counsel: Comprehensive briefs for Counsel to ensure effective representation.
  • Post-Appeal Advice: Guidance on outcomes and next steps after your appeal.

Contact us today to ensure you have the best possible representation in your deportation or administrative removal case.

When Can You Be Removed from the UK?

Administrative removal can happen for various reasons. Knowing the common grounds can help you avoid complications.

1. Violation of Visa Conditions

  • Working or studying against the rules of your visa can trigger removal.
  • Ignoring restrictions on your leave may lead to action by the Secretary of State.
  • Short-term visas with conditions are strictly enforced.

2. Overstaying Your Leave

  • Remaining in the UK beyond your visa dates is a criminal offence.
  • Overstaying knowingly can result in removal proceedings.
  • Authorities actively monitor visa expiry and compliance.

3. Deception

  • Obtaining leave to remain through false information is illegal.
  • Attempting to mislead immigration officials can lead to removal.
  • Any fraudulent documents or claims are taken seriously.

4. Family Ties to Removed Persons

  • Being a partner, spouse, or child of someone being removed can affect you.
  • Your status may be reconsidered if linked to someone facing removal.
  • Authorities may review your case in family-related removal scenarios.

5. Entry-Related Offences

  • Entering the UK clandestinely can result in immediate removal.
  • Arriving while a deportation order is active triggers enforcement.
  • Overstaying limited leave remains the most common ground for removal.

Process to Re-entry & Challenging Deportation in the UK

1. Re-entry After Deportation or Removal

  • Re-entry is generally prohibited for at least 10 years.
  • Family members may return without revoking the deportation order.
  • Eligibility depends on current immigration rules and legal assessment.

2. Challenging Deportation Decisions

  • No automatic right to appeal most deportation or removal decisions.
  • EUSS status holders or valid family permit holders can appeal post-Jan 31, 2020.
  • Human rights grounds may provide a basis for challenge.

3. Judicial Review

  • Can be sought if no other appeal options exist.
  • Assesses lawfulness of the Home Office’s decision.
  • Does not replace the original decision but can overturn unlawful actions.

4. Axis Solicitors Legal Services

  • Competitive, innovative, and client-focused law firm.
  • Flexible approach with remote and confidential services.
  • Fixed-fee packages available for full remote immigration support.

5. Eligibility Assessment

  • Evaluate eligibility for re-entry or challenging removal.
  • Receive guidance tailored to your case and circumstances.
  • Understand potential outcomes and next steps clearly.

Why Clients Choose Axis Solicitors

We offer you years of legal expertise in immigration cases, innovation, and client-focused solutions to tackle complex deportation cases effectively.

Experienced in administrative removal cases

Tailored legal solutions for individuals

Transparent, affordable, and fixed-fee services

Remote and in-person support available

Contact us today for urgent legal advice on administrative removal matters.

Protect Your Rights Against Deportation

If you have been previously removed from the UK, an experienced team of Axis Solicitors is here to help you assess your eligibility for re-entry under current immigration rules. 

Our experienced solicitors will guide you through the entire process, keeping you well-informed about potential outcomes and supporting you throughout your immigration journey. We provide clear, upfront information about all associated legal service fees. 

Book Initial Assessment

Our Services for Administrative Removal

At Axis Solicitors, we provide expert legal support for administrative removal and deportation cases. We guide you through each stage of the process to protect your rights and achieve the best possible outcome.

  • Free Initial Assessment: Evaluate your case with no upfront cost
  • Case Strategy Planning: Tailored approach based on your circumstances
  • Application & Documentation Support: Prepare and review all submissions
  • Home Office Liaison: Direct communication to expedite your case
  • Appeals & Legal Representation: Represent you in tribunals and hearings
  • Ongoing Support & Guidance: Step-by-step advice until resolution

Your case is handled with professionalism, confidentiality, and a focus on achieving successful results.

FAQs: UK Administrative Removal

  • Appeal a Home Office decision to the Immigration Tribunal if an error has been made.

  • Request an Administrative Review to have the decision reconsidered without a full appeal.

  • Make a Human Rights Claim if return would expose you to harm or rights violations.

  • Apply for Leave to Remain, such as family, partner, or humanitarian routes.

In UK immigration law, deportation and administrative removal are different. Deportation is more serious and usually applies to individuals with criminal convictions whose presence is not considered in the public interest. Administrative removal applies to people without lawful status, such as overstayers or those who breach visa conditions. Understanding the difference is important, as each has different consequences and legal options.

Administrative Removal is a process where individuals can be required to leave the UK for not following immigration rules. This could happen if you:

  • Enter the UK without permission: This includes arriving without a valid visa or using deception to enter.
  • Overstay your visa: Remaining in the UK beyond the date your visa allows is a breach of immigration rules.

Breach your visa conditions: This could involve working when you don’t have permission or committing a crime.

Deportation is a serious legal action that can lead to forced removal from the UK. It may occur due to criminal convictions, being considered a threat to the public good, association with a deported family member, or certain specific offences. As deportation cases are complex and often allow for appeals, seeking early advice from an experienced immigration solicitor is essential.

If you are facing removal from the UK, it is important to understand the process. Administrative removal can occur either inland, where a person is detained and removed after breaching visa conditions, or at the port, where entry is refused and removal happens immediately. A notice of removal varies in timing depending on detention, appeals, or flight arrangements. Removal and deportation decisions can often be challenged through legal routes, including asylum or human rights claims, with support from experienced immigration solicitors.