If you are at risk of being deported, or you have already been deported, then you may be wondering about what your options maybe in the future if you plan to return to the UK at some point. In this article we will look at the wider issue of deportation and your rights regarding returning to the UK in the future. We will look at alternatives to deportation and office some practical advice on what to do in the current situation that you're in.
If you have already been deported from the UK then you are likely to be aware of the fact that you are subject to an entry ban to the UK. An entry ban is usually 10 years for the UK and you will not be able to apply for a visa or travel to the UK in that 10 year period. There is little that can be done in this instance, and it is certainly preferable to try and deal with the situation before you are deported rather than trying to change anything afterwards as you have significantly more options before you're deported than once you have been.
If your application to remain in the UK has been rejected then you have three viable options: you can choose to either go to judicial review (if you cannot appeal), leave the country voluntarily or be deported. Clearly deportation is not going to be the ideal solution and you should try to avoid being deported at all costs as it will significantly damage your prospects in the future. This is because if you want to return to the UK at a later date, you will be subject to a 10 year entry ban. In this instance we would suggest that if your case is strong enough, it may be worth pursuing a judicial review. If your case is not particularly strong then you may be much better off leaving the country voluntarily and paying for it yourself. In your rejection letter you should be informed whether you are allowed to lodge an appeal or not. If you are allowed to lodge an appeal then you should think of pursuing this step. If you’re going to pursue an appeal, then this is the stage at which she may want to contact immigration specialists such as ourselves who can help you.
If you opt to leave the country voluntarily, you may only be subject to a one-year entry ban to the UK rather than a 10 year one. This is a significantly better option, but you will need to travel home and pay for it yourself. If you are planning to return to the UK at later date this is by far the best option. If you are unsure of which is your best option, please get in touch and our immigration specialists can help to assess your case and to decide what action you should opt to take next.
There are several grounds to appeal a rejection to remain in the UK. The main grounds being: if the decision was based upon a prejudice towards your race, you have significant family connections in the UK or sending you back to your country of origin would pose a danger to you. If this is the case then you should certainly consider your options. If you get in touch with our immigration specialists, they can help to work out what your best grounds for appeal are and also help to make your case and assist with your appeal.
It is best to make your appeal at the earliest possibility as it gives the maximum amount of time for it to be considered, it also means that you have less chance of being forcibly removed from the country; which will keep your option to leave voluntarily open which may well be your best chance of coming back to the UK at a later date.
The process can take several weeks once it has been decided that you will be forcibly removed from the country. Once you have this decision you will be required to attend an immigration office regularly and you'll be given a date for your removal; you may also be forcibly detained if the Home Office believe that you will try to abscond - but in many cases they will try to avoid it if they believe you intend to travel home.
If you have any queries about forced deportation, please get in touch and we can talk you through the process and hopefully help to avoid you being detained forcibly. This can be a very stressful time and our advice can help you to manage the situation as best as possible.
You will still be entitled to be looked after by a solicitor and at this stage and it is worth having us in your corner as we may be able to do something to help your case. Being detained is normally the last resort before you are removed from the country but on occasion there will be extenuating circumstances that mean you will be able to stay the country so please get in touch for more information.
If you get in touch with our immigration solicitors they can help to assess your case and decide what the best route is for you. Every case is individual and that is why we will need to speak to you about the specifics of your case. So please call us today and our immigration solicitors will be happy to help you.