Things You Need to Know About UK Deportation

Last updated: 1 September 2022

A deportation order is an official document requiring a person to leave the United Kingdom and authorises their detention until they are removed. Once removed, a person who is subject to a deportation order is not permitted to re-enter the UK while it is in force. Deportation Orders are generally issued where it is deemed to be ‘conducive to the public good’ by the Secretary of State. As such, if you are a foreign national in the UK and you have been convicted of a crime here, you may be deported.

It is important to understand that ‘deportation’ is different from ‘administrative removal’. Whereas deportation is normally on the basis of criminality, administrative removal happens if you do not have permission to remain in the UK, for example, your leave (i.e. visa) has expired, or if you do not have valid immigration papers. If you are required to leave the country, the Home Office must allow you a period of time (notice) that you may be removed and give you time to challenge the decision.

UK deportation rules

The deportation UK rules state that a foreign national may be issued with a deportation order if they consider it is ‘conducive to the public good’. Deportation may be ‘conducive to the public good’ where a migrant:

• Has received a jail sentence of 12 months or more
• Been convicted in the UK or overseas for an offence that has caused ‘serious harm’, or
• Is a repeat offender

A person who overstays (i.e. remains in the UK when their visa has expired and has not applied for a new visa) may be subject to administrative removal, but this is not the same as being deported as a criminal.

What does serious harm mean?

‘Serious harm’ means that a person has caused serious physical, psychological, emotional, or economic harm to another person or persons. For example, if you were convicted for a single offence of shoplifting, it is unlikely this would be considered to cause ‘serious harm’.

What is a repeat or persistent offender?

A repeat (or persistent) offender is a person who commits several crimes showing that they have a disregard for the law. It is important to note that the offences that count towards a person being a repeat offender do not necessarily have to have led to jail sentences.

A number of factors will be considered, including the number of offences, when they were carried out, the seriousness of the offences, and when the last offence took place. Other factors which may help to avoid deportation include whether a person has attended a programme to help them stop offending.

Exemptions to deportation

You may be exempt from deportation if you:

• Are a British citizen
• Are a British Overseas Territories citizen
• Are a Commonwealth or Irish citizen ordinarily resident in the UK for 5 years or on 1^st January 1973, or
• If you have a right of abode

Deportation of family members

It is important to note that if you receive a deportation order, your immediate family may also be deported, including your spouse or civil partner and children. They may not be deported, however, if they have settlement (indefinite leave to remain) in the UK, are UK citizens, or have not been living with you.

If you’re concerned about the impacts of a deportation order on your family’s immigration status, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.

What you can do if you receive a deportation order

If you have received a deportation order from the Home Office, it is important to seek legal advice from an immigration solicitor. Depending on the reasons for your deportation, you may have several legal routes available to you, including:

• Challenging the deportation decision
• Appealing if challenging the deportation decision is not successful
• Applying for a judicial review (JR) if challenging the deportation decision is not successful

Challenging the deportation decision

If you have received a deportation order, depending on the reasons provided, you may be able to challenge the Home Office’s decision. Before challenging the decision, it is important to check if the Home Office is allowed to deport you (see ‘exemptions to deportation’ above). If you fit into one of the above exemptions, it is advisable to seek the assistance of an immigration solicitor who can request that the Home Office review your case and provide the required evidence to show you are exempt.

If you are not exempt from deportation, you may be able to challenge the decision to remove you from the UK if:

• the right to private and family life under Article 8 of the ECHR applies.
• a person jailed for 4 years or more has very compelling circumstances (e.g. serious illness).
• a person jailed for more than 1 year but less than 4 years has a child who is a British citizen or has resided in the UK for 7 or more years as long as:
  • It would be unduly harsh for the child to live in the country where they are being deported to, or it would be unduly harsh for their child to remain in the UK without them.
  • they are integrated into the UK, and if there would be significant obstacles to their integration into the country they will be deported.
• a person jailed for more than 1 year but less than 4 years is in a genuine and subsisting relationship with a partner who is a settled person or British citizen, as long as:
  • they did not enter into the relationship when their immigration status was ‘precarious.’
  • It would be unduly harsh for their partner to reside in the country where they are being deported, or it would be unduly harsh for their partner to remain in the UK without them.
  • they are integrated into the UK, and if there would be significant obstacles to their integration into the country they will be deported.

Appealing if the challenge of deportation is rejected

Under the current immigration rules, those who receive a deportation order do not have an automatic right of appeal. It is still possible to bring an appeal against deportation, but only in limited circumstances, including where:

• a person has been granted pre-settled or settled status under the EU Settlement Scheme (EUSS), or they have a valid EUSS family permit, and a decision to issue them with a deportation order was made on or after 11 pm on 31^st January 2020, or
• human rights or protection grounds apply

Judicial review if the challenge of deportation is rejected

Applying for a judicial review means that you are challenging the legal basis for the decision to deport you. You may be able to apply for a judicial review to challenge the Home Office’s decision to deport you, but this should only be done where it is clear that it was not lawful.

It is important to note that the court carrying out the judicial review will only make a decision on the lawfulness of the Home Office’s decision. It is only possible to apply for a judicial review when you have exhausted your rights of appeal.

Notice periods for UK Deportation

The Home Office must give you notice that they intend to deport you from the UK. You should be given a notice period for the deportation of 7 calendar days if you are not currently detained. This is 72 hours if you are currently detained; this must include two working days, and the last 24 hours must include a working day.

If you are being deported by way of a charter flight from the UK, you will be given a notice period of 5 working days.

In addition to the above, in ‘non-suspensive appeal’ cases, you must be given at least 5 working days’ notice of removal. This is only 72 hours if your case has already been challenged by way of a judicial review. ‘Non-suspensive’ means that the Home Office is not required to delay your removal until you have had the opportunity to appeal a refusal of an asylum claim.

When you should not be deported from the UK

There are certain circumstances in which you should not be deported from the UK by the Home Office, including if you:

• Are exempt from deportation (see ‘exemptions to deportation’ section above)
• Have started the process of appealing or challenging your deportation decision
• Have an injunction preventing your removal
• Can show that your removal from the UK would breach the UK’s obligations under the European Convention on Human Rights.

If you believe that there may be grounds that mean you should not be deported from the UK, speak to an immigration solicitor who will be able to confirm this for you.

Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.

Can you come back to the UK after deportation?

You may be able to return to the UK after you have been deported; this requires an application to stop a deportation order (i.e. revoke your deportation order). Your request to revoke your immigration deportation order must be put in writing and submitted to the Home Office with a clear justification and evidence.

It is advisable to always seek the expertise of an immigration solicitor who can write your letter and prepare the evidence necessary to stop your deportation order. The Home Office will only typically allow the revocation of a deportation order if they can see that the situation which led to your deportation has substantially changed.

It may also be the case that a certain number of years must have passed until you can return to the UK; i.e. for a person who was imprisoned for less than four years, the rules state that 10 years should have passed before allowing the revocation of a deportation order.

Please note, that requesting the revocation of your deportation order in no way guarantees that you will be able to re-enter the UK. Even if your deportation order has been lifted, the Home Office or border officials can still make the decision to prevent your entry to the UK.

Can I come back to the UK after my voluntary departure?

If you opt to leave the country voluntarily, you may be subject to a smaller re-entry ban. For example, if you left the UK voluntarily at your own expense, the re-entry ban is only 1 year. If you left the UK voluntarily, but this was funded by the Home Office, the re-entry ban is 2 years. Either way, leaving the UK voluntarily is preferable to be forcibly deported when it comes to returning to the UK and will improve your chances of being given permission to re-enter the UK in the future.

How can Reiss Edwards help?

Reiss Edwards specialises in all aspects of immigration law, including Home Office deportation and removals. Our immigration solicitor will:

• Assess your case and the reasons for deportation and recommend the best course of action
• Review your circumstances and advise if you can challenge the Home Office’s decision
• Challenge the legal basis for your deportation if you are eligible for a judicial review

For assistance with deportation or administrative removal from the UK, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.