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Deportation from the UK

By: Louise Smith, barrister - Updated: 19 Jan 2017 | comments*Discuss
 
Deportation From The Uk

In some circumstances a foreign national may face deportation from the UK.

Deportation Orders

Under UK immigration law a deportation order may be made against a foreign national. A deportation order not only authorises the individual’s removal from the UK but also makes him liable to be held in custody until he is removed.

A deportation order also means that the foreign national is ineligible to return to the UK while the order remains in force and takes precedence over any visa or other leave the foreign national previously obtained.

The Criteria for a Deportation Order

A foreign national may be made the subject of a deportation order for a number of reasons. These include:
  • The Secretary of State believes that is in the interests of the public good that the foreign national is removed from the UK;
  • The foreign national is the spouse, civil partner or child of an individual who is the subject of a deportation order; or,
  • The foreign national is over 17 years old, has been convicted of a criminal offence which carries with it a prison sentence and the court which sentenced the foreign national recommended that he be deported once he has served his sentence.
There is a general presumption that a deportation order is in the interests of the public good and that this consideration will outweigh all over factors – unless deportation would breach the individual’s human rights or his rights under the European refugees convention. Indeed a deportation order should not be made against an individual if removing them from the UK would lead to a breach of the UK’s duties under the European conventions on human rights and / or refugees.

The Effect of a Deportation Order

Once a deportation order has been made against, and served on, a foreign national he may be held in detention without any further warning. Alternatively, other restrictions may be placed on his activities while he remains in the UK. When the foreign national is given notice of the deportation order he will also be notified of his rights of appeal.

Family Members of an Individual Facing Deportation

Although the family members of an immigrant facing deportation are also liable to be deported they may avoid deportation in certain circumstances. The spouse or civil partner of an individual facing deportation may not be deported if they have either qualified to live in the UK themselves – and not just as a family member of the immigrant to be deported – or if they live apart from them.

The children of a foreign national facing deportation may avoid being deported if they live with one of their parents separately from the individual to be deported, if they live alone and support themselves, or if they got married or entered into a civil partnership before the question of deportation arose.

Under UK immigration law a spouse or civil partner who has been deported because of their relationship with a deportee may apply to re-enter the UK if the marriage or partnership is ended. A child who has been deported may apply to re-enter when he reaches the age of 18.

Deportation After a Criminal Conviction

If a foreign national is convicted of a criminal offence which results in a prison sentence they are liable to be deported when they are released for prison. In some cases the sentencing judge will recommend that the individual be deported at the same time as he sentences them to prison.

The more serious the offence, the more likely a judge is to recommend that the foreign national be deported. Whether or not a judge has recommended deportation, when a foreign national is approaching the end of their sentence the Prison Service should notify the immigration authorities of his impending release. This should be done sufficiently far in advance so that preparations for deportation can be commenced in good time.

In cases where no recommendation for deportation was made by the sentencing judge a foreign national should be considered for deportation if he received a prison sentence of longer than one year, or two years in the case of a European citizen. In deciding whether a foreign national should be deported after he has served his sentence the immigration authorities will take into account the offender’s age, his links to the UK and the seriousness of his offence.

Administrative Removal

Since October 2000 a foreign national who is in breach of UK immigration law may face administrative removal rather than deportation. This could apply in the case of a foreign national who has breached the conditions of his leave to enter or remain in the UK, or who obtained permission to stay in the UK through deception.

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My partner was taken into custody by immigration control when we went to the registry office to give notice of marriage as we had already gotten married under our religion(Islam). We have been together 3 years, I am of French nationality but was born in the UK (London) ,he also has a young daughter here. He is 27 and has been here since 2004, after being interviewed it seems they believe that our relationship is genuine, however, due to his last application being rejected and no appeal because there was no point , they seem cautious and said they will be taking him to an immigration centre soon. What can we do in this situation and what is the worst case scenario. Can we get married legally at all?
Sweets - 19-Jan-17 @ 1:32 PM
Deportee- Your Question:
Hi, I was sentenced for 17 months and deported from the U.K. (Year 2006) after serving my sentence.It's been more than 10 years. would I be able to enter the U.K. again as a tourist??I've learnt my lesson and I'm doing very well now with a good job, I'm financially secure and able to afford all my travel expenses.PS: I'm from a commonwealth country (Asia)

Our Response:
You would have to check whether you can apply via the gov.uk link here.
AboutImmigration - 19-Jan-17 @ 11:35 AM
Hi, I was sentenced for 17 months and deported from the U.K. (Year 2006) after serving my sentence. It's been more than 10 years .... would I be able to enter the U.K. again as a tourist?? I've learnt my lesson and I'm doing very well now with a good job, I'm financially secure and able to afford all my travel expenses. PS: I'm from a commonwealth country (Asia)
Deportee - 18-Jan-17 @ 3:31 PM
Mel - Your Question:
Hi dear My son was deported in 2015 after being in prison for a crime he committed.He also fathered two kids here ,he was not given a time limit before he can return to the UK.Would he be allow to come back here and when ?Regards Mekda

Our Response:
Please see gov.uk link here which will help answer your question.
AboutImmigration - 18-Jan-17 @ 11:35 AM
Hi dear My son was deported in 2015 after being in prison for a crime he committed . He also fathered two kids here ,he was not given a time limit before he can return to the UK .Would he be allow to come back here and when ? Regards Mekda
Mel - 17-Jan-17 @ 4:45 PM
Mich - Your Question:
I had over stay my visa in england in 2014 to 2015 but I then left the country on my own accord and tried coming back a week later, I was detained on the airport and sent back that same day with a one year band. ending this febuary. I cant stay in my country as im not safe there, so I then came to ireland to seek asylum and my case is being processed there, can I come to uk and seek asylum here instead, even though I have done it in ireland?

Our Response:
Please see link: Claiming Asylum in the UK here which should answer your question.
AboutImmigration - 17-Jan-17 @ 12:14 PM
i had over stay my visa in england in 2014 to 2015 but i then left the country on my own accord and tried coming back a week later, i was detained on the airport and sent back that same day with a one year band... ending this febuary. I cant stay in my country as im not safe there, so i then came to ireland to seek asylum and my case is being processed there, can i come to uk and seek asylum here instead, even though i have done it in ireland?
Mich - 16-Jan-17 @ 4:12 PM
Hi, I would like to know how long does home office take off when they deport you. I know that home office does take 9 months of but I heard that they gone start take 18 months now. Please can anyone give me any information about this. Thank you
Lino - 13-Jan-17 @ 6:17 PM
Hi, my sons father got deported from the uk in 2012 and was sent back to nigeria (the country he was born in), he has since been advised that he isnt allowed to visit anywhere else in europe because of the deportation, i cant seem to find any truth in this and wondered if anyone knew whether or not this is true?
Bekstar222 - 11-Jan-17 @ 9:51 PM
Hi my daughter went to albania and got married she had spent over a thousand poundcto get here hes a british citizen now they have been married 10 years and shes found out hes been cheating on her and has been since he got here they have 2 kids aswell hes hit her and gave her a disease aswell he said he only wanted the visa to get here hes made her a wreck shes actotal wreck and hes making her lifea misery puting her down sayin she wont get anyone else because she ugly he was her world and now hes done this to her she wishes she nevef met him and wants him gone back to albania hes only here in scotland because he knows the moneys good hes just used her can she get him thrown back to albaniawhers he should stay hes hurt her I hate him I want him away from her and the kids help please what does she do
sandra graham - 11-Jan-17 @ 6:33 PM
pretty - Your Question:
Hello there,Is it possible to deport an immigrant who is here in the UK illegally and is pregnant from a hospital?Female immigrant is expected to give birth at a hospital and father is illegal too.

Our Response:
You can contact the Home Office if you think someone is living or working in the UK illegally, please see link here.
AboutImmigration - 10-Jan-17 @ 12:42 PM
The Don - Your Question:
I am an EEA national and lived and exercised my Treaty rights in the UK since 2001. I was sentenced to 20 months in prison for fraud for a value below £50,000. I was aware that EEA nationals could be deported from the UK if the prison sentence was over 24 months, or 12 months if the offence was for drugs, sex or violence. Fraud is categorised as "white collar crime", therefore the threshold is 24 months. On top of that, from my Pre-Sentence report I was classified as LOW risk of harm/re-offending, using Home Office risk assessment tool. 1 week before the end of my half sentence I was given a deportation order. In April 2016 I provided Home Office with 15 years worth of documents proving my mortgage, as proof of private life in the UK, qualifications from UK Colleges indicating exercise of Treaty Rights, socially and culturally integrated in the country, lawfully residence in London etc. etc., my expired and current passports showing residence in London. Depite all these documents my case worker has falsified some reports and concluded that 1. my expired passport was only valid for 5 years for individuals over 18 years of age (EEA passports are valid for 10 years for people over 18) and that I came in London illegally. I was deported back to my country the 04.01.2017 and already applied for admission in the UK to attend my deportation hearing. I feel that I can win the case and take legal action against Home Office. What do you think?

Our Response:
I'm afraid we cannot comment upon this as it is impossible to predict. Therefore, you would have to seek specialised legal advice.
AboutImmigration - 10-Jan-17 @ 12:21 PM
Hello there, Is it possible to deport an immigrant who is here in the UK illegally and is pregnant from a hospital? Female immigrant is expected to give birth at a hospital and father is illegal too.
pretty - 9-Jan-17 @ 6:02 PM
I am an EEA national and lived and exercised my Treaty rights in the UK since 2001. I was sentenced to 20 months in prison for fraud for a value below £50,000. I was aware that EEA nationals could be deported from the UK if the prison sentence was over 24 months, or 12 months if the offence was for drugs, sex or violence. Fraud is categorised as "white collar crime", therefore the threshold is 24 months. On top of that, from my Pre-Sentence report I was classified as LOW risk of harm/re-offending, using Home Office risk assessment tool. 1 week before the end of my half sentence I was given a deportation order. In April 2016 I provided Home Office with 15 years worth of documents proving my mortgage, as proof of private life in the UK, qualifications from UK Colleges indicating exercise of Treaty Rights, socially and culturally integrated in the country, lawfully residence in London etc. etc., my expired and current passports showing residence in London. Depite all these documents my case worker has falsified some reports and concluded that 1. my expired passport was only valid for 5 years for individuals over 18 years of age (EEA passports are valid for 10 years for people over 18) and that I came in London illegally. I was deported back to my country the 04.01.2017 and already applied for admission in the UK to attend my deportation hearing. I feel that I can win the case and take legal action against Home Office. What do you think?
The Don - 9-Jan-17 @ 4:31 PM
Debz - Your Question:
My husband is Algerian I am British we've been married for 7 years an have a family together, we sent his documents off last week to the home office. Everything was on track but my purse has been stolen (police say if I didn't see anyone take it then I just lost it) it was in my bag I was on my way to the bank. Now we can't afford to pay his fees. His work place won't let him work now until his documents come back. We don't no what to do or where to go for advice or help. so scared! I can't lose my best friend. We are expecting some one to come to our home an deport him. Any help would be much appreciated. Thank you.

Our Response:
Regardless of whether your purse has been stolen or lost, your bank should still be able to release the money if you can prove who you are. I advise you to contact your bank asap.
AboutImmigration - 9-Jan-17 @ 10:37 AM
My husband is Algerian I am British we've been married for 7 years an have a family together, we sent his documents off last week to the home office. Everything was on track but my purse has been stolen (police say if I didn't see anyone take it then I just lost it) it was in my bag I was on my way to the bank. Now we can't afford to pay his fees. His work place won't let him work now until his documents come back. We don't no what to do or where to go for advice or help.. so scared! I can't lose my best friend. We are expecting some one to come to our home an deport him. Any help would be much appreciated.. Thank you.
Debz - 8-Jan-17 @ 7:00 AM
Victory - Your Question:
My partner was an over stayer, who was picked up from his mother's house, put into s detention centre and forced to sign forms to say that he would leave. Although he did not know what he was signing at the time. He was removed 7 years ago, its been a long time but we miss him dearly and he has children here. What can he do now to get back here, all of his family is here. How can I help him. Please we need all the advice we can get.

Our Response:
Please see gov.uk link here which should answer your question.
AboutImmigration - 5-Jan-17 @ 2:52 PM
Stilts- Your Question:
My partner is coming to the half way piont of his 4 year sentence for a joint enterprise trail on gbh. His charge was conspiracy to cause gbh. He has served 2 years in March so this is his release date. He is polish and has a son in England and has up until his sentence had 12 years tax evidence but never got round to handing in all paperwork to stay here permentantly. We plan to marry this year. We are getting different conflicting information regarding his ability to stay in the uk. We've heard nothing from the system to suggest he will be deported despite being in a foreign national prison. He is an enhanced prisoner with no behaviour issues. But the information we get is so conflicting. We've even been told that he will not be able to work when he is released or he will be sent to a holding place after heach is released. Help? What are the chances of him being released and going into a holding place and not back to me. Will he be deported? Can we apply for permentant residences when he gets out.

Our Response:
Under Section 32 of the UK Borders Act 2007, it specifies that the Secretary of State must make a deportation order in respect of a non- British criminal where the criminal was convicted in the UK and sentenced to a period of imprisonment, and the period of imprisonment is 12 months or more. The Home Office will usually write to the individual stating that they are considering issuing a deportation order against them in the form of an Intention to Deport notice. This gives the individual a chance to argue a case why they should not be deported. If you have been told he cannot work and will be sent to a holding centre on release, then it is highly likely deportation is being considered.
AboutImmigration - 5-Jan-17 @ 10:46 AM
Ace - Your Question:
I am a EU citizen from the Netherlands. I got sentenced to 14 months in 2014 for fraud by false representation, I was meant to serve half but then got hit with a deportation order. I said I was liable for deportation which at the time and even now confuses me, because as an EU citizen only a sentence off 2yrs and over would make me liable for deportation. To keep a long story short I got a solicitor involved to overturn this decision but he failed to do so and after spending an extra 2 months in a detention centre I got deported back to the Netherlands. What are my chances of coming back to the UK?

Our Response:
Please see gov.uk link here which will explain further.
AboutImmigration - 5-Jan-17 @ 10:33 AM
My partner was an over stayer,who was picked up from his mother's house, put into s detention centre and forced to sign forms to say that he would leave. Although he did not know what he was signing at the time. He was removed 7 years ago, its been a long time but we miss him dearly and he has children here. What can he do now to get back here, all of his family is here. How can I help him. Please we need all the advice we can get.
Victory - 5-Jan-17 @ 1:08 AM
My partner is coming to the half way piont of his 4 year sentence for a joint enterprise trail on gbh. His charge was conspiracy to cause gbh.He has served 2 years in March so this is his release date. He is polish and has a son in England and has up until his sentence had 12 years tax evidence but never got round to handing in all paperwork to stay here permentantly. We plan to marry this year. We are getting different conflicting information regarding his ability to stay in the uk. We've heard nothing from the system to suggest he will be deported despite being in a foreign national prison. He is an enhanced prisoner with no behaviour issues. But the information we get is so conflicting.We've even been told that he will not be able to work when he is released or he will be sent to a holding place after heach is released. Help? What are the chances of him being released and going into a holding place and not back to me. Will he be deported? Can we apply for permentant residences when he gets out.
Stilts - 4-Jan-17 @ 11:14 AM
I am a EU citizen from the Netherlands. I got sentenced to 14 months in 2014 for fraud by false representation, I was meant to serve half but then got hit with a deportation order. I said I was liable for deportation which at the time and even now confuses me, because as an EU citizen only a sentence off 2yrs and over would make me liable for deportation. To keep a long story short I got a solicitor involved to overturn this decision but he failed to do so and after spending an extra 2 months in a detention centre I got deported back to the Netherlands. What are my chances of coming back to the UK?
Ace - 4-Jan-17 @ 10:41 AM
Meg - Your Question:
My partner was sentenced for 2 and a half years in prison does 15 months. He has a daughter who is 1 years old. He has indefinite leave to remain in the uk. He's lived in the uk more than half his life due to fostered. Went to school, college, worked In the uk. Has no other family in South Africa his family and home Is here in the uk with me and his daughter. What can we do please help

Our Response:
Indefinite leave provides permission to stay in the UK permanently and to be free from immigration control. However, in specific circumstances, indefinite leave can be revoked when the individual has breached the terms of their ILR. In deciding whether a foreign national should be deported once a prison sentence has been served, the immigration authorities will take into account the offender’s age, links to the UK and the seriousness of the offence. The process of deportation is justified on the basis that it is for the public good and that this should outweigh the interest of the individual. Your partner's only recourse is to seek professional advice. If allowed to appeal from the UK, he can speak to an immigration adviser or specialist solicitor who can advise him on the merits of his case and the possible routes to avoid deportation. If not allowed to appeal from the UK under the government's terms of 'deport first - appeal later', then your partner (once deported) will only be allowed to appeal from his country of origin. I'm afraid there is no alternative way of avoiding this level of Home Office bureaucracy.
AboutImmigration - 3-Jan-17 @ 10:55 AM
My partner was sentenced for 2 and a half years in prison does 15 months. He has a daughter who is 1 years old. He has indefinite leave to remain in the uk. He's lived in the uk more than half his life due to fostered. Went to school, college, worked In the uk. Has no other family in South Africa his family and home Is here in the uk with me and his daughter. What can we do please help
Meg - 2-Jan-17 @ 2:17 AM
I came into the UK in 2001 from Zimbabwe. I have overstayed and my passport is withthe UK border agency since they confiscated it in 2001.My passport has since expired in 2010 and is it possible to deport me without a passport or travel document.The Zimbabwean embassy Wont issue a new passport as they need valid I'd and currentbirth certificate which I do not have.
Maria - 2-Jan-17 @ 12:15 AM
Hi!! One of my friend is on7 years imprisonment for causing death of man by hitting his car while driving.He is on student visa will he be deported once he will complete his time in prison and second he will stay in prison for 3.5 years or 7 years thanks
Jill - 25-Dec-16 @ 9:23 PM
Jay - Your Question:
I have uk criminal record sentenced to 4 years in prison then got deported from U.K. I had ILR and was in the uk for 25 years legally. If I want to enter Europe or rebuplic of Ireland will my uk records stop me from traveling

Our Response:
Please see the re-entry ban information via the gov.uk link here which will answer your question.
AboutImmigration - 22-Dec-16 @ 10:31 AM
I have uk criminal record sentenced to 4 years in prison then got deported from U.K. I had ILR and was in the uk for 25 years legally. If I want to enter Europe or rebuplic of Ireland will my uk records stop me from traveling
Jay - 21-Dec-16 @ 4:01 PM
Hope - Your Question:
I was deported from the UK because I overstayed my visa because my (at the time) boyfriend and I couldn't afford to leave and re-enter. We still could afford to live. And I was not working or on benefits. I overstayed as well because I got pregnant and miscarried and got very sick afterward. I paid all my hospital bills. His ex girlfriend reported me for overstaying. Then, the police came, arrested me, and detained me. I had to leave all my things behind. In the jail, I was supposed to be given legal council and wasn't. They were supposed to come meet with me and didn't. They called me, told me I was out of luck and hung up. Then, I was transferred to a deportation facility and then to another after that. They wouldn't allow me to speak with my boyfriend or his family. Still have no idea why. At the first deportation facility they said I had to choose to pay for my flight which would lessen my ban or let them pay my flight which would result in a max ban. I couldn't afford to leave on my own, at the time, and I had no where to go when I got back to America (which was why I was in the UK because my husband, who is a UK citizen, was and still is my only home & family. I had no one or no where else. England was my home.I never got to appeal nor was I given any information or help to appeal.We are now married, have children and obviously have to live outside the UK. My question: I have 8 years left on my ban. I have no criminal record. Is there anything we can do to get this over turned so we can live there again before the ban is over? Our children won't be able to even meet their only relatives until they are seven years old! Also, I want to add for anyone reading this that UKBA told me I was also banned from the EU (because apparently they use the same databases) and that turned out to be a complete lie. I lived in the EU after this for two years completely legally. I even got married in the EU with no problems.

Our Response:
I'm afraid deportation bans are mandatory and cannot be overturned, please see link here. The government is wishing to curb immigration and therefore has the 'deport first appeal later' policy in order to stop people from appealling in the UK. Appealling from outside the UK is your only recourse in this case.
AboutImmigration - 21-Dec-16 @ 11:44 AM
I was deported from the UK because I overstayed my visa because my (at the time) boyfriend and I couldn't afford to leave and re-enter. We still could afford to live. And I was not working or on benefits. I overstayed as well because I got pregnant and miscarried and got very sick afterward. I paid all my hospital bills. His ex girlfriend reported me for overstaying. Then, the police came, arrested me, and detained me. I had to leave all my things behind. In the jail, I was supposed to be given legal council and wasn't. They were supposed to come meet with me and didn't. They called me, told me I was out of luck and hung up. Then, I was transferred to a deportation facility and then to another after that. They wouldn't allow me to speak with my boyfriend or his family. Still have no idea why. At the first deportation facility they said I had to choose to pay for my flight which would lessen my ban or let them pay my flight which would result in a max ban. I couldn't afford to leave on my own, at the time, and I had no where to go when I got back to America (which was why I was in the UK because my husband, who is a UK citizen, was and still is my only home & family. I had no one or no where else. England was my home. I never got to appeal nor was I given any information or help to appeal. We are now married, have children and obviously have to live outside the UK. My question: I have 8 years left on my ban. I have no criminal record. Is there anything we can do to get this over turned so we can live there again before the ban is over? Our children won't be able to even meet their only relatives until they are seven years old! Also, I want to add for anyone reading this that UKBA told me I was also banned from the EU (because apparently they use the same databases) and that turned out to be a complete lie. I lived in the EU after this for two years completely legally. I even got married in the EU with no problems.
Hope - 20-Dec-16 @ 5:29 PM
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