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Deportation from the UK

By: Louise Smith, barrister - Updated: 21 May 2018 | 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 friend has got a sentence of 3 years in prison and his from Bangladesh will he be deported
Abdulrahman - 21-May-18 @ 7:00 PM
@Billy - deportation orders remain in force for at least 10 years
TJ. - 15-May-18 @ 4:02 AM
Hi guys, i was in UK since the age of 8 years old. My appeal for a British Citizen was pending due to i was under age of 18, but however they let me join the secondary school where i completed my GCSEs. After that i went to college to finish my A levels off but as soon as i turned into 18, they rejected my appeal for a british citizenship. We put another appeal in so in meantime they decided to keep me in distention center for 3 moths. After that when my appeal was rejected again, then i was deported back to Pakistan, but they didn't tell me how long my banned was for. Now i have been out of UK for 4 years but i'm getting married someone from UK now so will i be allowed to go back to the UK once i get married or not, please let me know if someone has the right answer, thanks.
Billy - 14-May-18 @ 2:48 PM
Hi to all my brother got into trouble and serving6 years by doing only 3-1/2we came in uk 1999his papers been taken last week indefinitfe leave. Does that mean he will be deported And any causes that theres a way to sppeal against this as his family are all in uk Much apriciated for your time
Chrisuk - 10-May-18 @ 12:08 PM
@Ryan - Unfortunately if a deportation order was issued after a prison sentence of more than 4 years regardless of the time served this means a life time ban from returning to the UK.
TJ. - 8-May-18 @ 6:01 PM
I was born in jamaica. Came to uk to live with my mother at 15yrs, i got three kids over the period of 18yrs living in london. my oldest child is 13yrs old and my youngest is 4yrs old...... i got into trouble with the law in 2009 and got 7yrs in prison( to serve 3 and half yrs).... at the end i got release and sighing on @ukba office..... then got detain then deported to Jamaica..... im now married to my last baby mother for 3yrs since deprtation....... IS IT POSSIBLE FOR ME TO RETURN BACK TO THE UK? to unite with my family.
Ryan - 8-May-18 @ 1:13 AM
I was born in jamaica. Came to uk to live with my mother at 15yrs, i got three kids over the period of 18yrs my oldest is 13yrs old and my youngest is 4yrs old...... i got into trouble with the law in 2009 and got 7yrs in prison( to serve 3 and half yrs).... at the end i got release and sighing on @ukba office..... then got detain then deported to Jamaica..... im now married to my last baby mother for 3yrs since deprtation....... IS IT POSSIBLE FOR ME TO RETURN BACK TO THE UK? to unite with my family.
Ryan - 8-May-18 @ 1:10 AM
My ex came on a visit visa from pak he overstayed has a child with me. He had supervised contact and indirect contact he lost interest no effort made no child maintenance given. He abondened his duties as husband and father so i annulled the marriage. He is illegal in uk he married someone else had children with her would he get deported for over staying.
Mary - 7-May-18 @ 12:54 PM
Hi my friend was deported to Tunisia after 5 years in prison. his solicitorsent a passport to homo office. He did not regain his passport and no one knows where he is now or still in England or in Tunisia
Kinia - 4-May-18 @ 7:18 PM
My ex husband is in jail, serving 5 years for rape. He has a deportation order attached to his sentence. He is due to be released in September 2018 and I would like to find out if he actually gets deported or is at least being detained. I have serious concerns over my child's and my safety if this person is released. Is there any way I can obtain information?
Jojo64 - 2-May-18 @ 6:50 PM
@Sabz - I think they generally try to time deportation at the end of the sentence. But if your boyfriend is going to be deported, the HO is not going to release him in case he disappears. So, if they can't deport him on release, he'll have to go to a detention centre first.
Mus - 30-Apr-18 @ 3:02 PM
Hi I’ve got a question about my boyfriend’s deportation who is currently in prison serving a six year sentence.He received a letter saying that his time in prison should end on the 8th of May 2018 but I just wanted to know what the whole process of the deportation is. I’ve heard that in some cases they are moved to a detention centre and then they will be removed. Can anyone help me??? Thanks
Sabz - 28-Apr-18 @ 8:11 PM
My brother stays in uk, studying and on tier 4. He is working partimeand over time , the border officials found that out . What wil be the consequence next? Wil be be deported
Skewer - 26-Apr-18 @ 7:53 PM
@S- If your partner has been give a prison sentence of over 12 months then deportation is considered automatic.
Naj - 26-Apr-18 @ 4:02 PM
@Shelly - yes you'd have to if your opinion has changed.
AXC - 26-Apr-18 @ 10:41 AM
Hi, I need advice in regards to my child's fatherin regards to his deportation order, i had previously written a letter in support of him and his case in regards to the role he played in his life, however things have changed andhis access and involvement in my child is very poor and i feel that the letter of support no longer reflects the truth. Am i am to contact the home office to get this letter withdrawn?
Shelly - 25-Apr-18 @ 1:10 PM
I have a partner currently in jail due out next year 1st offence (sentence to 4 doing 2) Immigration are now on his back we are engaged an have 2 children under the age of 7,he has also been here for 18 years and has his right to remain indefinite an has been school college an worked whilst been here too.. what are his possibilities?
S - 24-Apr-18 @ 2:05 PM
Surfguy - Your Question:
Hi I was in Uk since 2003 on student visa and my visa got refused in 2007 and I overstayed and got convicted in 2013 for 2 years for a fight.And I choose deportation.I was living with my partner whose an EU national after deportation she came and we got married and now is anyway I can go back to UK? As last time I tried to visit my wife in Uk and as soon they scan my passport the Uk borders inform the immigration from my country and I was refused to board the flight any help.Kind Regards

Our Response:
According to gov.uk 'There is a; 'mandatory or discretionary refusal of entry clearance and leave to enter or remain where the applicant has a criminal history or due to their character, conduct or associations. The length of time for which refusal will remain appropriate will depend on the date and length of sentence imposed, and the person’s character, conduct or associations. In other words, it is up to UKVI/the Home Office to decide whether you should be allowed to re-enter the country and there is no time limit put on this.
AboutImmigration - 24-Apr-18 @ 11:21 AM
Obebe - Your Question:
I was deported in 2010 after I was sentenced to 14 months prison time which I served only 3 months. Now am married with 4 kids and would like to visit the Uk with my family

Our Response:
There is a mandatory or discretionary refusal of entry clearance and leave to enter or remain where the applicant has a criminal history. The length of time is at the discretion of the Home Office dependent upon the date and length of sentence imposed, and the person’s character, conduct or associations.
AboutImmigration - 23-Apr-18 @ 3:06 PM
Hi I was in Uk since 2003 on student visa and my visa got refused in 2007 and I overstayed and got convicted in 2013 for 2 years for a fight.And I choose deportation.I was living with my partner whose an EU national after deportation she came and we got married and now is anyway I can go back to UK? As last time I tried to visit my wife in Uk and as soon they scan my passport the Uk borders inform the immigration from my country and I was refused to board the flight any help. Kind Regards
Surfguy - 23-Apr-18 @ 7:08 AM
I was deported in 2010 after I was sentenced to 14 months prison time which I served only 3 months. Now am married with 4 kids and would like to visit the Uk with my family
Obebe - 21-Apr-18 @ 7:41 PM
@lauraa - they usually deport at the end of a sentence. If so he will be free to return as a free man to his home country.
IsB - 9-Apr-18 @ 2:21 PM
hi i had overstayed my student visa for 30 days in 2011 . and i came back voluntarily . now i'am married.now if i want for visit for holiday. what are the chances of getting visa . thank you
laddu - 9-Apr-18 @ 7:44 AM
Hi my boyfriend has been sentenced for 18 months he is a foreign national but has an indefinite remain to stay, we have not heard back from Home office as he will serve half the 18 months witch is 9 and he had 4 months left will he be released if still not heard any reply from home office ???
Scooby - 8-Apr-18 @ 12:30 AM
Hi, My partneri was sentencedfor 20 month original in start of 2018 but in UK is law that he needs to sit just half so 10 month's.He wants to sign deportation papers and if he dose that he will be deported to Poland in June 2018 . They saying in prisons that he will be free man, but some people sayingthat he will need to sit in Poland's prion.Maybe you know somethingabout this? Thank you .
lauraa - 7-Apr-18 @ 10:23 PM
@Deported to Holland- I think he just would have to apply through the normal routes a person would generally apply through and answer the questions on the forms.
ManuelV - 6-Apr-18 @ 9:56 AM
Hi there, my friend was sent back to Holland after he served a 9months prison sentence, he was removed back to Holland after his sentence, he’s was banned from entering the UK for 2 years, it’s been 3 years since, where does he go to apply for re-entry pls.
Deported to Holland - 5-Apr-18 @ 12:07 PM
@Jotis - unfortunately deportation orders remain in force for at least 10 years before they can be revoked.
TJ. - 1-Apr-18 @ 8:23 AM
My mum had been in the UK for 14 years, she applied for indefinite leave to stay, but d application was wrongly done. And she was rejected. She was then deported. Is there a way for her to ho back to the UK.
Jotis - 31-Mar-18 @ 10:49 AM
@JoeC - the minimum to service before parole can be requested in Pakistan is 25 years and there is no maximum sentence, so not sure where you've got your information from.
NadimB - 15-Mar-18 @ 2:04 PM
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