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Deportation from the UK

By: Louise Smith, barrister - Updated: 12 Dec 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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[Add a Comment]
Hi my friend is getting wed and her fiancé is getting deported home to his country.Are they allowed to marry if they do will this not help him coming back to the UK. Also does she have to be earning 20 a year before he can come back and dies he need a job too. Please help I'm worried for her
Plymgirl - 12-Dec-17 @ 11:05 AM
@Sana my advice would be that you divorce your husband which will likely lead to the cancellation of his visa. You should contact an immigration adviser with more details of your situation.
TJ. - 12-Dec-17 @ 10:28 AM
@Kingko your friend can apply for a visa to visit the UK after the 10 year re entry ban elapses. His previous deportation will definitely be have weight in any application he makes.
TJ. - 12-Dec-17 @ 10:22 AM
Hi, My husband used me for his visa, but now i want him deported back to pakistan, is that possible? Please if someone knows about it contact me! Ive been running for 3 years now. The day he came to uk same evening he trow me out of house. Went to police they simply said its a civilmatter. He ruined my life. Had contact with MP, SOLLICITORS, HOMEOFFICE, even prime minister. But no one couldnt help me. So please if someone knw anyone.
Sana - 12-Dec-17 @ 12:24 AM
A friend of mine overstayed his student visa and was caught up in one if the immigration grades and after 7 days at the detention center decided to return to his country Ghana. Voluntarily but couldn't afford his flight so 10 years, and almost through with the ten years ban, can he still apply for a UK visa afterwards and does he stand a chance of getting a visa to visit his friends again in the UK.
Kingko - 11-Dec-17 @ 6:45 PM
Mario25 - Your Question:
Hi.My best friend was convicted in UK this year for a 20 months sentence because of a sexual offence. He serve 5 months and then he been deported. I want to ask if anyone know after how long he can came back in the UK or how long he have ban to entry in the United Kingdom ?

Our Response:
A mandatory or discretionary refusal of entry clearance and leave to enter or remain is enforced where the applicant has a criminal history .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. Your friend would have to apply to have the order revoked by the Home Office, before he was allowed to re-enter the country. There is no guarantee the Home Office would give permission for him to return to the UK.
AboutImmigration - 11-Dec-17 @ 2:27 PM
@Mario25 your friend will not be able to return to the UK until he applies for the deportation order to be revoked.
TJ. - 8-Dec-17 @ 8:04 PM
Hi.My best friend was convicted in UK this year for a 20 months sentence because of a sexual offence. He serve 5 months and then he been deported. I want to ask if anyone know after how long he can came back in the UK or how long he have ban to entry in the United Kingdom ?
Mario25 - 8-Dec-17 @ 5:00 PM
zinho - Your Question:
I was deported in 2015, in immigration United kingdom deported me at heatrow terminal 4 because I went under enough money for a holiday there, and I use my country passport instead of passport Europe.I want to ask if I have been deported, how long can I re-enter the United kingdom? and if I have a passport Europe I can reenter the UK or not?

Our Response:
You can see more via the Free Movement link here , which should help answer your question.
AboutImmigration - 1-Dec-17 @ 3:17 PM
Ali - Your Question:
Hi dear I want to ask one of my friend who’s deported from Uk in 2010 behalf of over stay and he married now with British girl my question is this can he apply for spouse visa or not and if he is baned then how many years he must wait for ?

Our Response:
You can see more via the FreeMovement link here, which should help answer your question.
AboutImmigration - 1-Dec-17 @ 2:02 PM
Hidear I want to ask one of my friend who’s deported from Uk in 2010 behalf of over stay and he married now with British girl my question is this can he apply for spouse visa or not and if he is baned then how many years he must wait for ?
Ali - 1-Dec-17 @ 9:55 AM
carpenter - Your Question:
A friend of mine was sentenced to 4 years in prison after being caught with a car full of marijuana ( idiot). He was offered deportation back to France ( he is French) after 1 year. He has been back in France for 2 years now, but as a long time resident of the UK ( he is a chef) all his friends etc are UK based. Is there a legal minimum term which he will be disallowed re-entry to the UK, or is it worth him applying for the right to return after only 2 years? The understanding with his sentence was 2 years inside / 2 years on probation. It was his first offence.

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 or due to their character, conduct or associations.
AboutImmigration - 30-Nov-17 @ 12:57 PM
@carpenter your friend needs to apply for revocation of the deportation order he received before he can return to the UK. A 4 year imprisonment term means the deportation order will remain indefinitely until revoked.
TJ. - 29-Nov-17 @ 3:01 PM
a friend of mine was sentenced to 4 years in prison after being caught with a car full of marijuana ( idiot). He was offered deportation back to France ( he is French) after 1 year. He has been back in France for 2 years now, but as a long time resident of the UK ( he is a chef) all his friends etc are UK based. Is there a legal minimum term which he will be disallowed re-entry to the UK, or is it worth him applying for the right to return after only 2 years? The understanding with his sentence was 2 years inside / 2 years on probation. It was his first offence.
carpenter - 28-Nov-17 @ 10:34 PM
@Zinho if you have a valid EEA passport you are free to come to the UK for holiday, work, study or just to live unless it is in the public interest to leave you outside the UK which is mainly for serious criminals.
TJ. - 28-Nov-17 @ 8:27 PM
I was deported in 2015, in immigration United kingdom deported me at heatrow terminal 4 because I went under enough money for a holiday there, and I use my country passport instead of passport Europe. I want to ask if I have been deported, how long can I re-enter the United kingdom? and if I have a passport Europe I can reenter the UK or not?
zinho - 28-Nov-17 @ 5:48 PM
Hello. I am EU citizen living in UK. When I was young and stupid like 18 or soI took few loans on my then at that timeboyfriends name. After only ayear he went to police to let them knows. After now 6 years I was getting letters from police officer in social media email etc and got one letter in post that i have been admitted as Suspect. I agreed ( but not admit that I have done any of those fraud loans ) that I will pay it off so Idont have anything to do with it as they said they would arrest me if i would enter the country. I paid 2/3like 2000 eur of it and could not pay like 1000 euros yetas I have child and family and it is big money.I told police officerI would pay asap I could but I cannot at the moment and she now is saying I will get arrested and deported backto my home country from UK if I would not pay it. I do not know if they can do that I would think they cannot get order for deportationfor such a small crime. Can they deport me? Thank You
Simlo - 27-Nov-17 @ 7:11 PM
Hi my name is zahid i was deport from Heathrow airport on arrival in feb 21 2007 without any reasson. The immigration not grant me to entry they think that i will not go back. kindly inform me that now 10 years gone can i apply now for uk sports visit visa.
zia - 27-Nov-17 @ 5:43 PM
Hello me and my boyfriend have a situation.He came on visitor visa in uk to see family and me but one day happen like this that he have to signed volutery leave because immigration start think that he broke the law they think he was working...The question is his visa when he leaving the country not expired yet does this visa will be baned or he can still come back on the same visa
RinyRiny - 24-Nov-17 @ 2:29 PM
hi i have lived in the uk 16 years, i served a prison sentence of 2 years after a drunken mistake which resulted in a street robbery,after my sentence i was then detained by the home office for a couple of months and was granted bail after. now i Sign on every two weeks and have been for the past 2 years since my release but i was given a deportation order. Me and my girlfriend( who has indifinate leave to remain ) are expecting our first child in January and been together 2 years but known each other 4-5 years. My question is how can i resolve my immigration. Please advise . Thank you
T.Z - 21-Nov-17 @ 11:21 PM
hi, i travelled to the UK in 1995 , and my friend had her cv with her, so they only allowed us to stay for 4 days, so i went back to switzerland. two months later i went back to heathrow airport and they then searched my bags and i had my diary with me, in which i wrote that i had a job waiting for me and all that crap, i was 18 at the time and very naive. So now i will be traveling to Europe next year and fear that i will be banned . is that possible?
lucia - 21-Nov-17 @ 7:47 AM
Sumon - Your Question:
My cousin who is an overstayer and a failed asylum seeker. He was caught working illegally in UK after home office released him on immigration bail. They told him to go to reporting in local police station but he never been. After few month local police came into his address and they could Not find him. They put charge into the courtagainst him that working illegally. He Did Not receive any letter from court or police. He have girlfriend their relationship is nearly two years and she is pregnant too. Will my cousin get deported.

Our Response:
It is likely your cousin will be deported if he is undocumented.
AboutImmigration - 17-Nov-17 @ 2:23 PM
Hi, my partner claimed asylum a few years ago but never proceeded. We have just asked to get married, today we had a interview and his passport was taken by home office. Can we recieve this back? Why do they need this? Can we reapply for marriage as it got refused due to bank statements not being sufficient?
Leelee - 17-Nov-17 @ 12:18 AM
My partner is abusive to me and emotionally abusive to our children. He was from abroad and English is not his first language. He cheated in life in UK test and fraudulently gained British citizenship. One interview can confirm this, it is very apparent that he does not speak or understand adequate English. Can there be a way that he is retested because he feels like he has successfully cheated the system and encourages others to do the same. He is very abusive and controlling since he gained British citizenship with fraud.
deanne - 16-Nov-17 @ 5:20 PM
Hasan - Your Question:
I have been deported back to somalia I came to the uk when I was 8 years old since coming to somalia I have experienced very real violence car explosions my life has become a living hell what can I do and how can I over turn my decision

Our Response:
If the Home Office has allowed you to appeal, you can appeal. It's you're only way as if you have been deported you will face a re-entry ban.
AboutImmigration - 16-Nov-17 @ 12:29 PM
I have been deported back to somalia i came to the uk when i was 8 years old since coming to somalia i have experienced very real violence car explosions my life has become a living hell what can i do and how can i over turn my decision
Hasan - 15-Nov-17 @ 7:51 PM
My cousin who is an overstayer and a failed asylum seeker. He was caught working illegally in UK after home office released him on immigration bail. They told him to go to reporting inlocal police stationbut he never been. After few month local police came into his address and they could Not find him. They put charge into the courtagainst him that working illegally. He Did Not receiveany letter from court or police. He have girlfriend their relationship is nearly two years and she is pregnant too. Will my cousin get deported.
Sumon - 14-Nov-17 @ 4:07 PM
Hope - Your Question:
My boyfriend is currently doing his prison sentence which he should hopefully come out next June (2018) and has already been there since April(2017); however he thinks he has a big chance of deportation but he only got convicted of intent of supply class A drugs but has no violence records. He is only 18 and His whole family live in the uk and he moved here when in primary school. Do you think he will get deported??

Our Response:
It is likely your boyfriend will face deportation. It is considered mandatory that Secretary of State makes a deportation order in respect of a foreign criminal who has been convicted of an offence in the UK and receives a sentence of 12 months or more.
AboutImmigration - 14-Nov-17 @ 3:51 PM
Aaania - Your Question:
Hi. My brother has been deported (that was his decision) in 2010. He should stay in the prison for 24 moths but after 12 month he signed deportation and they let him go back to Poland. Where we can check when he will be able to re enter UK?

Our Response:
According to gov.uk, 'changes to the general grounds for refusal under part 9 of the Immigration Rules came into effect on 13 December 2012. The changes provide for 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.' Your brother would ask this question via UKVI/Home Office.
AboutImmigration - 13-Nov-17 @ 2:56 PM
My boyfriend is currently doing his prison sentence which he should hopefully come out next June (2018) and has already been there since April(2017); however he thinks he has a big chance of deportation but he only got convicted of intent of supply class A drugs but has no violence records. He is only 18 and His whole family live in the uk and he moved here when in primary school. Do you think he will get deported??
Hope - 11-Nov-17 @ 9:54 PM
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