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Deportation from the UK

By: Louise Smith, barrister - Updated: 18 Feb 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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[Add a Comment]
DK - Your Question:
Hi, my friend was in a prison for 2year in UK and was deported to EU 9month earlier in 2006. It’s been 10years since , can he comeback to uk for a visit ? Thank you very much Diana

Our Response:
Your friend would have to ask permission from the Home Office. Under part 9 of the Immigration Rules, the length of time for which refusal will remain appropriate (regarding a re-entry ban to an individual with a criminal history) will depend on the date and length of sentence imposed and the person’s character, conduct or associations.
AboutImmigration - 19-Feb-18 @ 10:40 AM
Hi, my friend was in a prison for 2year in UK and was deported to EU 9month earlier in 2006. It’s been 10years since , can he comeback to uk for a visit ? Thank you very much Diana
DK - 18-Feb-18 @ 2:44 PM
Partner is Non EU national sentence to 14 for Two charges to run concurrent. So he has to do 8 with 20% credit. So he has to 2.5 years in allWhat are the chances for him to get cat d. And win his appeal. He has not received a deportation order yet and the judge did not resquest deportation during sentencing.
Sarah - 15-Feb-18 @ 11:27 AM
@Catherine - generally if someone is serving more than 12 months they'll be deported. The Home Office doesn't take prisoners if you know what I mean. He might go into a Cat D in the meantime.
RogV - 13-Feb-18 @ 2:45 PM
My partner was sentenced to 9 years in prison he a EU national he says he has a review for cat D does that mean he will not get deported?
Catherine - 11-Feb-18 @ 8:37 PM
@zane - Yep, same as TJ - it's up to the Home Secretary at the end of the day. It would be seen as a matter of public interest that anyone serving time should be deported for such a crime. As a rule anyone who has a sentence of 12 months or more can be deported, but there will be other clauses to that law. E
Ecstr - 8-Feb-18 @ 3:06 PM
@zane - any foreign national can be deported from the UK If the Home Secretary feels it is in the best interest of the public and all chances of appeal have been exhausted.
TJ. - 8-Feb-18 @ 7:19 AM
My partner is an EU citizen, currently in prison on a 6 month sentence (downloading indecent images – he came across them accidently and deleted them - not that that seemed to make the difference). He is coming to the end of his sentence and they are now trying to deport him within 20 working days. He has been residing in the UK for 15 years, and married to me for 8 years, looking at the information above this shouldn’t be possible. Has there been a change of policy?
zane - 7-Feb-18 @ 10:42 PM
@Josh - You should have been eligible for ILR if you served in the army for 8 years. But now since your visa has expired you should leave the country as soon as possible to avoid being detained, deported and banned from re entry. Once you have left, you may look into applying for a family spouse visa.
TJ. - 7-Feb-18 @ 7:27 AM
I write about My boyfriend case. He get 8 month sentence for burglary. And he HDC eligibility date 24/01/18 I already speak with him probation officer and now we wait they put him on the legs tag. But the problem is that today him has an appointment the prison immigration office. And they told him ( if he signature for the papers they send back him country ) but Levente not signed. And they told him he need seating for the full sentence whic is ending 25/03/18 Please help me what gonna happening. We have a chance we can Stay in UK or they send back? And him have any chance he get the legs tag?
Angel eyes - 6-Feb-18 @ 10:17 PM
My boyfriend was convicted for 2 months he did his time in that time he received an order for deportation now he did the 2 months and 1 month over his sentence in prison and wants to be deported voluntary and doesn t know what to do to get deported much faster is there anyting he can do like write to home office or something . thank you
julia - 6-Feb-18 @ 4:41 PM
My visa expired on the 25th of november last year.I couldnt extend it because i dont have fund for it. Ex Army veteran served in the british army for 8years.Was looking for assistance from various Army charities but to no avail. Any time now the immigration will be at my door.Luckily my wife got ILR and my 2 kids got british passport. Any advised??
Josh - 6-Feb-18 @ 11:47 AM
@Mug - unfortunately if you have been sentenced to 4 years or more in prison you will never be able to settle in the UK permanently.
TJ. - 6-Feb-18 @ 12:14 AM
@Georgia - If you overstay your visa you risk being detained, deported and banned from re entering the UK. Even if you manage to evade the authorities, you will never be able to study or work with reputable organizations, open a bank account or rent suitable premises.
TJ. - 6-Feb-18 @ 12:11 AM
I'm facing deportation after 26 years of living in the UK. For drug related offences over a decade old. I was imprisoned in 2004. Got released changed my life and started a family. Considering when I was imprisoned in 2004 and released in 2005. I had indefinite leave to remain. Just lately I applied for a NTL Transfermeaning the biometric card. And after waiting over 6 months they have now told me I'm facing deportation. Since I was punish for my crimes I have not reoffended. Instead Igot a job and started a family. I Now have 3 dependants 2 of which I care for full time s a single father. Now that I have applied for my biometric card. My whole world's is finish, with no regards they want to deport me and do whatever they want with my kids. All they do is hurt a destroy families, their is no justification in this system, even if like me your past was decades ago before they brought in that immigration act and you gave changed they dont care, thats the history
Mug - 5-Feb-18 @ 6:53 PM
Hi , I moved with my dad to the U.K. When I was 17 . So I have a dependant visa. If he left back to our home country (South Africa). Would I get deported if I chose to stay in the uk ? ( I'm 19 years of age now ) what other options are there for me to stay ?
Georgia - 5-Feb-18 @ 7:53 AM
@Nikos - Unfortunately this site does not allow sharing of links but the information you seek is on the location below. A person who has been sentenced to less than 4 years imprisonment cannot have their deportation order revoked for 10 years. (govuk - government publications who needs an entry clearance)
TJ. - 2-Feb-18 @ 6:05 AM
@TJ Thanks very much but I think this a re-entry ban you are describing not a deportation order? There isnt a time frame specified for a deportation order except an application for the deportation to be revoked and this would usually be refused if applying before the 3 years after the date you left the country. I have checked on the government website where it shows you the re-entry ban and period (1, 5 and 10 year ban) but deportation is seperate to those and shows no specified time frame like the others. If you have links that I can check out or a statement that says different please could you provide it for me. Thanks again for your response.
Nikos - 31-Jan-18 @ 10:25 PM
Hi basically I met a nigerian guy 2012 he pretended like he loved me he took my pills of me wanted a baby we had baby. He finished with me.. He only ever been there for child when suits him not even regularly he don't support his child feb last year 2016 he followed me Into dark lane. Snatching my child from hands my babyscream mammy he ends up locking my son in his house and left until I started kicking his door he come back I all police he was hitting me to my hands way from my son also... Then he slapped my son across face reported it with doctors going back in 2014 he so strick my son.... Now basically he took me to court knowing from he having. Home offive trouble. Now he needs to leave UK he have been refusal to stay country so now he is fighting it. He is appealing. I don't kjow what else to next I feel me and my son been very usedalso my son had suoevized visit him but he don't want to go always but need to he crys ans shakes first time second time refuses go In to room he told me he was told play footvall his fathe so he did but he told me he don't want to again he four years old
Rhy - 31-Jan-18 @ 7:48 PM
Hi basically I met a nigerian guy 2012 he pretended like he loved me he took my pills of me wanted a baby we had baby. He finished with me.. He only ever been there for child when suits him not even regularly he don't support his child feb last year 2016 he followed me Into dark lane. Snatching my child from hands my babyscream mammy he ends up locking my son in his house and left until I started kicking his door he come back I all police he was hitting me to my hands way from my son also... Then he slapped my son across face reported it with doctors going back in 2014 he so strick my son.... Now basically he took me to court knowing from he having. Home offive trouble. Now he needs to leave UK he have been refusal to stay country so now he is fighting it. He is appealing. I don't kjow what else to next I feel me and my son been very usedalso my son had suoevized visit him but he don't want to go always but need to he crys ans shakes first time second time refuses go In to room he told me he was told play footvall his fathe so he did but he told me he don't want to again he four years old
Rhy - 31-Jan-18 @ 7:48 PM
I am a woman expecting a child by a man who has been faced with deportation charges and has been detained in London. He has never committed a crime, immigration simply want to remove him because he doesn’t fit any criteria to stay here in the UK. I don’t want to raise my child alone. I’m scared. Do I have any rights?
Liv - 31-Jan-18 @ 7:38 PM
@Nikos - A two year prison sentence and a deportation order mean a 10 year ban from returning to the UK whether or not you are an EU citizen. You will be detained if you try to come before this and an application to revoke the order before 10 years have passed will normally be refused.
TJ. - 31-Jan-18 @ 1:22 PM
Hello, I was wondering if you would be able to help me with a question about deportation order? I am a greek EU national and I was sentenced to 2 years in prison in the uk and given a deportation order, I left volintarily via the the early release scheme and retunred to greece after serving 7 months in prison. They told me in prison my deportation order would last 5 years and I can return, I confirmed this too on the citizens advice bureu but it also says I need to apply for re-entry but I am an eu national so I would not need to apply for a visa and I would not need to apply for revokation of my order because after 5 years there is no deportation. So does that mean I can just enter the uk and everything will be ok or do I need to apply for something and if so what is it? I have read through all of the regulations of the immigration act in regards to deportation and I can not see a straight answer anywhere and solicitors are also unable to answer my question because they all tell me different dates for a deportation period. Please please please could you give me any advice on this, I dont want to enter and be arrested! Many thanks
Nikos - 30-Jan-18 @ 10:04 PM
@Hettie - If your husband has become a British citizen then his citizenship cannot be revoked unless it is in the vital interest of the public or if he acquired the citizenship through fraud.
TJ. - 28-Jan-18 @ 1:22 AM
Please help I married a moroccan 6 years ago.he started committing fraud he took out lots of bank loans and cards drew the money and put it into an account in morocco,he went bankrupt and told the official reciever he wasn't workingbut used a different account to pay his money into and has earned thousands of pounds in am shocked and disguised can i get him out of this country and revoke his passport...it's lots of money he has embesiled
Hettie - 27-Jan-18 @ 8:11 PM
Hi i got a compensation order and a fine fro the court. If i want to apply for settled status as an European union citizen living in UK for 10 years will my application be refused , and if when for how long i have to wait until i have to make an application? thank you
CARLOS - 22-Jan-18 @ 3:45 PM
Im not sure where to ask this but does anyone know with a UK defacto visa - once granted, how soon do you have to arrive in the UK from your non EU country.Is there a time limit?
Laney - 20-Jan-18 @ 4:43 PM
Hello. My boyfriend in the prison in the UK. He get 8 month sentence for burglary. the immigration office can send her home? What gonna happening? what can we They send home and how Long time? How can we start the process?
Nicky666 - 17-Jan-18 @ 12:20 AM
Good evening My boyfriend at the moment in the prison. He get 8 month sentence for burglary. He have the HDC eligibility date. The immigration office can send him home? what do i have to do to send home and how much time do they send home? How is working the process? Thank you so much for the helping
Nicky666 - 17-Jan-18 @ 12:15 AM
Non - Your Question:
If I visit someone in a detention centre for not being legally able to be in the UK what are the implications to me

Our Response:
There are no implications to you, if you are a legal UK resident.
AboutImmigration - 12-Jan-18 @ 12:26 PM
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