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Deportation from the UK

By: Louise Smith, barrister - Updated: 23 Feb 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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Abdelhak - Your Question:
Hello , I'm from Algeria , I have been removed from the U.K. 3 months ago , because I was living illegally, and they sentence me with 12 months , I did only 5 months and and after that they deported me back to my country , I was living with my girlfriend who has a daughter , my girlfriend is Hungarian living in the U.K. For almost 9 years , and I'm still in contact with her and I love her , and she is the same , there is any way to comeback to the U.K. And live again with my girlfriend , thank you

Our Response:
You can see how long you will be banned from the UK for via the gov.uk link here. I'm afraid if you are deported from the UK, then a ban to return is mandatory.
AboutImmigration - 24-Feb-17 @ 10:56 AM
Hello , I'm from Algeria , I have been removed from the U.K. 3 months ago , because I was living illegally, and they sentence me with 12 months , I did only 5 months and and after that they deported me back to my country , I was living with my girlfriend who has a daughter , my girlfriend is Hungarian living in the U.K. For almost 9 years , and I'm still in contact with her and I love her , and she is the same , there is any way to comeback to the U.K. And live again with my girlfriend , thank you
Abdelhak - 23-Feb-17 @ 10:09 AM
Sanam - Your Question:
Hi I'm severely ill Im uk citizen I'm married to Pakistani I do not work out case got refused so he had to sign on but becouse of my illness as I only depended on him he couldn't go to siqn on every time so now they have put him in detention to deport him I'm still fighting for my right for him to stay but we both are worried becouse I can't go Pakistan due tinny health and if he goes by the date they given him ticket I heard he would be band for 10years to come back he can't leave me as I'm suicidal due to depression now I'm stuck I don't now who to turn to I'm not going to let him go or leave me as I live alone with him he cares for me wash bath and sets my medication and remind me to eat what can I do to stop him leaving

Our Response:
I'm afraid only someone with expert knowledge of immigration matters may be able to help answer your question, please see gov.uk link here. However, I'm afraid the Home Office policy is now to deport first and appeal later, which means sending the person who is to be deported home first, so they can deal with their appeal from their home country.
AboutImmigration - 22-Feb-17 @ 10:15 AM
Hi I'm severely ill Im uk citizen I'm married to Pakistani I do not work out case got refused so he had to sign on but becouse of my illness as I only depended on him he couldn't go to siqn on every time so now they have put him in detention to deport him I'm still fighting for my right for him to stay but we both are worried becouse I can't go Pakistan due tinny health and if he goes by the date they given him ticket I heard he would be band for 10years to come back he can't leave me as I'msuicidaldue to depression now I'm stuck I don't now who to turn to I'm not going to let him go or leave me as I live alone with him he cares for me wash bath and sets my medication and remind me to eat what can I do to stop him leaving
Sanam - 21-Feb-17 @ 11:35 AM
My friend was deported from the Uk after it was believed his marriage to a Uk woman was not "real" and was for obtaining a visa. He was deported back to Turkey and has not been back to england for the last 8 years.He now has a daughter in England to his ex girlfriend, he wants to go back and live in the Uk, is there a chance he would be able too??Or would he just be allowed to visit the Uk not live.Any help would be great.
newton - 17-Feb-17 @ 1:20 PM
ScorpioEmpress - Your Question:
My now ex husband had his leave to remain curtailed after leaving the marital home once he got his leave to remain last year 2016 and not being active in our two daughters lives which was the basis of his leave to remain in the UK in the first place. Since he returned to Jamaica we have divorced and he plans on marrying another uk national (who he was haing an affair with) in order to re-enter the uk. He did leave voluntarily at his own expense but at the advise of UKBA. He also had previous reporting conditions to the home office as he had entered the UK illegally and was listed as an over stayer (none of which I knew untill trident officers turned up after we were married). How easy will it be for him to retuen to the UK on the basis of this new relationship or is it likely that his visa wiill be refused under paragraph 320 of the immigration rules considering his previous immigration history.

Our Response:
Your ex's previous immigration history will be considered when he makes a fresh application, as will his re-entry ban and any false information he has at any point provided to the Home Office. The Home Office is attempting to curtail immigration, so where is can it will. However, both he and his new partner will also have to fulfil all the requirements of the spouse visa in order for him to be able to apply in the first place, please see link here.
AboutImmigration - 14-Feb-17 @ 12:24 PM
My now ex husband had his leave to remain curtailed after leaving the marital home once he got his leave to remain last year 2016and not being active in our two daughters lives which was the basis of his leave to remain in the UK in the first place.Since he returned to Jamaica we have divorced and he plans on marrying another uk national (who he was haing an affair with) in order to re-enter the uk.He did leave voluntarily at his own expense but at the advise ofUKBA. He also had previous reporting conditions to the home office as he had entered the UK illegally and was listed as an over stayer (none of which i knew untill trident officers turned up after we were married).How easy will it be for him to retuen to the UK on the basis of this new relationship or is it likely that his visa wiill be refused under paragraph 320 of the immigration rules considering his previous immigration history.
ScorpioEmpress - 13-Feb-17 @ 4:42 PM
I am deaf born UK. My husband used me and took advantage of me by Bigmioag as he got wife and two son in Pakistan. He also been Domestic violence/ Rapes to me. Police is looking for him as he is Wanted. He also pay British Life UK test for indefinitely stay and force me to sign and I was helpless. Please help me and who do I need to speak to? I have send letter to Home Office. I want my husband to Deport bk his country. He had been Jail for Domestic abused on me. And now because of my Honest Base Violence that I have kept myself in dark. I am deaf I need best person to fight my case or its any way for me to speak some one. Help me and advice me. Can revoke indefinitely stay?
SAJ - 11-Feb-17 @ 10:39 AM
My ex husband came to UK and got married to me as an illegal immigrant and once he got the indefinete leave to remain in the uk in 2004 then he started to get very violent towards me and my children especially me throwing shoes and punching and then he bought 3 shops and a minI cab office with his brother salim in Clapham high Street.
sophie - 10-Feb-17 @ 11:11 PM
Hi There, I have a friend who is 19 years old, born in Poland, lived in UK for the past 10 years. He committed a driving offence and was sent to prison for a few months. He was then released on tag and on the last day of his tag he was caught with cannabis (personal use) and sent back to prison. He was then told last week after just 2 weeks in prison, that he would be released early and was due to be released in 2 days time. Then in the last 48 hours he has suddenly been told that someone from immigration has said that he should be deported. He lives in UK with his parents, doesn't have any family members willing to take him on in Poland - is there anything we can do?
Dan - 10-Feb-17 @ 7:32 PM
busybee - Your Question:
I am a british citizen my partner got deported from u.k. back to jamaica almost 4 years ago,after serving 18 months in prison. we have 2 sons together and both have a daughter each from previous relationships. would it be possible for him to come back to the u.k. as are only other option is to move to jamaica so our kids can have a relationship with their father,but this potentially disrupts my daughters relationship with her dad. is there anything we can do? thanks

Our Response:
There is no alternative way your partner can return to the ex outside of the re-entry ban limits, please see link here.
AboutImmigration - 9-Feb-17 @ 11:29 AM
i am a british citizen my partner got deported from u.k. back to jamaica almost 4 years ago,after serving 18 months in prison. we have 2 sons together and both have a daughter each from previous relationships. would it be possible for him to come back to the u.k. as are only other option is to move to jamaica so our kids can have a relationship with their father,but this potentially disrupts my daughters relationship with her dad. is there anything we can do? thanks
busybee - 8-Feb-17 @ 2:40 PM
Ta - Your Question:
Hi, I've been removed from UK 6 months ago. I'm not sure If should use word removed or deported. I've not been in prison or something they just said I over stayed. I used to go to home office for reporting one day they detained me and said my application is refused and I have no right of appeal anymore and I have to leave otherwise they will kick me out I didn't leave so they put me on plan.I have wife in UK. She is British and we got married outside UK we are having baby. She is due for March but I am not going to be there when she need me the most. My wife doesn't earn 18600. She is expecting baby plus she is on carer allowances. And I'm not sure what would they do to my application if I apply to join my family. Need help in this matter please.

Our Response:
I'm afraid it is very difficult to gain re-entry to the UK after a forced removal/deportation. Individuals seeking to come to the UK may be refused entry because they are the subject of a one year, two year, five year, or ten year re-entry ban. Therefore, much depends upon how you left the country, please see gov.uk link here which will explain all you need to know.
AboutImmigration - 8-Feb-17 @ 12:32 PM
@gravy - I don't want to be the bearer of bad news but it will be very difficult for him to return to the UK if he has a prison record :( Jas.
JKL - 8-Feb-17 @ 11:09 AM
Bobby- Your Question:
I have a question my partner is currently serving a prison centre I am a U.K. Citizen and my partner is Indian he was charged with 30 month before this we was living together and have 2 children together we are not married will they deport him when his prison sentence is finish please help???

Our Response:
The Borders and Immigration Agency will inform your partner if he is to be deported at the end of his prison sentence. Currently, the process is automatic deportation if an individual is given a 12-month prison sentence or more. As a rule, prisoners are sent and Immigration Detention Order to say the individual will be detained until they are deported from the UK. You would have to seek legal professional immigration advice to see what your options are.
AboutImmigration - 8-Feb-17 @ 10:39 AM
Hi, I've been removed from UK 6 months ago. I'm not sure If should use word removed or deported. I've not been in prison or something they just said I over stayed. I used to go to home office for reporting one day they detained me and said my application is refused and I have no right of appeal anymore and I have to leave otherwise they will kick me out I didn't leave so they put me on plan. I have wife in UK. She is British and we got married outside UK we are having baby. She is due for March but I am not going to be there when she need me the most. My wife doesn't earn 18600. She is expecting baby plus she is on carer allowances. And I'm not sure what would they do to my application if I apply to join my family. Need help in this matter please.
Ta - 8-Feb-17 @ 1:05 AM
My husband has just started a 2 year sentence in his home country of Jamaica where he was arrested and sentenced whilst visiting. He had indefinite leave to remain and had a UK visa permit. He has ill health and We hAve 4 children together who 2 of them have ill health. Are applications of a returning residence visa the way to bring a family together again and is it possible for him to be successful?
gravy - 7-Feb-17 @ 4:27 PM
I have a question my partner is currently serving a prison centre I am a U.K. Citizen and my partner is Indian he was charged with 30 month before this we was living together and have 2 children together we are not married will they deport him when his prison sentence is finish please help???
Bobby - 7-Feb-17 @ 12:19 PM
olaaaa - Your Question:
My partner applied to stay in the UK in 2014, he was placed in a house with other people who were awaiting result,the decision was made in june/july 2014 that he couldn't stay and he was then taken to detention and removed eventually.at the time I was pregnant and this was not taken into consideration, because of the stress of everything as I am a student nurse and I work placements and I lost the baby at 5 months. The question now is, I am still in contact with him and I am still very much in love with him, I have a uk leave to remain and hope to naturalise soon to get my British passport. if we get married, would he be able to come backthank you

Our Response:
Muich depends upon how he was removed from the country, as to whether he can apply to return. Please see the relevant gov.uk link here.
AboutImmigration - 7-Feb-17 @ 11:45 AM
my partner applied to stay in the UK in 2014,he was placed in a house with other people who were awaiting result,the decision was made in june/july 2014 that he couldn't stay and he was then taken to detention and removed eventually. at the time I was pregnant and this was not taken into consideration, because of the stress of everything as I am a student nurse and I work placements and I lost the baby at 5 months. The question now is, I am still in contact with him and I am still very much in love with him, I have a uk leave to remain and hope to naturalise soon to get my British passport . if we get married, would he be able to come back thank you
olaaaa - 6-Feb-17 @ 3:46 PM
Queen b - Your Question:
My husband visa was curtailed by the home office in 2016 due to deception. Because he used me and my children to get his visa. He is currently applying for another visa though a lawyer. He also has 2 children within my marriage with another female which the home office wasn't aware of on his application in 2013 will he to get another visa or use his outside children to gain indefinite stay or any other type of visa within the UK

Our Response:
We cannot predict whether your husband will be awarded a visa. As a rule, since the introduction of paragraph 320, the Home Office can now refuse a person entry to the UK even if they to return to their home country and re-apply for a visa to enter the UK. This visa can be refused under the basis that they have previously breached UK Immigration laws by having used deception in a (previous) entry clearance, leave to enter or remain application, whether the application was successful or not.
AboutImmigration - 6-Feb-17 @ 2:26 PM
My husband visa was curtailed by the home office in 2016 due to deception. Because he used me and my children to get his visa. He is currently applying for another visa though a lawyer. He also has 2 children within my marriage with another female which the home office wasn't aware of on his application in 2013 will he to get another visa or use his outside children to gain indefinite stay or any other type of visa within the UK
Queen b - 4-Feb-17 @ 9:48 PM
My ex husband came to UK in as an illegal immigrant in 1990 and got married to me in 1997 and used me for a British passport and once he got the indefinete leave to remain in 2004 and then he beaten me and the children very violently especially me all he wanted was British passport and money and now he's got 3 shops and a minI cab office with his brother salim in Clapham high Street please help me get him deported. Because I wasn't told when I was forced to get married to him that he's an illegal immigrant.
safiya laher - 2-Feb-17 @ 11:58 PM
Lee - Your Question:
My friend went to Scotland to get his pay cheque as he resigned, they said he first has to pay the taxes before he can get his pay cheque. He has since been stranded in Scotland, he cannot pay the tax as he has no finance and the place he booked into for the night to collect his pay cheque has allowed him to stay there for the last year until such time as he can pay his taxes and his stay at the hotel. Meantime he still has no way of finding money to do either. He is stuck there with his daughter and the hotel boss is witholding his passport until he can pay so he cannot leave the hotel nor the country. His visa has also expired and is basically illegally in the country.what can he do.what are his rights?

Our Response:
I can only suggest he contacts the police as this living arrangement is not legal (i.e he and his daughter are effectively being held captive). If your friend is working for the hotel owner and not being paid, and is having his passport withheld, then the hotel owner is committing a criminal offence. If this article is similar to your friend's situation, then his employer and the hotel owner should be reported asap, please see link here. Your friend can also get help via the Migrant Help link here. I hope this helps.
AboutImmigration - 1-Feb-17 @ 2:44 PM
My friend went to Scotland to get his pay cheque as he resigned, they said he first has to pay the taxes before he can get his pay cheque. He has since been stranded in Scotland, he cannot pay the tax as he has no finance and the place he booked into for the night to collect his pay cheque has allowed him to stay there for the last year until such time as he can pay his taxes and his stay at the hotel. Meantime he still has no way of finding money to do either. He is stuck there with his daughter and the hotel boss is witholding his passport until he can pay so he cannot leave the hotel nor the country. His visa has also expired and is basically illegally in the country.....what can he do...what are his rights?
Lee - 1-Feb-17 @ 8:05 AM
Angie - Your Question:
My husband who has been a british citizen since 2013 and been in the uk since 2010 was sentenced to 10 months in prison, will he be deported

Our Response:
Automatic deportation occurs if an individual receives a prison sentence of at least 12 months. If an individual does not meet the automatic deportation threshold, consideration must be given to whether deportation should be pursued under the Immigration Act 1971 because it would be conducive to the public good. Therefore, it will be up to the Home Office to decide.
AboutImmigration - 30-Jan-17 @ 12:41 PM
hello, my boy friend has been sentenced for 4 month for fraud, 2month in prison and 2 month bail, he s french nationality European citizen can he be deported to france ??? its his first time having conviction, we have a baby together born in england .
desso - 28-Jan-17 @ 3:59 PM
My name is Suhaib Erekat I lived in the U.K. For 13 years with my family most of my siblings are British citizens I hadindefinite leave to remain I got convicted of an offence that I commented in march 2013 of a robbery I was 18 years old it was a mistake that I regret tell now. I was a lost kid and didn't know what was right from wrong at the time I got sentenced to 30 months do half of the sentence I was meant to get released in 2014 August times but I got datained from August to 2015 February I got released on bail. After 1 year and 7 months I got redatained for 3 months on the 21st of NovemberI got issued with a ticket to get deported but I cancled my ticket 6 days later around 5am in the morning is was a Sunday 6 men came to me and the tuck me to the airport put me on the plane with no passport they had a copy of my passport which was expired. They put me on the plane From Heathrow,Paris to Jordan I've got all my family in England i can hardly cope I feel all alone I can't speak Arabic what so Eva I got my girlfriend in England aswell can I still go back home to my family and my girlfriend in England ?
Suhib - 28-Jan-17 @ 12:42 PM
chris - Your Question:
My brother has bren in prison since june last year hes been given 60mntha class a he has been transfered to bulli gham prison oxfordshire does this mean he will be deported we all came at the same time in 1999 and we got papers to remain in the uk hes previous prison has been in kebt elmley and now they put him in oxford any info would be apriciated

Our Response:
Immigration detention is the practice of holding people who are subject to immigration control in custody, while they either wait for permission to enter the UK or before they are deported or removed from the country. If your brother has committed a criminal offence, it is unlikely he will be given bail, please see link here. If your brother is deported (which is likely if he has committed a criminal offence that has resulted in a jail term for longer than 12 months), he will also be subjected to a mandatory ban to re-enter the country. 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.
AboutImmigration - 27-Jan-17 @ 2:07 PM
My husband who has been a british citizen since 2013 and been in the uk since 2010 was sentenced to 10 months in prison, will he be deported
Angie - 27-Jan-17 @ 12:34 PM
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