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Deportation from the UK

By: Louise Smith, barrister - Updated: 4 Jan 2021 | 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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Hello my 20 years old son received a letter saying he will get deported. His released date is supposed to be tomorrow but no one said when its going to happen. He just know he will not be released. Is there anything we can do to change that decision as he has a 11 months baby he has never seen.
V - 23-Jul-20 @ 6:02 PM
Hi, me and my partner want to get married and we have been told that if I get married with him I could get deported if I dont reapply for 5 year residency or citizenship. We have 1 kid and one on the way and they are both British, is it true that I can get deported if I do get married?
Danny - 28-Jun-20 @ 8:34 PM
Hi, my partner has been in prison 2 months and after the Suspended sentence was 12 months PSS... we wold like to go back to our home country and never come back to UK, but we don’t know where we should ask for a help.
Reg - 11-Mar-20 @ 8:13 PM
Hi, my partner got deported 5years ago for a crime. Now we are both married and has a baby for me in her home country. Pls how can i bring her and the baby back to live with me in the UK.
Damisa - 14-Feb-20 @ 12:29 AM
Hi, my partner got deported 5years ago for a crime. Now we are both married and has a baby for me in her home country. Pls how can i bring her and the baby back to live withthe UK.
Damisa - 14-Feb-20 @ 12:27 AM
Hi, my brother lived most his live in the uk and been convicted for drug offences.he has recently received a letter from home office that he could get deported but decision hasn’t been made still waiting on his court day but his released date has been passed but we don’t know what’s happening can you help us please
Shai - 25-Jan-20 @ 4:30 AM
Is it possible to deport a partner back to their country if they have been living in the UK for the past 19 years and stillholds an Indian passport!! Due to marriage failure!!
Harvey - 21-Nov-19 @ 9:10 PM
Hi, my son lived most his live in the uk and been convicted for drug offences.home office made decision to deport him indefinitely. Is there any chance to revoke that decision.
Indonezija - 29-Sep-19 @ 1:16 PM
Hi Dear I went removed from the U.K 5 years ago using state funds for the overstayed UK, now I've got a job offer to work at Carnival U.K. I'm wondering if would I be a ban to reentry in the U.K ... Its already passed 5 years. thanks very much!
Nader Bahmad - 24-Sep-19 @ 12:24 PM
Hi my friend took deportation to get released 9 months earlier after a 30 month sentence for drug offences can he return occasionally to see his mum who’s resident here Thank you
Gr - 5-Jul-19 @ 8:13 AM
Hello my son get deported to Paris .have no family in France .have kids citizen British and live in UK all his life. He do troubles he have 21 he have 27 now .he try battle his case here. But home office deported him second time . my question is can he continued battle his case or can he come back ? He have chance come back . what can he do for do claim to the home office in Paris .thank you yours sincerely
Ali - 29-May-19 @ 11:28 AM
Hi I have a friend who is going to be deported back and he has a 6 year old son and he’s trying to find documents that proves his family are and was British, his son was born in Britain and his ex is from Germany but she is not well enough to look after their son and if he gets sent back and she passes away the boy will end up In care which is not right or fair what can I do to help. Thanks
Welshgirl - 16-Apr-19 @ 12:01 PM
Please could you let me know the best way to try an get my husband visa access bk into the UK , he has served a deportation for drugs offences some 13 years ago an we would as a family just like for him to be able to visit us we have been married 5 years an he is definitely a changed person I just don’t know how to go about all of this .
Tia - 6-Apr-19 @ 4:23 PM
Hi, i am a woman age 23 with a 2year old girl ( UK passport holder) my marriage has broken down, i have not passed the life in the uk test, i have no FLR, i have left my husband and am hiding in the UK, if i get caught, will i be removed from the UK, who would get custody of our daughter, she is a UK citizen Thanks Advice required
Jona - 16-Mar-19 @ 9:52 PM
A young man of 18, born in usa, lived there til he was 2 years old , moved to holland til around 5 or 6 years old, got a dutch id card then settled in uk with family,completed his educationhere , has all family and friends here and is now in prison for 1st offence off aggravated burglary and abh. He was convicted at 17. He is notviolent person is very kind and calm jist made a terrible mistake ehich he deeply regrets. Been told they want to take him from his family and move him to USAwhere he has no recollection of ever living,no family, no support system, no place to go. He is terrified.He has his life here and needs his family and support. What can he do please?
Missy - 14-Mar-19 @ 6:45 AM
Hi my ex husband had got 5 years visa for eu but I want him to get deported because he is being a threat to me whilst living here what can I do how can I get him deported after my divorce can anyone help me please Thanks Shugs
Shugs - 11-Mar-19 @ 2:03 PM
@Jodie - Your friend is free to apply for a visitor visa to the UK however the circumstances surrounding his previous deportation from the UK will definitely be considered in his application.
TJ. - 4-Feb-19 @ 2:36 PM
A friend has been deported from the uk and wishes to return to visit his family here. He has done his 10 year ban and wonders if he can now visit for holidays?
Jodie - 31-Jan-19 @ 3:49 PM
Hi, My Husband was deported to Jamaica in 2009 after serving a 42 month prison sentence, he was detained in detention then released after 8 months, spent 2 years out whilst reporting weekly to sign on and was eventually redetained and deported. We have been married 15 years have 3 Children aged between 15 & 2 years myself and the children are all British nationals and have always resided in the UK with all immediate family here too. His deportation order is now expired and I want to apply for him to return to the UK to settle permanently. He has no further convictions only the one which he was sentenced to 14 years ago. Will he be able to return?
Car - 9-Jan-19 @ 9:29 PM
Hi I’ve got my husband who is in prison who was charged for a fake driving license so the judge sentenced him with 9 month prison so half of it that is four and a half month I just want to know if he will be deported after his sentence because he is an overstayed and we have a baby who is born in uk 9 month ago aand he is a family man I depend everything on him and my kids needs their dad I’ve got a 10 years old son as well
Ji - 1-Jan-19 @ 9:57 PM
My brother went to jail for 14 months then at the end of his sentence he was placed in a detention center. He then got out on bail.2 months ago he went to report at immigration then they took him back to a detention centre. Today he was deported, he has a 7 year old and a baby due to be born in the next weeks. He’s left his family, friends and gf to go back to the USA. What are his chances of coming back or is there anything we can do?
nicolexx - 22-Dec-18 @ 3:40 PM
Can you please tell me haw is the best way and who do I have to contact to find out if my husband hes been banned of entering in Uk. Thank you.
Ella - 10-Dec-18 @ 12:31 AM
My husband was sentenced to 12 weeks in prison for assault.In May 2018 he got British citizenship, he has also European passport. Can he be deported?
Br - 9-Dec-18 @ 2:11 PM
What happens if someone returns to the UK. After being deported only a year ago
Black panther - 4-Nov-18 @ 5:42 AM
my application refused for Tier 4 student because of not submitted English language certificate on time and no gave appeal chance. I went JR and refused that. then I decided to go back my country. I mailed homeoffice for my passport and documents then they said book ticket send us by mail. I send them and they said I can pick my documents at airport. I picked my documents and went by voluntary. how many years I banned?
Santhosh - 27-Oct-18 @ 5:03 PM
@Advice - If he is caught trying to mislead the Home Office he will be banned from the UK for a further 10 years.
TJ. - 25-Oct-18 @ 7:22 AM
Hey, my husband got deported from uk back in june 2009, so by june 2019 his 10years ban will be lifted, he been send back to Sri lanka and now he is in India and got Indian citizenship / passport etc.. Now we been married for past 1yr & 8months i got my Indefinite leave. My question is can he apply as a indian?? will his data like fingerprints will still be in the system ??? does he have to mention this previous incidents in application form???could you please advice me on this we both are very confused and dont have a clue what to do. Thanks in advance
Advice - 25-Oct-18 @ 12:35 AM
@worried - Unfortunately people with Indefinite Leave to Remain in the UK can be deported if they commit criminal offences. Your son should've applied for British citizenship as soon as he had the chance.
TJ. - 24-Oct-18 @ 7:28 PM
My son is 21. he has been in the country since he was 1. was arrested and didnt do communty service so was given 18months sentence. Now he has been served with deportation order. He has residence permit( indefinite leave to remain) has been out the country only once when he was 8 for two weeks. All family is here in the UK, he has a daughter here who he saw every week before he was sent down. what can we do to help him and what are the chances of him being sent to a country he doesnt know with no family. i am a british citizen
worried - 23-Oct-18 @ 9:46 PM
Hi my brother was deported in 2008 after spending 2 years of a 4 years sentence for possession of a class C drug. What are his changes of coming back to the UK?
Pnice - 17-Oct-18 @ 7:58 PM
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