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Deportation from the UK

By: Louise Smith, barrister - Updated: 22 Jun 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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My husband got deported from the uk back to st Vincent, we want to go on a family holiday to Spain, will there be any problems him travels??
Sarah - 22-Jun-17 @ 12:21 AM
Hi, I have been in this country legally since 2008. I made application which was refused and was subsequently asked to report at one of the reporting centres. I have been reporting for the past six months. Recently I went to report as required and was given a document saying I am liable for removal. I still have an application pending at the home office and also a divorce process yet to be completed.
Tee - 21-Jun-17 @ 10:11 AM
Chinwe- Your Question:
Please my partner is about to be deported and I've got a baby on the way. Without him the baby will be taken away from me once I put to birth immediately and put up for adoption. My other kids were taken away from me due to my serious health condition and disabilities and I hardly see them. I don't want to loose this baby at all. I've got a very serious health condition and will require help from time to time and if he gets deported all hope of keeping my son will be lost. Please what should I do.?

Our Response:
I can only suggest you speak to an independent immigration adviser via the link here . It is beyond our remit to advise what you can do at this stage due to the complexity of your case.
AboutImmigration - 16-Jun-17 @ 2:39 PM
Janardan goyal - Your Question:
Hi I entered in UK in 2008 as student and then been overstayed, lived there for 8yrs, this year my partner and me got married in registration office. And then my asylum was rejected and been deported to India as because my solicitor didn't work for my marriage application. My British citizen partner is on pension and having health issues as she needs attendant, but she was been refused to get attendance allowance and other way she is not allowed to work. So she doesnt come in 18600 earning requirement to sponsor me to join her in UK and she is unable to travel to India as she is under doctor's orders not to travel.Please advise me to join her in UK as I need to be with her to look after her.

Our Response:
Due to your situation, it is advisable to seek independent immigration guidance to see whether you would be eligible to apply. However, if you and your wife do not fulfil the financial criteria, you would not be allowed to apply on a spouse visa.
AboutImmigration - 15-Jun-17 @ 3:42 PM
Hi I entered in UK in 2008 as student and then been overstayed, lived there for 8yrs, this year my partner and me got married in registration office. And then my asylum was rejected and been deported to India as because my solicitor didn't work for my marriage application. My British citizen partner is on pension and having health issues as she needs attendant, but she was been refused to get attendance allowance and other way she is not allowed to work. So she doesntcome in 18600 earning requirement to sponsor me to join her in UK and she is unable to travel to India as she is under doctor's orders not to travel. Please advise me to join her in UK as I need to be with her to look after her.
Janardan goyal - 15-Jun-17 @ 4:51 AM
DubaiDes - Your Question:
My partner was convicted of a crime and scentenced to 2 years in prison. As a Pakistani national he was deported immediately at the end of his scentence, directly from prison back to pakistan. Whilst awaiting scentencing he married a British citizen with whom he had 2 children. Additionaly his brothers, sisters, father and exte ded family are all in the UK. Still he was deported with a re entry ban of 10 years. It has been 2 years now and he has been battling his appeal to have the deportation order revoked and regain entry to the UK to see his children. Another hearing is coming up soon and I am.tryimg to figure out the likelyhood of him winning as its a very expensive battle to fight. He has limited contact with his children.a tumultuous relationship with their mother who refused to leave UK with him. They are now planning to divorce and even their parental relationship is strained. What is the likleyhood of this deportation/re entry ban being overturned?!?!?!

Our Response:
I'm afraid we cannot predict what the Home Office may decide.
AboutImmigration - 13-Jun-17 @ 2:00 PM
My partner was convicted of a crime and scentenced to 2 years in prison. As a Pakistani national he was deported immediately at the end of his scentence, directly from prison back to pakistan. Whilst awaiting scentencing he married a British citizen with whom he had 2 children. Additionaly his brothers, sisters, father and exte ded family are all in the UK. Still he was deported with a re entry ban of 10 years.It has been 2 years now and he has been battling his appeal to have the deportation order revoked and regain entry to the UK to see his children. Another hearing is coming up soon and I am.tryimg to figure out the likelyhood of him winning as its a very expensive battle to fight.He has limited contact with his children....a tumultuous relationship with their mother who refused to leave UK with him.They are now planning to divorce and even their parental relationship is strained. What is the likleyhood of this deportation/re entry ban being overturned?!?!?!
DubaiDes - 6-Jun-17 @ 11:02 AM
Please my partner is about to be deported and I've got a baby on the way. Without him the baby will be taken away from me once I put to birth immediately and put up for adoption. My other kids were taken away from me due to my serious health condition and disabilities and I hardly see them. I don't want to loose this baby at all. I've got a very serious health condition and will require help from time to time and if he gets deported all hope of keeping my son will be lost. Please what should I do...?
Chinwe - 2-Jun-17 @ 2:09 PM
Hello, I find out there is a Indian man who is prosecute for serial of rape of sexual offence in a workplace. He just got a British passport due to his live and work for certain year. He say his religion allow him to commit more online or off line sexual crime without trouble. He threaten to kill someone if tell police. I knew he already had record in police. Does it able to report him and ban him come to this country to spread disease and harm women on the street.
Ann - 31-May-17 @ 9:41 AM
hello my friend had a deport from uk,2016 and he come back to uk 2017 and border officer arrested him. how long does it takes for deportation process? any chance he will have mobile phone inside immigration detention centre?
alio - 27-May-17 @ 7:02 PM
jose - Your Question:
I have been deported or refused to enter to the united kingdom for the pass 15 years.DO I still need to apply a entrance visa as a visitor?How long my blacklist will be clear?Please advise

Our Response:
It is at the discretion of the Secretary of State. You will still have to apply for a visa.
AboutImmigration - 22-May-17 @ 2:16 PM
i have been deported or refused to enter to the united kingdom for the pass 15 years. DO i still need to apply a entrance visa as a visitor? How long my blacklist will be clear? Please advise
jose - 22-May-17 @ 8:55 AM
Hello there, My boyfriend was deported from europe (the schengen area) last yearbecause he had overstayed in europe and he asked for asylum multiple times but was unsuccessful so now i want to travel to his country which is a non eu country to get married to him and so we can ask for his visa from my embassy in his country. He is a good person and i have known him for 2 years now but unfortunately when we had met he was already illegal in my country. When he was deported he could have been given a ban to reenter my country. So i want to find out, would us getting married in his country cancel that and enable him to obtain a spouse visa ?? Please help me cause i love him so much and unlike these other relationship issues i have been reading about he is not like that. He has no criminal record and he tried to legalise himself by seeking assylum 3 times but was unsuccessful. He introduced me to his familyand me to mine but then all that happened when he was already illegal. So could us getting married change that ???
Chelsea26 - 15-May-17 @ 7:49 PM
Hello,I came into the UK after getting married to my husband who was on tier1 visa in 2011. In 2013 we applied for an entrepreneurial visa which was denied with a right to appeal. While still in the process of appeal,we put in another application which was denied on the grounds that we applied after our visa had expired.We have done everything possible to make the Home Office understand that we never applied late but nothing seems to be coming forth.Along the line the Home a Office sent a letter to my husband's place of work that he has been granted a visa that stops him from been an employee. Till date we have not gotten that approval letter. We tried to get back to Home Office but they said nothing like that occurred. I have evidence of that letter from my husband's place of work. To worsen matters we had a fire accident at our home,the fire from a neighbor flat affected our flat,to get us into a new flat the letting agent demanded for our passports. We asked them to contact the Home Office to our dismay,the Home Office told them we are not eligible to stay in the UK. We have two children that were born in the UK. We have no Home of our own,we get no support from the government in any form.Am not keen about any assistance I just want the Home Office to look into this issue again and grant us what we applied for. We put in the first application when my first daughter was four months old now she is approaching her fifth birthday.zIt has not been easy surviving with these kids. P,ease I implore whoever is reading this to help tell me the way forward.
SamAnn - 12-May-17 @ 8:23 AM
He from Nigeria. We never married. I got daughter who has sickle cell disease and autism.She is 3 year old.He angry that my daughter's birth certificate is no name father because he use me and my daughter for stay UK but he never support or pay to my child cos my child is disabled. I am Deaf as we never communicate as he use me up for sex to get pregnant because he want stay but now he take me to court for Oder access see my daughter and birth certificate so he can stay but he not help me everything. His visa passport was ran out on 2013 and he was hide stay in London while he take me Court. I need know if he have a British passport or not? He must go back to Nigeria because he not interest in my daughter any more as he just want stay U.K. To get British passport. Please help me. He aggressively because he want my baby's birth certificate mean he allow stay uk but I was disagree as he never support my child and push me to get sex. He is not safe with other women to get pregnant so he think he can stay UK.
Coolwick - 11-May-17 @ 6:26 AM
@Jutaxs - if you've been deported already, you won't be allowed back into GB.
Max - 10-May-17 @ 1:36 PM
Mamia - Your Question:
My husband and I separated one year into his spousal visa. I have never informed the home office of this and I believe that he has made his application after the end of his 2.5 years,on the premise that we are still together, and has used my address for his application, to give the appearance that he still lives in the marital home. What can be done at this point?

Our Response:
You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship - please see gov.uk link here.
AboutImmigration - 9-May-17 @ 1:44 PM
@tracy - information is shared between countries. The person could try but they would more than likely be refused. US is hot on passport control.
Jazz - 9-May-17 @ 1:37 PM
My husband and I separated one year into his spousal visa. I have never informed the home office of this and I believe that he has made his application after the end of his 2.5 years,on the premise that we are still together, and has used my address for his application, to give the appearance that he still lives in themarital home. What can be done at this point?
Mamia - 8-May-17 @ 11:35 PM
If someone was deported from the UK for drug charges in 2005 can they apply for a visa using an invitation letter to travel to the US?
tracy - 8-May-17 @ 11:07 PM
LDN1 - Your Question:
Can I apply for my husband to be deported from the UK back to Jamaica? I did his family settlement visa and he now has leave to remain and he has now abandoned me and our children. He was physically and verbally abusive to me during our marriage, very controlling and manipulative. He now lives with another woman and her children and he does not contact or see his children. He does not pay child maintenance and he has stopped working. He came back to our home and smashed the kitchen window, he was arrested but the police say there is not enough evidence (his word against mine) and so the case did not make it to court. Both he and the woman he lives with have come round to my house and have threatened me over the phone.I would like to know if he can be deported as he has violated the terms of his settlement (as it was a spouse visa and he is no longer with me and he also entered the UK under the agreement that he wanted to be with his family but he has literally abandoned his children) and I no longer feel safe knowing he can come to my home and be violent at any point. I have been told by the local council and police that I will not be rehoused on these grounds and I do not earn enough money to rent privately. Thank you so much.

Our Response:
Once your husband has ILR his status is unaffected by your relationship.
AboutImmigration - 8-May-17 @ 12:29 PM
Can I apply for my husband to be deported from the UK back to Jamaica? I did his family settlement visa and he now has leave to remain and he has now abandoned me and our children. He was physically and verbally abusive to me during our marriage, very controlling and manipulative. He now lives with another woman and her children and he does not contact or see his children. He does not pay child maintenance and he has stopped working. He came back to our home and smashed the kitchen window, he was arrested but the police say there is not enough evidence (his word against mine) and so the case did not make it to court. Both he and the woman he lives with have come round to my house and have threatened me over the phone. I would like to know if he can be deported as he has violated the terms of his settlement (as it was a spouse visa and he is no longer with me and he also entered the UK under the agreement that he wanted to be with his family but he has literally abandoned his children) and I no longer feel safe knowing he can come to my home and be violent at any point. I have been told by the local council and police that I will not be rehoused on these grounds and I do not earn enough money to rent privately. Thank you so much.
LDN1 - 7-May-17 @ 1:04 PM
If i've been deported from uk can i stay in northern ireland?
Jutaxs - 6-May-17 @ 6:47 PM
Hi, my partner and I have two children his been sentenced to 8 years in prison, he has leave to remain papers I just wanted to know if he will face deposition after his sentence?
Lily - 5-May-17 @ 11:24 PM
Steph - Your Question:
Hi,I am married to an Albanian citizen and he is currently in prison on remand and his court date coming up soon.we are married and have a 9 year old.we don't know if he will be deported back!!! I was born in london and have a Spanish passport through my father.i have lived my whole life in the United Kingdom so not sure where that leaves us?will he be deported back to Albania or can he remain in the U.K. Because of me and his daughter ???

Our Response:
Automatic deportation applies where a person who is not a British citizen has been convicted of a criminal offence in the UK and is sentenced to imprisonment for a period of 12 months or more. If you have you lived in the UK all your life, then it will be your choice to apply to move with your husband or stay in the UK (if the judge sentences him to over 12 months).
AboutImmigration - 5-May-17 @ 2:03 PM
Hi,I am married to an Albanian citizen and he is currently in prison on remand and his court date coming up soon.we are married and have a 9 year old.we don't know if he will be deported back!!! I was born in london and have a Spanish passport through my father.i have lived my whole life in the United Kingdom so not sure where that leaves us?will he be deported back to Albania or can he remain in the U.K. Because of me and his daughter ???
Steph - 4-May-17 @ 7:55 PM
Olradce - Your Question:
Hello, I have been deported from UK on 2015, after that I get married. And now I have my husbands surname. We want to go to the UK for holiday and visit our friends. But I'm not sure if I can go to UK, or if I have different surname maybe there is chance that I can go for holiday. My husband didn't know that I been deported and I really don't want to tell him that.

Our Response:
It is very difficult to gain re-entry to the UK after a forced removal/deportation. The immigration rules include general grounds for refusing to allow anyone to enter, and re-entry bans are applied to certain categories of people who breached immigration law in certain ways in a previous attempt to enter or stay in the UK, please see link here .
AboutImmigration - 4-May-17 @ 2:17 PM
Hello, I have been deported from UK on 2015, after that I get married. And now I have my husbands surname. We want to go to the UKfor holiday and visit our friends. But I'm not sure if I can go to UK, or if I have different surname maybe there is chance that I can go for holiday. My husband didn't know that I been deported and I really don't want to tell him that.
Olradce - 4-May-17 @ 12:52 AM
Hello.What will happen to a child 14 years old who come from Tunisia London UK with school in holiday and he intend to escape to remainpermanently in UK notice that his parents in Tunisia will not bother them in hope he will found better life in UK. He intend to go thepolice station and explain that he dont want to come back to Tunisia due to domestic violence and can not complain in such country. Please provide us with any idea (procedure) what will happen after talk to the police in London Thanks HAMM
hamm - 3-May-17 @ 8:14 PM
i am in uk. can i switch to student visa or parent visa? after court access
riz - 3-May-17 @ 3:26 PM
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