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Deportation from the UK

By: Louise Smith, barrister - Updated: 15 Aug 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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My brother is rsedneant of uk . After lot of hard life he broth his wife from mother country to stay with him with 11 years boy . He found she did chitchat on him and also pergnenet with other man . She is about 2 months in uk . Do he can ask for send her back ? Thanks SARA.
Sara - 15-Aug-18 @ 12:27 AM
My boyfriend got deported this year when I am 5 month pregnant with his child I’ve taken his other son to see him since and we decided to get married. We really want him home fir the birth of our other child. When he was deported it happenswithout his passport or anything.. advise please ------------------------------------------------------------------------------------------------------------------ As i understand and i am also in a same boat. The only way deportation Order is revoked if you can prove that there are material change in your husband's immigration case means, if he is deported after serving a sentence, if he can prove he is no longer the risk to public (low risk of re-offending and low risk of serious harm), only probation managers and Psychiatrist (risk assessment) can do that. once your solicitor can get these reports and apply to home office. they will refuse it but either give appeal of right or not. if appeal of right is not given, then you will have to apply for JR. once appeal of right is given and for the hearing in front of first tier judge, your husband will be given permission to enter to give oral hearing and hence the case will get started. thats the only way to revoke a deportation order before it run to its core
stressed out - 11-Aug-18 @ 3:49 PM
My boyfriend got deported this year when I am 5 month pregnant with his child I’ve taken his other son to see him since and we decided to get married. We really want him home fir the birth of our other child. When he was deported it happenswithout his passport or anything.. advise please ------------------------------------------------------------------------------------------------------------------ As i understand and i am also in a same boat. The only way deportation Order is revoked if you can prove that there are material change in your husband's immigration case means, if he is deported after serving a sentence, if he can prove he is no longer the risk to public (low risk of re-offending and low risk of serious harm), only probation managers and Psychiatrist (risk assessment) can do that. once your solicitor can get these reports and apply to home office. they will refuse it but either give appeal of right or not. if appeal of right is not given, then you will have to apply for JR. once appeal of right is given and for the hearing in front of first tier judge, your husband will be given permission to enter to give oral hearing and hence the case will get started. thats the only way to revoke a deportation order before it run to its core
stressed out - 11-Aug-18 @ 11:34 AM
@stressed out - You are banned FOR LIFE if you have been deported from the UK after being sentenced to 4 years
TJ. - 11-Aug-18 @ 11:08 AM
stressed out - Your Question: HELLO- I HAVE BEEN DEPORTED FROM UK AFTER SERVING 4 YEARS SENTENCE. I AM AN EU NATIONAL AND THE REASON OF DEPORTATION IS "HIGH RISK". I HAVE ACQUIRED A PERMANENT RESIDENCE MEANS, HOME OFFICE HAVE TO SEE "SERIOUS GROUNDS" FOR DEPORTATION. JUST BEFORE DEPORTATION, PROBATION CONFIRMED I AM LOW RISK AND PSYCHIATRIST DID MY RISK ASSESSMENT AND FOUND ME TO BE LOW RISK. - HOME OFFICE REFUSED TO CONSIDER THESE REPORTS AND SAID, TO SEND THESE REPORTS FROM MY HOME COUNTRY. I GOT DEPORTED AND NOW I AM SEEKING TO APPLY TO HOME OFFICE TO CONSIDER THESE REPORTS. PLEASE HELP ME WITH THE THOROUGH PROCEDURE NOW?SECONDLY, ANY IMPORTATION IF ANYONE HAS YET WON HIS APPEAL SIMILAR TO LIKE MY CASE? Our Response: If you have served a prison sentence, then the re-entry ban is subject to a minimum mandatory time of 10 years. After which the Home Office has the power to give a discretionary refusal of entry clearance. AboutImmigration - 10-Aug-18 @ 1:59 PM ------------------------------------------------------------------------------------------------------------ i understand what you are saying, but my situation is different, Home Office should have read my reports and then make a decision. They simply refused considering my report andsaid to submit them outside UK. I understand, Home Office will still refuse my submission hence i will have to go through either judicial review if right of appeal is not given and if right of appeal given then first tier tribunal to show i am not a high risk etc. my question is, anyone got any information of cases like mine where person is deported and they appeal from outside the country. I cant seems to find tribunal cases of this nature.
stressed out - 11-Aug-18 @ 10:12 AM
@stressed out - If you were deported after serving 4 years in prison, you are banned FOR LIFE from returning to the UK
TJ. - 10-Aug-18 @ 7:23 PM
stressed out - Your Question:
HELLO- I HAVE BEEN DEPORTED FROM UK AFTER SERVING 4 YEARS SENTENCE. I AM AN EU NATIONAL AND THE REASON OF DEPORTATION IS "HIGH RISK". I HAVE ACQUIRED A PERMANENT RESIDENCE MEANS, HOME OFFICE HAVE TO SEE "SERIOUS GROUNDS" FOR DEPORTATION. JUST BEFORE DEPORTATION, PROBATION CONFIRMED I AM LOW RISK AND PSYCHIATRIST DID MY RISK ASSESSMENT AND FOUND ME TO BE LOW RISK. - HOME OFFICE REFUSED TO CONSIDER THESE REPORTS AND SAID, TO SEND THESE REPORTS FROM MY HOME COUNTRY. I GOT DEPORTED AND NOW I AM SEEKING TO APPLY TO HOME OFFICE TO CONSIDER THESE REPORTS. PLEASE HELP ME WITH THE THOROUGH PROCEDURE NOW?SECONDLY, ANY IMPORTATION IF ANYONE HAS YET WON HIS APPEAL SIMILAR TO LIKE MY CASE?

Our Response:
If you have served a prison sentence, then the re-entry ban is subject to a minimum mandatory time of 10 years. After which the Home Office has the power to give a discretionary refusal of entry clearance.
AboutImmigration - 10-Aug-18 @ 1:59 PM
He is my husband and he was taken illegally died thst still make no difference
Lucy13wells - 10-Aug-18 @ 1:56 PM
HELLO- I HAVE BEEN DEPORTED FROM UK AFTER SERVING 4 YEARS SENTENCE. I AM AN EU NATIONAL AND THE REASON OF DEPORTATION IS "HIGH RISK". I HAVE ACQUIRED A PERMANENT RESIDENCE MEANS, HOME OFFICE HAVE TO SEE "SERIOUS GROUNDS" FOR DEPORTATION. JUST BEFORE DEPORTATION, PROBATION CONFIRMED I AM LOW RISK AND PSYCHIATRIST DID MY RISK ASSESSMENT AND FOUND ME TO BE LOW RISK. - HOME OFFICE REFUSED TO CONSIDER THESE REPORTS AND SAID, TO SEND THESE REPORTS FROM MY HOME COUNTRY. I GOT DEPORTED AND NOW I AM SEEKING TO APPLY TO HOME OFFICE TO CONSIDER THESE REPORTS. PLEASE HELP ME WITH THE THOROUGH PROCEDURE NOW? SECONDLY,ANY IMPORTATION IF ANYONE HAS YET WON HIS APPEAL SIMILAR TO LIKE MY CASE?
stressed out - 10-Aug-18 @ 11:14 AM
@Lucy13well - Your boyfriend cannot return to the UK until the deportation order is removed. Deportation orders are valid for at least 10 years as a minimum.
TJ. - 10-Aug-18 @ 11:10 AM
My boyfriend got deported this year when I am 5 month pregnant with his child I’ve taken his other son to see him since and we decided to get married. We really want him home fir the birth of our other child. When he was deported it happenswithout his passport or anything.. advise please
Lucy13well - 10-Aug-18 @ 12:46 AM
@Ishy - If a deportation order was made against you then you are banned from returning to the UK for a mandatory 10 years at the minimum.
TJ. - 8-Aug-18 @ 9:17 AM
I got deported from the uk 1 year ago I am working now in the Netherlands the country I got. Deported but my family stil remain in the uk I would like to no could I go see ma family / frends but just like a holiday not to stay I have also lived in the uk 14 years I have worked there but I miss my family aloth
Ishy - 8-Aug-18 @ 1:19 AM
Hi, my husband received the sentence of 2 years and 2 months and he already was in prison for 7 months. He is illegal in UK. We wanted he to be deported as soon as possible. What we have to do and how long take the all process to removal from UK? Please, if someone can help me! Thanks!
MaxiDesi - 6-Aug-18 @ 5:36 PM
TC - Your Question:
I was deported from the uk in 2010, after receiving 2y sentence, one year in prison and one year probation, it was a the end of sentence I was given a deportation order by the uk border agence about a month are two, I've got wife and two children at the time my youngest 7 oldest 11, no one is perfect I've made my mistake, but I believe that every one deserve second chance, I have a indefinite stay i've being the uk for 18, 19 years I've not been to jamaica for 15 years, the day of my sentence the judge didn't said I'm to be deported, I'm at the end of the 10 years they given me, CAN I COME BACK TO BE WITH MY FAMILY, may god smile on us today and take good care of us all, PEACE.

Our Response:
If your ban has ceased. The length of time for which refusal will remain appropriate will depend on the date and length of sentence imposed, and your character, conduct or associations. The Home Office will make a decision respectively on application.
AboutImmigration - 6-Aug-18 @ 3:01 PM
I was deported from the uk in 2010, after receiving 2y sentence, one year in prison and one year probation, it was a the end of sentence i was given a deportation order by the uk border agence about a month are two, I've got wife and two children at the time my youngest 7 oldest 11, no one is perfect I've made my mistake, but i believe that every one deserve second chance, I have a indefinite stay i've being the uk for 18, 19 years I've not been to jamaica for 15 years, the day ofmy sentence the judge didn't said i'm to be deported, i'm at the end of the 10 years they given me, CAN I COME BACK TO BE WITH MY FAMILY, may god smile on us today and take good care of us all, PEACE.
TC - 5-Aug-18 @ 7:26 PM
Hi, my husband received the sentence of 2 years and 2 months and he already was in prison for 7 months. He is illegal in UK. We wanted he to be deported as soon as possible. When can happen this?
DariMax - 3-Aug-18 @ 7:15 AM
B - Your Question:
Hello! If a person had been deported from UK in 2006 (after being imprisoned from september 2005 to may 2006 for using a false instrument) can that person return to UK? I mention that the person has a deportation order dated from may 2006 and when wanted to enter UK in july 2016 the Police from Callais did not allow it because of the deportation order. What is he pocedure to appeal outside UK and can the person appeal after all this time? Thank you!

Our Response:
Any individual who has served a prison sentence is awarded a mandatory (10 year) or discretionary refusal of entry clearance and leave to enter or remain. 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.
AboutImmigration - 2-Aug-18 @ 1:59 PM
I was deported 10 years ago for a crime I never committed even though I was exempted from deportation due to living in uk for 7 years prior to alleged offense how do I go about applying to come back and is there anyway I can query this exemption, if so is there any compensation I can get regarding wrongfully deported
Wayno - 1-Aug-18 @ 5:03 PM
Hello! If a person had been deported from UK in 2006 (after being imprisoned from september 2005 to may 2006 for using a false instrument) can that person return to UK? I mention that the person has a deportation order dated from may 2006 and when wanted to enter UK in july 2016 the Police from Callais did not allow it because of the deportation order. What is he pocedure to appeal outside UK and can the person appeal after all this time? Thank you!
B - 31-Jul-18 @ 10:38 PM
@TJ Are there incidents that decision under paragraph 320(7b) because of deception might be lifted because of the applicant is having a legit work offer in uk? Thank you in advance.
Joy - 31-Jul-18 @ 6:27 PM
@Joy - You will have to wait until the period 9f the ban passes before you apply. When you do apply, your previous deportation will influence the decision that is made.
TJ. - 29-Jul-18 @ 7:44 PM
Please advise. I was administratively removed in uk last 2009 because I'm unable to produce documents from my previous school which the immigration approved my application for a student visa. It happend that my aunt got another school because she said that my previous school will be going to close soon so she throws my certificate of admission. During the time when I was already in the Heathrow, they hold and detained me because I was unable to provide them the documents of my first school.After 1 week in the detention center, I decided to go home voluntarily. But after 1 month I decided to apply again but I was rejected and the decision letter stated that I had 10years ban. My question is: can I enter uk now if I have a job offer and decided to work in uk?. Thank you
Joy - 29-Jul-18 @ 1:36 PM
@riri - he has an automatic 10 year ban from returning to the UK. If he applies for a visa to return to the UK after the ban his previous status of living under care will not be considered
TJ. - 29-Jul-18 @ 1:00 PM
my friend was deported 5 years ago after a 3 year prison sentance. he was part of the care system when he came to this country from a young age and lived in supported living. he was deported when he was 20. does he have any grounds of being able to come back as he was under government care when he was younger????
riri - 29-Jul-18 @ 12:01 AM
@Shuman - The ban starts from the time of your deportation
TJ. - 20-Jul-18 @ 10:20 PM
I am a Bangladeshi national , I was deported from the uk with a ten years ban... My question is.... Does the ban start after I was deported or when my prison term finished????
Shuman - 20-Jul-18 @ 7:16 PM
@LUIS - you can try by applying through the usual channels - but it doesn't mean the Home Office will allow you to return. The Home Office can say yes or no. The HO said no to my OH.
JN - 28-Jun-18 @ 3:15 PM
hello. I was deported from the UK back to Portugal in 2016 after serving 3 years in prison. I was told I can apply to enter the UK again after 10 years.. how do I go about doing this?
LUIS - 26-Jun-18 @ 3:09 PM
In addition to my question, Both my daughter and I are now British citizensplease advise. Kind regards
Joy - 25-Jun-18 @ 6:51 PM
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