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Deportation from the UK

By: Louise Smith, barrister - Updated: 17 Oct 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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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
I am domestic violence victim who got married to my ex husband from Pakistan I am a British citizen. Only because of me he came into the uk and got his indefinite visa I am now divorced and have 3 children with him which he has never bothered with he is a Pakistani national and living in uk free not paying tax and breaking the law by selling drugs I want your help please contact me 07865655827
Zainab - 17-Oct-18 @ 5:06 PM
@Zana - Your friend cannot return to the UK until her deportation order is lifted. A deportation order cannot be lifted until a minimum of 10 years has passed since deportation
TJ. - 12-Oct-18 @ 12:11 PM
Hi just wanted found outmy friend was deported from uk 5 years ago she didn't understand English and not sure for how long she was deported.But today she wants come back she have family in uk.What she need to do? Applay for comingto uk or just come back? Thanks
Zana - 11-Oct-18 @ 5:14 PM
My daughter is a runner citizen who was arrested in 2008 and served 2years 9months released 0ct 2010 and voluntarily sent to Portugal after her release....all her family live and work here in the UK....will she be able to enter the UK now as she has no support system or family there and has a mental illness bipolar
Tully - 10-Oct-18 @ 6:44 PM
Hello, my husband now is waiting for deportation. He has a deportation order and also signed annex from Governor. From immigration service, they told him that have to wait just for flight ticket. How long more we have to wait until he receive a ticket for flight? How long take to deport him after all documents are ready? Thank you!
MaxiDesi - 10-Oct-18 @ 4:52 PM
hello i need help i got deportation order say that you convicted 10 out 8 conviction. is a error on my deportation because i did not do that crime.only one frudelant identity.and i been sentence for 11 month.if i tell home office about it will any changing happened and still they deported me.what should i do. i have evindence that i did not do that prevoius crime. please help me with that thanks.
sam - 6-Oct-18 @ 8:25 PM
hi i m in detention now.after been sentenced for 11 month.i got deportation order now.they will arranging my travel document.i just like know once i deported can i apply for come back to marry with british citizen in india.
sam - 5-Oct-18 @ 2:57 PM
Hello, Trying to find out if here is a risk of deportation for my parents. I brought them over to the UK on Adult dependent visa and I was the sponsor. NOw both of them have their ILRs. Since then I lost the ability to support them financially (long term illness) so I was thinking about applying for pension credit for them. We are worried that because we apply for this benefit before they got their Uk passports, they will breach their visa conditions and will be deported back to Russia. Does anyone have any opinion on that please?
TC - 2-Oct-18 @ 5:57 PM
Hi i just to know that can a deported person come to uk after getting with a uk national ?!
Wiki - 28-Sep-18 @ 11:34 PM
Hello, I was deported from the UK in 2002 for working more than 19 hours as a student. it is 16 years now since i got deported. I want to return but i want to know if i stand any chance. Thanks.
Bolton - 28-Sep-18 @ 5:06 PM
Hi m in this country since 2011 without visa and I m going to reporting Center since last two years I have five years old child born in uk my wife also have no any documents and we r from India if it possible home Office deport me if yes yes how long and what is the procedure of this
Jassi - 23-Sep-18 @ 7:25 AM
@Help - Anyone issued with a deportation order after being sentenced to 4 years or more in prison is banned from the UK for LIFE. Your brother can never return to the UK
TJ. - 3-Sep-18 @ 12:50 PM
Hi My brother was voluntarily deported a few years ago from prison after serving a 10 and half year sentence. He has been abroad for 2 years now. He never received any form of documentation stating a ban. How do I find out if he has a ban and if he is allowed to come back as he has most of his family here. Before he got arrested he had indefinite leave to remain but never made a UK passport. As he was in prison for so long the immigration revoked the indefinite leave to remain and returned his foreign passport. Does he have a chance to come back? Thanks
Help - 3-Sep-18 @ 10:35 AM
Hi good day. I have several questions 1. My relative is in custody in HMP Manchester. He is foreign nationality. Do you know where we can monitor the Early Removal Scheme? Is it informed to anyone? 2. He also sentenced for deportation. Where can we find out the details of the deportation i.e the dates, the flights etc? Thank you very much for the answer
Jo - 30-Aug-18 @ 5:02 AM
Hi, I want to know if a ex.tier 4 student with an expired visa (in 2014), with no right to work in Uk, with 2 years prison sentence for DV, (for 3 ABH assaults)who is subject of deportation, who,even have a child here (child is not British) but live with mother and he had never contributed in any way and show his lack of interest in family life and ispermitted only by indirect contact with child via email,he has appealed because of his deportation order, I want to know how many chances are for this person to be deported ?I mean to say is very probably to be deported or have chances to still remain in the UK even after all enumerate? I am the victim and is been a long journey, more than 4 years for me and i can"t wait for this situation to finish. Despite being a strong woman (what didn't kill me had made me more stronger)I still live in fears, looking back over my shoulder, always with my personal alarm,etc. Until he will be removed from this country, I will not live in peace.I mention that he appealed the home office decided to be deported but I don"t know in witch backgrounds...Please, give me your opinion regarding this matter...how many chances are for him to be deported? Any chances to remain?(hopefully not) , and why you believe that can be? thank you kindly
Serenity - 25-Aug-18 @ 12:02 AM
@Hakeem - A deportation order lasts for a minimum of 10 years.
TJ. - 20-Aug-18 @ 8:38 PM
Hi.I got deported on 25th of August 2009 due to my PSW visa catogary.the immigration officer and sri lanka high commissioner ask me to reapeal when I was in airport.but I didnt because of my mentality at that time.now I want to know know is it possible to get back to UK.is there any immigration advisor there to afivcie me or guide me
Hakeem - 20-Aug-18 @ 5:17 PM
Looking for an attorney in the UK to save a friend being detained and now due to be deported back to Ghana where she was living while collecting her inheritance her dad left her.....just because she can’t obtain gold certificates fast enough.....
Gonzo - 19-Aug-18 @ 2:33 AM
Hi. My ex is eu citizen. Was in and out prisonand now waiting for Home Office to make decision if they gonna deport him or not. He was abusing me briching the restraining orders so mamy times. He applyed for family life as we have child together but he does by provide for the child at all. He is useing drugs. I dont know what to think. Help?
No_one_important - 17-Aug-18 @ 3:44 AM
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
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