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Deportation from the UK

By: Louise Smith, barrister - Updated: 16 Oct 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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[Add a Comment]
KAY - Your Question:
Hello guys, my name is Kayode, sentenced to 18weeks in prison in 2015 but before then iI applied for a visa to stay in the Uk because I have a British born son. After my prison sentence, I was held inside the prison for another 3 weeks because of my immigration then later released to my partner address and my application is refused base on the fact that I didn't send my passport in time when they requested for it and no substantial relationship between me and the mother. I appealed the decision and currently waiting for a response from the judge. I will like to know if my prison sentence will play a big role in the decision of the judge even though I had a letter from my probation officer that I am of a good character and also what are the chances of my appeal to be granted?

Our Response:
If you, as a foreign national have been convicted of a criminal offence previously the court will assess the seriousness of the offence when granting a visa. However, as every case is individually assessed, it is impossible to predict what the Home Office may decide.
AboutImmigration - 17-Oct-17 @ 11:17 AM
So does that mean they will release him from prison then write to him or will they just take him from prison to dentetion centre his in belmarsh ?? Thank you
Em - 16-Oct-17 @ 3:38 PM
Hello guys, my name is Kayode, sentenced to 18weeks in prison in 2015 but before then iI applied for a visa to stay in the Uk because I have a British born son.After my prison sentence, i was held inside the prison for another 3 weeks because of my immigration then later released to my partner address and my application is refused base on the fact that I didn't send my passport in time when they requested for it and no substantial relationship between me and the mother. I appealed the decision and currently waiting for a response from the judge. I will like to know if my prison sentence will play a big role in the decision of the judge even though I had a letter from my probation officer that I am of a good character and also what are the chances of my appeal to be granted?
KAY - 16-Oct-17 @ 2:07 PM
Em - Your Question:
Hi my boyfriend is in prison his 20 and it's his second sentence he got 16 months so will do half of that will immigration take him from there to detention centre as his last sentence they took him from the prison and kept him 9 months in detention centre and he had to fight to be released they released him under conditions to live at a address and to sign on and he did none of them and is now back inside prison??? He is from Venezuela thank you

Our Response:
It is highly likely your boyfriend may be deported after his sentence is completed as the Home Office procedure is to deport individuals who have served a sentence of 12 months or more.
AboutImmigration - 16-Oct-17 @ 11:25 AM
Hi my boyfriend is in prison his 20 and it's his second sentence he got 16 months so will do half of that will immigration take him from there to detention centre as his last sentence they took him from the prison and kept him 9 months in detention centre and he had to fight to be released they released him under conditions to live at a address and to sign on and he did none of them and is now back inside prison??? He is from Venezuela thank you
Em - 15-Oct-17 @ 11:19 AM
@Tyler - you have to apply first! the Home Office can always come up with some excuse not to let a person in.
JZee - 12-Oct-17 @ 2:11 PM
Worried partner - Your Question:
Hi, my partner had two children with an illegal immigrant. At the moment, the children live with him under a supervised court order, however he has been declined a visa to stay in the country. The court order for the supervision of the kids goes on until next May. What will happen with the children (both are uk citizens by birth)?

Our Response:
I'm afraid we cannot anticipate what a court may decide.
AboutImmigration - 12-Oct-17 @ 12:38 PM
Paty - Your Question:
Hi my name is patricia, my partner was deported nearly 2 years ago for not having proof of his identity. He was banned from UK for a year. Can he return back to uk ???

Our Response:
Those who breach immigration laws but leave voluntarily and pay for their own departure can apply to return after 12 months.
AboutImmigration - 12-Oct-17 @ 11:58 AM
My ten year ban from the UK is almost up. Are there any special procedures i need to complete before I plan a trip back over?
Tyler - 12-Oct-17 @ 12:49 AM
Hi my name is patricia, my partner was deported nearly 2 years ago for not having proof of his identity. He was banned from UK for a year. Can he return back to uk ???
Paty - 10-Oct-17 @ 6:40 PM
Hi, my partner had two children with an illegal immigrant. At the moment, the children live with him under a supervised court order, however he has been declined a visa to stay in the country. The court order for the supervision of the kids goes on until next May. What will happen with the children (both are uk citizens by birth)?
Worried partner - 10-Oct-17 @ 3:32 PM
Les - Your Question:
Hello. My name is Leslie. My brother was deported from the UK in 2008 for working with fake papers. He was sentenced to 15 months and served 8 months. After this he was sent back home.He went to live in US and got his citizenship through his wife 8 years later. Is it possible for him to visit the UK again or does he have to wait for 10 years?

Our Response:
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. 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 - 9-Oct-17 @ 2:01 PM
Hello. My name is Leslie. My brother was deported from the UK in 2008 for working with fake papers. He was sentenced to 15 months and served 8 months. After this he was sent back home. He went to live in US and got his citizenship through his wife 8 years later. Is it possible for him to visit the UK again or does he have to wait for 10 years?
Les - 9-Oct-17 @ 12:07 AM
hy im.have some questions??my friends been close.in imigration prisonts in lincoln about for 2 weeks and after tell him you free we are mystake and come to my house and says its free and are debts council tax ,water, bills ,house rent, and loans for 10000 pound its sorted goverment pay for him ????thats its true or not ???im.not belived him im.thing.it lie please let me know thanks for.lot
MATTY - 8-Oct-17 @ 6:43 AM
María - Your Question:
Question:I am part of EU.I am been in UK since 2008.On 2014 I been married with Pakistan student Tier 4,sadly things gone extremely wrong.Whatever we have a daughter togetger.Child is not British even born here. His visa as student expired,he been sentenced 24 months to prison for 3 domestic violence assault during my pregnancy and after.Actually we divorce, daughter living only with me from 2years,he is trying desperately to obtain right to have contact with child in order to remain in this country.He didn't financially support in this 2 years,he is under probation. I will like to know if he have any chance to obtain right to live in this country and under what circumstances? I only trying to protect my child to be used for his own selfish propose. Waiting answer please,thank you kindly

Our Response:
If your ex has spent 24 months in prison, as a rule he should face automatic and mandatory deportation.
AboutImmigration - 6-Oct-17 @ 12:05 PM
Question:I am part of EU.I am been in UK since 2008.On 2014 I been married with Pakistan student Tier 4,sadly things gone extremely wrong.Whatever we have a daughter togetger.Child is not British even born here. His visa as student expired,he been sentenced 24 months to prison for 3 domestic violence assault during my pregnancy and after.Actually we divorce, daughter living only with me from 2years,he is trying desperately to obtain right to have contact with child in order to remain in this country.He didn't financially support in this 2 years,he is under probation. I will like to know if he have any chance to obtain right to live in this country and under what circumstances? I only trying to protect my child to be used for his own selfish propose. Waiting answer please,thank you kindly
María - 3-Oct-17 @ 10:39 PM
Motheroftwo - Your Question:
Hi,My partner was deported two years ago from prison half serving a 1 n half year sentence, we have two child together both of uk citizenship and we were wondering how long is it til he can apply for a family visa or spouse visa to come back to the UK. He was living in the UK for 19yeats without knowledge of being illegally here, his now 24.

Our Response:
You can see more via the gov.uk link here . However, where a person has a prison sentence, 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 - 3-Oct-17 @ 3:40 PM
Suman - Your Question:
In spite of having my judicial review pending to the Administrative Court,I was forced by six people to removed from the UK on 06/09/2017.I would like to reenter the UK to represent my judicial review.What should I do now ?

Our Response:
If you were deported from the UK, then you will be subjected to a re-entry ban and not allowed to return to the UK.
AboutImmigration - 3-Oct-17 @ 10:21 AM
Em - Your Question:
Hi my partner is currently in prison he got 18 so will do 9 months he is 21 and was in prison when 17 for kind of same offence after his sentence when he was 18 he did 9 months and immigration took him straight from prison to detention centre after fighting for 1 year they released him with conditions he signs home office but has not will he get took from prison again to detention centre as didn't stick to the conditions? Thanks

Our Response:
If your cousin has not stuck to the Home Office conditions of his release, the Home Office is unlikely to allow him the same agreement again.
AboutImmigration - 2-Oct-17 @ 12:01 PM
In spite of having my judicial review pending to the Administrative Court,I was forced by six people to removed from the UK on 06/09/2017.I would like to reenter the UK to represent my judicial review. What should I do now ?
Suman - 2-Oct-17 @ 5:47 AM
Hi, My partner was deported two years ago from prison half serving a 1 n half year sentence, we have two child together both of uk citizenship and we were wondering how long is it til he can apply for a family visa or spouse visa to come back to the UK. He was living in the UK for 19yeats without knowledge of being illegally here, his now 24.
Motheroftwo - 1-Oct-17 @ 9:48 PM
Hi my partner is currently in prison he got 18 so will do 9 months he is 21 and was in prison when 17 for kind of same offence after his sentence when he was 18 he did 9 months and immigration took him straight from prison to detention centre after fighting for 1 year they released him with conditions he signs home office but has not will he get took from prison again to detention centre as didn't stick to the conditions? Thanks
Em - 30-Sep-17 @ 3:05 PM
Awat- Your Question:
Hi my name is awat. Last year I got 12 month prison sentence for section 20 with out intent. I served six month in prison now I'm out. I got letter from Home Office want to deport me back to Iraq I have kids family and been In uk for 10 years. I applied for indefinite leave to remain but my right just before I end up in prison ??My life is in danger in Iraq and I'm gonna lose my kids for good. Have I got any chance to won my case ? Thanks.

Our Response:
We cannot predict this as it is in the Hands of the Home Office. However, where prison sentences are concerned, the Home Office policy is to deport first and to appeal from your home country.
AboutImmigration - 29-Sep-17 @ 2:34 PM
Hi my name is awat.Last year i got 12 month prison sentence for section 20 without intent. I servedsix month in prison now I'm out. I got letter from Home Office want to deport me back to Iraq I have kids family and been In uk for 10 years. I applied for indefinite leave to remain but my right just before I end up in prison??My life is in danger in Iraq and I'm gonna lose my kids for good. Have I got any chance to won my case ? Thanks.
Awat - 28-Sep-17 @ 11:19 PM
Haider- Your Question:
I have been deported from United Kingdom since 2013, I was sentenice 8 years in prisonmental, how long my deportation will last? After I can reply to enter United Kingdom. I have all my family roots in United Kingdom. Currently I am in Pakistan lonely man.

Our Response:
According to Home Office information, 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. 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 - 26-Sep-17 @ 3:53 PM
eddie- Your Question:
I have a friend who has been detained an I think he may be deported but he has two sons who were born in the UK and are citizens. can something be done to prevent him from being deported

Our Response:
Your friend would have to seek independent immigration advice, please see link here , as it is beyond our remit to advise. But yes, a person can be deported, despite the fact they have family/children living in the UK.
AboutImmigration - 25-Sep-17 @ 2:32 PM
i have a friend who has been detained an i think he may be deported but he has two sons who were born in the UK and are citizens. can something be done to prevent him from being deported
eddie - 23-Sep-17 @ 11:58 AM
I have been deported from United Kingdom since 2013, I was sentenice 8 years in prisonmental,how long my deportation will last? After I can reply to enter United Kingdom.I have all my family roots in United Kingdom.Currently I am in Pakistanlonely man.
Haider - 22-Sep-17 @ 6:20 PM
not applicable- Your Question:
Hi, My partner came from Pakistan on a spouse visa, I know understand he falsified his documents for the English language test our relationship has broken down can he be deported from the uk

Our Response:
If his visa is still based upon your relationship, then you/he must tell the Home Office, please see link here.
AboutImmigration - 22-Sep-17 @ 10:51 AM
Hi, My partner came from Pakistan on a spouse visa, I know understand he falsified his documents for the English language test our relationship has broken down can he be deported from the uk
not applicable - 21-Sep-17 @ 8:49 AM
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