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Deportation from the UK

By: Louise Smith, barrister - Updated: 24 Mar 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]
Hello,my husband in this country for 15year and he have indefinite stay,he have been charged for conspiracy in fraud and sentence him for14month,but trying to process HDC for him.I was told that the home office said thy want to get involved in his case.please what does that mean
Folly - 24-Mar-17 @ 9:05 PM
Sarah - Your Question:
My boyfriend has been living in the uk for 30 years. He was born in Nigeria but moved to the uk when he was born. He was imprisoned for a crime a few years ago for 5 years. On his return immigration have threatened to deport him and held onto his passport. However 3x the Nigerian embassy have refused him because they said they do not know him! He just got imprisoned for 4 weeks and now they said they are detaining and want to apply for deportation again. Is there anything more he can do? Can they send him back right away? Can he get bail? Thank you

Our Response:
You can see more via the link here, which should answer your questions.
AboutImmigration - 24-Mar-17 @ 3:01 PM
My boyfriend has been living in the uk for 30 years. He was born in Nigeria but moved to the uk when he was born. He was imprisoned for a crime a few years ago for 5 years. On his return immigration have threatened to deport him and held onto his passport. However 3x the Nigerian embassy have refused him because they said they do not know him! He just got imprisoned for 4 weeks and now they said they are detaining and want to apply for deportation again. Is there anything more he can do? Can they send him back right away? Can he get bail? Thank you
Sarah - 24-Mar-17 @ 12:36 PM
If a person who is British citizen and young adult is sentenced to more then 3years for class A. Is it possible for all three parties; judge, mother of convict and prisoner to agree (prisoner agrees out of his own will) that the prisoner is sent back to his country to attend boarding school for 3years+ and would not be allowed to come back to the UK until the years of sentencing is over. Is this an option and has it been done before in some cases?
KC - 24-Mar-17 @ 12:12 AM
Ams - Your Question:
My brother was sentenced to 3 years in prison after being caught with class a drug. Since then he's been out nearly 2 years and has to sign in once a week at the home office in Croydon - today the immigration took him for no actual reason saying they've had it planned for a while to take him to the immigration detention centre. They will not tell us why he has been detained. He has not been in trouble with the law since has come back - so what are the reasons for his detainment

Our Response:
A person may face deportation if they are not a British Citizen, and have been convicted of a criminal offence where he/she has spent time in prison for over 12 months.
AboutImmigration - 23-Mar-17 @ 12:11 PM
My brother was sentenced to 3 years in prison after being caught with class a drug. Since then he's been out nearly 2 years and has to sign in once a week at the home office in Croydon - today the immigration took him for no actual reason saying they've had it planned for a while to take him to the immigration detention centre. They will not tell us why he has been detained. He has not been in trouble with the law since has come back - so what are the reasons for his detainment
Ams - 22-Mar-17 @ 7:52 PM
Naz - Your Question:
Hi my husband been sentenced to 20 months for fraud he does not have a British passport he is being deported we have 3 children he has right to appeal from outside the uk is there anything else that we can do from here and what are our chances

Our Response:
Your husband will be subjected to a mandatory ban - please see link here. If you are trying to challenge a re-entry ban after a deportation, immigration rules state that only be in exceptional circumstance would the public interest in maintaining refusal to re-enter the UK be outweighed by compelling factors.
AboutImmigration - 22-Mar-17 @ 12:06 PM
Hi my husband been sentenced to 20 months for fraud he does not have a British passport he is being deported we have 3 children he has right to appeal from outside the uk is there anything else that we can do from here and what are our chances
Naz - 21-Mar-17 @ 7:09 PM
Ania - Your Question:
Hello,I am a Polish National with a European passport. I am graduating this year and moving onto my three year clinical Masters degree straight away. I lived in England since 2005 and I am a 21 year old woman who also works part time. My question is, is there any reason for me to postpone my studies due to the reason that I could be deported anytime now that Teresa May wants to take action of immigration?Thank you,Anna

Our Response:
There is no reason why you should postpone your studies, please see gov.uk here.
AboutImmigration - 21-Mar-17 @ 12:53 PM
Hello, I am a Polish National with a European passport. I am graduating this year and moving onto my three year clinical Masters degree straight away. I lived in England since 2005 and I am a 21 year old woman who also works part time. My question is, is there any reason for me to postpone my studies due to the reason that I could be deported anytime now that Teresa May wants to take action of immigration? Thank you, Anna
Ania - 20-Mar-17 @ 6:33 PM
Non - Your Question:
My relationship with eea national ended just after 2.6 months of my residence permit.She reported to the home office that our relationship has ended. The home office wrote that I have to leave UK or appeal.Instead of appealing, I apply for tier 1 visa and exercised article 8 of human right which was unsuccessful.My case worker wrote that I can reply if my circumstance has changed.Now I'm in a relationship with uk citizen who has two kids.we are living like family.I'm dependant on her since I can't work.Can I reapply now or wait for 2 years in the relationship before applying.In august,we will be a year together.What can I do?

Our Response:
If you have overstayed your visa, then despite your new family arrangement, you will face automatic deportation. You have 28 days from the date your visa expires to apply for a new visa - either by extending your current visa or leave, or applying in a different category. The Home Office will automatically reject your application if you apply after this date, please see CAB linkhere.
AboutImmigration - 16-Mar-17 @ 2:41 PM
alicja84 - Your Question:
Hello. Im from Poland. On August 2016 Home Office give me documents to deported me from the UK to Poland. The reason was no job and no address. I bought a ticket and on September 2016 I fly to Poland. Now I want fly back to the UK to my friend. I do not know did I ban to UK. Where or how I can find did I ban to UK??? Please for hellp I dont want have a problems with UKBA.

Our Response:
Please see gov.uk link here which will help answer your question.
AboutImmigration - 13-Mar-17 @ 12:07 PM
I've just read the above and it's not true someone whom I know has spent over a year in prison for fraud and also Been found guilty of sex offence which he spent a few months in jail also, this person has only been in uk for 8 years and currently held in a detention centre were he doesn't admit his true dob even though the immigration have photo copies of his real indian passport is going to be released, so sorry to say the above laws stated are not true
amrit - 13-Mar-17 @ 1:58 AM
Hello. Im from Poland. On August 2016 Home Office give me documents to deported me from the UK to Poland. The reason was no job and no address. Ibought a ticket and on September 2016 I flyto Poland. Now I want fly back to the UK to my friend. I do not know did I ban to UK. Where or how I can find did I ban to UK??? Please for hellp I dont want have a problems with UKBA.
alicja84 - 12-Mar-17 @ 12:37 PM
My relationship with eea national ended just after 2.6 months of my residence permit.. She reported to the home office that our relationship has ended. The home office wrote that I have to leave UK or appeal. Instead of appealing, I apply for tier 1 visa and exercised article 8 of human right which was unsuccessful.. My case worker wrote that i can reply if my circumstance has changed.. Now I'm in a relationship with uk citizen who has two kids.we are living like family.I'm dependant on her since I can't work.. Can I reapply now or wait for 2 years in the relationship before applying.. In august,we will be a year together.. What can I do?
Non - 9-Mar-17 @ 11:49 AM
Jane - Your Question:
Hello,my boyfriend has been sentenced to 2 weeks of prison a month ago,ever since then,and by then I mean the time that he had finished his sentence he s been stuck at the emmigration centre.It's been two weeks already,how long does it take for him to be sent back home in his country?Thank you in advance!

Our Response:
We do not have this information. If your boyfriend has a solicitor, he/she should be able to advise further or the holding centre may also be able to advise directly.
AboutImmigration - 7-Mar-17 @ 2:08 PM
Our dear young friend from Syria arrived in the UK in September 2016.Unfortunately he was finger printed in France and Italy.He has cousins and friends in the UK and we are his host family.In November he was going to sign at the police station/home office in leeds every two weeks.He was taken to Moreton Hall end of Jan this year.His Leeds solicitor has dropped the case.Biduk can't take the case on unless the deportation can be legally challenged.He has started the procedure for a rule 35. He is not eating and is depressed as well as suffering from PTSD.He has done nothing wrong to face such a horrendous situation alongside the fear that his family are in danger from Isis.What can I do to help? Thank you
Katie - 7-Mar-17 @ 1:00 AM
My ex partner is asking for my birth certificate and for me to apply for passport for me and his daughter but i refuse as its just to him to stay here in uk. He had lied about his immigration status for 2 years to me so i have left him. He is from nigeria..will he be deported?
Meme - 6-Mar-17 @ 7:51 PM
Hello,my boyfriend has been sentenced to 2 weeks of prison a month ago,ever since then,and by then I mean the time that he had finished his sentence he s been stuck at the emmigration centre..It's been two weeks already,how long does it take for him to be sent back home in his country? Thank you in advance!
Jane - 6-Mar-17 @ 7:31 PM
Hello my wife came to uk 2yrs ago upon arriving she started behaving erratically n violently n left after few months she was nearly 2 months pregnant having been in the country only 3 weeks I then got a divorce and declarator of non parentage via the sheriff/judge which proved I am not the father of the child as initially my ex wife had put me down as the father without my knowledge possibly to gain UK citizenshipi also reported her to ukba however I'm surprised she has gained stay here is this due to the child being born in the UK as far I thought she would get deported due to false pretences and marriage fraud
Maddie - 4-Mar-17 @ 10:12 PM
I am curious to know if an ex offender is willingly deported or removed out of the United Kingdom , how long will it take for him to come back to the uk??
Love - 3-Mar-17 @ 1:05 PM
vkuk - Your Question:
UKBA has been removed me in 2012 december. They told me you are illegal enterant in uk. when I left the uk I had visa for more 4 months but they have me put me removal centre for 15 days for they caught me at work place. and I dont have work permit after that they put me in removal center. after 15 days I bought my own ticket to come india, is that any possibility to enter again in uk ? and There is any Ban for me. Please guide me.

Our Response:
There will be a ban if you came into the country illegally and you were asked/forced to leave, please see gov.uk link here.
AboutImmigration - 3-Mar-17 @ 12:23 PM
UKBA has been removed me in 2012 december . They told me you are illegal enterant in uk. when i left the uk i had visa for more 4 months but they have me put me removal centre for 15 days for they caught me at work place . and i dont have work permit after that they put me in removal center. after 15 days i bought my own ticket to come india, is that any possibility to enter again in uk ? and There is any Ban for me . Please guide me.
vkuk - 2-Mar-17 @ 12:59 PM
Abdelhak - Your Question:
Hello , I'm from Algeria , I have been removed from the U.K. 3 months ago , because I was living illegally, and they sentence me with 12 months , I did only 5 months and and after that they deported me back to my country , I was living with my girlfriend who has a daughter , my girlfriend is Hungarian living in the U.K. For almost 9 years , and I'm still in contact with her and I love her , and she is the same , there is any way to comeback to the U.K. And live again with my girlfriend , thank you

Our Response:
You can see how long you will be banned from the UK for via the gov.uk link here. I'm afraid if you are deported from the UK, then a ban to return is mandatory.
AboutImmigration - 24-Feb-17 @ 10:56 AM
Hello , I'm from Algeria , I have been removed from the U.K. 3 months ago , because I was living illegally, and they sentence me with 12 months , I did only 5 months and and after that they deported me back to my country , I was living with my girlfriend who has a daughter , my girlfriend is Hungarian living in the U.K. For almost 9 years , and I'm still in contact with her and I love her , and she is the same , there is any way to comeback to the U.K. And live again with my girlfriend , thank you
Abdelhak - 23-Feb-17 @ 10:09 AM
Sanam - Your Question:
Hi I'm severely ill Im uk citizen I'm married to Pakistani I do not work out case got refused so he had to sign on but becouse of my illness as I only depended on him he couldn't go to siqn on every time so now they have put him in detention to deport him I'm still fighting for my right for him to stay but we both are worried becouse I can't go Pakistan due tinny health and if he goes by the date they given him ticket I heard he would be band for 10years to come back he can't leave me as I'm suicidal due to depression now I'm stuck I don't now who to turn to I'm not going to let him go or leave me as I live alone with him he cares for me wash bath and sets my medication and remind me to eat what can I do to stop him leaving

Our Response:
I'm afraid only someone with expert knowledge of immigration matters may be able to help answer your question, please see gov.uk link here. However, I'm afraid the Home Office policy is now to deport first and appeal later, which means sending the person who is to be deported home first, so they can deal with their appeal from their home country.
AboutImmigration - 22-Feb-17 @ 10:15 AM
Hi I'm severely ill Im uk citizen I'm married to Pakistani I do not work out case got refused so he had to sign on but becouse of my illness as I only depended on him he couldn't go to siqn on every time so now they have put him in detention to deport him I'm still fighting for my right for him to stay but we both are worried becouse I can't go Pakistan due tinny health and if he goes by the date they given him ticket I heard he would be band for 10years to come back he can't leave me as I'msuicidaldue to depression now I'm stuck I don't now who to turn to I'm not going to let him go or leave me as I live alone with him he cares for me wash bath and sets my medication and remind me to eat what can I do to stop him leaving
Sanam - 21-Feb-17 @ 11:35 AM
My friend was deported from the Uk after it was believed his marriage to a Uk woman was not "real" and was for obtaining a visa. He was deported back to Turkey and has not been back to england for the last 8 years.He now has a daughter in England to his ex girlfriend, he wants to go back and live in the Uk, is there a chance he would be able too??Or would he just be allowed to visit the Uk not live.Any help would be great.
newton - 17-Feb-17 @ 1:20 PM
ScorpioEmpress - Your Question:
My now ex husband had his leave to remain curtailed after leaving the marital home once he got his leave to remain last year 2016 and not being active in our two daughters lives which was the basis of his leave to remain in the UK in the first place. Since he returned to Jamaica we have divorced and he plans on marrying another uk national (who he was haing an affair with) in order to re-enter the uk. He did leave voluntarily at his own expense but at the advise of UKBA. He also had previous reporting conditions to the home office as he had entered the UK illegally and was listed as an over stayer (none of which I knew untill trident officers turned up after we were married). How easy will it be for him to retuen to the UK on the basis of this new relationship or is it likely that his visa wiill be refused under paragraph 320 of the immigration rules considering his previous immigration history.

Our Response:
Your ex's previous immigration history will be considered when he makes a fresh application, as will his re-entry ban and any false information he has at any point provided to the Home Office. The Home Office is attempting to curtail immigration, so where is can it will. However, both he and his new partner will also have to fulfil all the requirements of the spouse visa in order for him to be able to apply in the first place, please see link here.
AboutImmigration - 14-Feb-17 @ 12:24 PM
My now ex husband had his leave to remain curtailed after leaving the marital home once he got his leave to remain last year 2016and not being active in our two daughters lives which was the basis of his leave to remain in the UK in the first place.Since he returned to Jamaica we have divorced and he plans on marrying another uk national (who he was haing an affair with) in order to re-enter the uk.He did leave voluntarily at his own expense but at the advise ofUKBA. He also had previous reporting conditions to the home office as he had entered the UK illegally and was listed as an over stayer (none of which i knew untill trident officers turned up after we were married).How easy will it be for him to retuen to the UK on the basis of this new relationship or is it likely that his visa wiill be refused under paragraph 320 of the immigration rules considering his previous immigration history.
ScorpioEmpress - 13-Feb-17 @ 4:42 PM
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