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Deportation from the UK

By: Louise Smith, barrister - Updated: 23 Apr 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]
Jesatakia - Your Question:
My dad was deported 3 weeks ago now, he was in the UK for 22 years, was sentenced to 4 years but did 2 years, This was 11years ago, we have done absolutely everything from human rights because of my 3 sisters being 4,9,16 years of age. Also we are all british. The home office says he was a risk to the society but he hasnt committed anything since he left prison 11 years ago.Home office said my sisters can communicate with him through skype and be a dad through the phone. They can visit him during holidays but really how are we going to afford £4,000 each time.They rejected everything we did and didn't take my sisters under age and british rights into account.Now from what I've read he is banned for 10 years.Is there any hope?

Our Response:
The re-entry bans on individuals living in the UK who have served longer than 12 months in prison are mandatory, which means it is fixed by law in 'all' cases.
AboutImmigration - 24-Apr-17 @ 2:10 PM
My dad was deported 3 weeks ago now, he was in the UK for 22 years, was sentenced to 4 years but did 2 years, This was 11years ago, we have done absolutely everything from human rights because of my 3 sisters being 4,9,16 years of age. Also we are all british. The home office says he was a risk to the society but he hasnt committed anything since he left prison 11 years ago.Home office said my sisters can communicate with him through skype and be a dad through the phone. They can visit him during holidays but really how are we going to afford £4,000 each time.They rejected everything we did and didn't take my sisters under age and british rights into account. Now from what I've read he is banned for 10 years. Is there any hope?
Jesatakia - 23-Apr-17 @ 10:32 PM
Bry - Your Question:
Hi Good day! I want to know if I can return to UK again. Last 2015, Immigration officers came to my workplace and I was the main subject. I breached the condition of my visa, I'm illegally working and I have a few days to stay in UK. I was detained and after 3weeks I told them iwant to return to my country but through public expense. I would like to know if how many years am I going to be banned from the UK and is there any way of knowing it. I tried to emailed them but they just gave me about the rules. I dont know if its 2, 5 or 10 years. Please help. Thanks

Our Response:
Please see link here which should tell you all you need to know.
AboutImmigration - 19-Apr-17 @ 12:40 PM
Hi Good day! I want to know if I can return to UK again. Last 2015, Immigration officers came to my workplace and I was the main subject. I breached the condition of my visa, i'm illegally working and I have a few days to stay in UK. I was detained and after 3weeks i told them iwant to return to my country but through public expense. I would like to know if how many years am i going to be banned from the UK and is there any way of knowing it. I tried to emailed them but they just gave me about the rules. I dont know if its 2, 5 or 10 years. Please help. Thanks
Bry - 19-Apr-17 @ 7:08 AM
Hi .. I have one year old baby born in the uk and now pregnant again. MY husband have lwft me already and now on my own last application was on dependant on my husband on flr was refused.. I had taken assisted voluntarliy return as there is getting hard on managing financially. I have troublemaker inlaws in India which might take my baby away. Second, I cant get my baby passport or travel doc unless I get his father consent. When i applied for AVR .. I wasn't aware that I was pregnant but now I know. What are my options are.
Aps - 17-Apr-17 @ 4:01 PM
Oana - Your Question:
Hi, my boyfriend is european and was sentenced for 14months. Can he be deported? He is living in uk for almost 5 years, on and off, and working good ever since and paying tax. In the court it said that he is a man with good character but since he made something wrong so he needs to be sentenced in prison, Will he be deported regardless of his work and other things?

Our Response:
Under Section 32 of the UK Borders Act 2007, the Secretary of State must make a deportation order in respect of a non- British criminal where the criminal was convicted in the UK and sentenced to a period of imprisonment of 12 months or more. The sentence must be a single sentence for a single conviction, (not aggregate or consecutive sentences).
AboutImmigration - 13-Apr-17 @ 2:21 PM
My partner has been sentenced to prison..he got an suspended sentance and served 3 months..he was brought here by his parent age 11 and has been here 27 years and has 3 children ..and has always worked an is currently working self imployed few days before his release he said he'sbeing heldon aimmigration what is this can he still be deported?
Z - 11-Apr-17 @ 8:17 AM
GT 7 - Your Question:
Hi,my cousin is Dutch born to British parents. He's lived in UK since 6years old. Been here 47 years. He got into trouble done 3 years in prison. The Home Office now wants to deport him. He is still in prison but nearing the end of his sentence. He has no family in Holland,he can't speak the language,he's not socially integrated to Holland. He has paid national insurance & tax into the UK since leaving school at 16. He has paid nothing to Holland. He is to appeal but no-one to help fill in forms. He has 3 grown up children here all his family are here. Help! What can he do to stay here? Thanks GT 7

Our Response:
He would have to seek professional immigration advice regarding this. I'm afraid the current policy of the Home Office is to 'deport first - appeal later'. Plus, if he is deported, he will face both deportation and a mandatory ban to return to the UK. You can see more via the gov.uk link here.
AboutImmigration - 10-Apr-17 @ 1:55 PM
Hi,my cousin is Dutch born to British parents. He's lived in UK since 6years old. Been here 47 years. He got into trouble done 3 years in prison. The Home Office now wants to deport him. He is still in prison but nearing the end of his sentence. He has no family in Holland,he can't speak the language,he's not socially integrated to Holland. He has paid national insurance & tax into the UK since leaving school at 16. He has paid nothing to Holland. He is to appeal but no-one to help fill in forms. He has 3 grown up children here all his family are here. Help! What can he do to stay here? Thanks GT 7
GT 7 - 9-Apr-17 @ 9:05 PM
Hi, my boyfriend is european and was sentenced for 14months. Can he be deported? He is living in uk for almost 5 years, on and off, and working good ever since and paying tax. In the court it said that he is a man with good character but since he made something wrong so he needs to be sentenced in prison, Will he be deported regardless of his work and other things?
Oana - 8-Apr-17 @ 10:36 PM
I have a Aunt who I heard will be deported from.uk to zambia coz she has over stayed there without paper but she went there for school which she completed and started working there what is going to.happen to her degree is she going to find a job when she comes back
mwa - 5-Apr-17 @ 9:31 PM
My cousin, born in Zambia in 1982 came to live in the UK at the age of three. He has both his parents and three siblings in the uk who are British. He does not have British Nationality. However, he started getting involved in crimes and the fourth time he was sent to prison, he stayed there for over two years and then got deported last month. He's lived all his life in the UK, as good as born in the UK and is now destitute in Zambia, a place he does not know, all his parent's relatives who could have looked after him are dead. The Home Office was aware of his strongfamily ties in the UKat the time of deportation. Life in Zambia is extremely difficult for him and he is suicidal. Is there hope for him to be reunited with his family in UK?
tasha - 1-Apr-17 @ 11:35 PM
@MC given that you were forcefully deported you were subject to a 10 year ban from the UK. Since 25 years have elapsed you may be able to reenter but I would suggest that you contact the UK High commission/embassy in your country for further clarity before arriving in the UK.
TJ. - 29-Mar-17 @ 4:34 PM
Hi, I went to UK 25 years ago for a nursing interview and was approved and accepted. However, my school was supposed to start a year later. I did not leave the country. One day, the place I was staying was raided and of course, I was deported. I never returned to the UK since. I am now a Canadian citizen and would like to visit Europe including UK. Do I need to apply for re entry?
MC - 29-Mar-17 @ 12:08 AM
Hi my husband been sentenced to 20 months for fraud he does not have a British nationality he's is being deported once he's at the deportation center can we apply for bail and do appeal from there.or will they deport him straight away. he can only appeal from outside the uk
Naz - 28-Mar-17 @ 8:48 PM
Sara - Your Question:
Hi. My boyfriend is held now in police station. I do not know what he did but they say he will be in court this morning. Can he be deported? He lives here in the uk one year , do not have a job, is not a going to job centre, have insurance, has worked in north ireland for two months and in here in scotland for over one month. He do not have a job from last year december. But he is registered in agency that he is looking for a job. I am pregnant wirh his baby and due on middle may. If was in his home european country in a jail for over 3 years. In they would want to deport him could I try to make him remain in uk by any reason my human rights like his girlfriend that I need his suport with my first baby. Or what we can write to make him remain in uk?

Our Response:
If your boyfriend receives a prison sentence of over 12 months, then he can be deported.
AboutImmigration - 28-Mar-17 @ 10:05 AM
Hi. My boyfriend is held now in police station. I do not know what he did but they say he will be in court this morning. Can he be deported? He lives here in the uk one year , do not have a job, is not a going to job centre, have insurance, has worked in north ireland for two months and in here in scotland for over one month . He do not have a job from last year december. But he is registered in agency that he is looking for a job. I am pregnant wirh his baby and due on middle may. If was in his home european country in a jail for over 3 years. In they would want to deport him could I try to make him remain in uk by any reason my human rights like his girlfriend that i need his suport with my first baby. Or what we can write to make him remain in uk?
Sara - 27-Mar-17 @ 3:48 AM
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
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