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Deportation from the UK

By: Louise Smith, barrister - Updated: 15 Aug 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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hi, i applied for asylum in uk and got refused.then they removed me from the country.now i got an offer to work in uk.im bit worried that will they reject my visa because i was removed once.please help me with this
prabu - 15-Aug-17 @ 4:37 PM
a family member was killed by a foreign person living in the uk he was given 5 years , jailed for three-and-a-half years but will be out on good behaviour 21 months , for being drunk and dangerous driving will he bedeported? i cant remember the judge saying anything about this if so will we be told?
hope - 15-Aug-17 @ 8:29 AM
Me and my husband have been together since 2010, got married in a mosque in 2013,he was sentenced in 2008 for attempt robbery, he was sentence 13 months in prison, in 2012 he was for stealing twice due to drugs.. then in 2013 November he was deported to Afghanistan.. I went to see him,,, in Pakistan as I was scared to go Afghanistan, when I came bak to uk.. I found out I was pregnant.. we had our son in 2014 November,, he hasn't seen his son yet.. we can't go to Afghanistan.. he can't go Pakistan.. it's been nearly 4 years since he's been deported.. me and my son are here still waiting for him.. but he has a 10 year ban.. we talk everyday on the phone.. video call to c his son.. he cries.. he really wants to b wid us.. please please give me some advice..
Ash - 14-Aug-17 @ 11:31 PM
My boyfriend was detained by the police and found out that he was looking for a police station in another country. Now the court should decide whether to send him out of Scotland, but he refused the deportation. He was searched for theft. Is it likely that he will not be deported?
Jurma - 14-Aug-17 @ 7:54 PM
Hello quick question I was deported from the UK after 21yrs of legal residence due to criminal conviction resulting in an 18month prison sentence I received my DO Oct 2012 My sentence finished Jun 2013 I was deported 1st Jan 2015 (I know, right?!) I know I am subject to a mandatory 10yr ban but when does it actually start from?! Hence why I've listed all certain dates so I can get a better understanding I've been here nearly 3yrs now and hoping to apply to revoke the DO regardless of whether I keep getting refused or not as soon as possible. Many thanks
Tezzy - 13-Aug-17 @ 4:02 PM
A friends ex partner (who is also the father of her daughter) received a prison sentence and was subsequently deported to Belgium, (he has a Belgium passport, but is Jamaican by birth). He was prohibited for a period of time from returning to the UK. Now that time is up, will he be able to freely travel back to the UK. This friend is very concerned because he subjected her to awful domestic violence. Thanks.
Nochance - 12-Aug-17 @ 8:11 AM
jimmy1 - Your Question:
I was deported from UK 2007 for a crime which I was sentence to 3yrs in prison even duo I had indefinite stay. My girlfriend was pregnant for me when I was being deported back to nigeria. Please how can I apply for revocation order

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 - 7-Aug-17 @ 3:55 PM
I was deported from UK 2007 for a crime which I was sentence to 3yrs in prison even duo I had indefinite stay. My girlfriend was pregnant for me when I was being deported back to nigeria. Please how can I apply for revocation order
jimmy1 - 6-Aug-17 @ 6:21 PM
I was arrested by the police in 2003 and the case was thrown out of court. Because I was living in uk illegally I was removed with different name . I travelled back to UK with my real name and I have been living in uk since 2003. If I apply for uk leave do I need to disclose this in my application even though I was not convicted. But I was fingerprinted.
Tag - 6-Aug-17 @ 12:32 AM
Joe - Your Question:
My friend has recently received a letter in prison to say he has 20 days to defend his case for deportation, he has been here 100 years and is very much part of the community and family but does not hold a British passport, I have not seen the letter but he said it says he needs to provide proof he is settled here? I have asked friends etc. to write a short letter to explain he is a good person and am digging out some photos to prove he has been part of the family (NY Eve etc.) but can you advise what else we can do to help him?

Our Response:
It would be advisable to seek professional advice, please see gov.uk link here.
AboutImmigration - 1-Aug-17 @ 3:10 PM
K - Your Question:
My ex partner and I had a son in 2014. But we split in 2015 and since the end of 2015 he hasn't seen our son until now. He has now been deported recently in June of 2017. I'm a EEA citizen. I would like to know if I can get is parental rights terminated as I need to travel with my son and sort his documents but I can't do it without his authorisation. And I don't have his contacts. If someone could help me I would appreciate.

Our Response:
You would have to apply to court for permission to travel. It is unlikely a court would waive the father's parental rights. You may wish to seek legal advice.
AboutImmigration - 1-Aug-17 @ 2:37 PM
My friend has recently received a letter in prison to say he has 20 days to defend his case for deportation, he has been here 100 years and is very much part of the community and family but does not hold a British passport, I have not seen the letter but he said it says he needs to provide proof he is settled here? I have asked friends etc. to write a short letter to explain he is a good person and am digging out some photos to prove he has been part of the family (NY Eve etc.) but can you advise what else we can do to help him?
Joe - 1-Aug-17 @ 11:57 AM
My ex partner and I had a son in 2014. But we split in 2015 and since the end of 2015 he hasn't seen our son until now. He has now been deported recently in June of 2017. I'm a EEA citizen. I would like to know if I can get is parental rights terminated as I need to travel with my son and sort his documents but I can't do it without his authorisation. And I don't have his contacts. If someone could help me I would appreciate.
K - 1-Aug-17 @ 7:55 AM
Torn - Your Question:
My part ar entered the Uk border illigally in 2005, in 2007 sentenced for 12 months for posessing fake documents and deported after 6 months.He reentered the border,again illigally in 2011.Since 2012 we are trying to legalize gis statehere,we made a number of aplications for revocation of the order and for state.but they have all been refused.HO made him to sign every month and the last time he went,it was my daughters 5th birthday they sent her dad to detainee centre.4 days later they removed him by force.I am in very bad situation now, coz I don't have anybody to help me, Iam 9 months and 2 weeks pregnant and I just want him to come home.Is there any way to help?

Our Response:
I'm afraid, apart from appealing there is little you can do as your partner will be subjected to a mandatory re-entry ban which is dependent upon how he left the country, please see link here.
AboutImmigration - 27-Jul-17 @ 10:59 AM
I was given 5 months prison sentence of which I served my 2.5 months and returned back to Sri Lanka. I was accused for using deception to obtain ILR. If I need to travel to the UK on a visitors visa, do I have to disclose this on the application form as I was told since my prison term was only 5 months and I have served I don't need to disclose this on the application form. Please confirm. Thank you. Jenny
Jen - 25-Jul-17 @ 6:27 PM
My part ar entered the Uk border illigally in 2005, in 2007 sentenced for 12 months for posessing fake documents and deported after 6 months.He reentered the border,again illigally in 2011.Since 2012 we are trying to legalize gis statehere,we made a number of aplications for revocation of the order and for state...but they have all been refused.HO made him to sign every month and the last time he went,it was my daughters 5th birthday they sent her dad to detainee centre.4 days later they removed him by force.I am in very bad situation now, coz I don't have anybody to help me, Iam 9 months and 2 weeks pregnant and I just want him to come home.Is there any way to help?
Torn - 25-Jul-17 @ 12:27 PM
My Nephew has been deported to Zimbabwe, he has a British wife and son whose 7 years old. My nephew had indefinite leave through ancestral as grandparents are British born. My nephew was sentenced to 4 yrs for GBH in 2009 and we have been fighting with immigration to set him free due to family rights, and close ties to the uk as the entire family live here. My nephew was on tag for 8 months before sentencing so only served 18 months. When he was realeased from prison he went to a detention centre and was then bailed on tag, signing every week at a immigration centre from 2012 till may 2017 and he never missed a day. (My nephew was on tag for 3 solid years) before they removed tag. My nephew was treated like an animal and immigration need to compensate him for what they have done to him tagging for 3 years is illegal. My nephew has been with his wife for 12 years but married for 4 years and have a 7 year old son who is devastated and a wife going through depression. My nehew's human rights have been violated please help.
Shilo - 22-Jul-17 @ 5:19 PM
J - Your Question:
My husband over stayed his leave to remain. And never had the money to apply for his Indefinate leave to remain. We have a baby together. Whats the best way forward ? Can this be sorted? Many thanks J

Our Response:
You would have to take independent immigration advice here, as anyone overstaying their leave to remain in the country by more than 28 days will see their application for further leave automatically refused.
AboutImmigration - 21-Jul-17 @ 12:34 PM
My husband over stayed his leave to remain. And never had the money to apply for his Indefinate leave to remain. We have a baby together. Whats the best way forward ? Can this be sorted? Many thanks J
J - 20-Jul-17 @ 10:55 PM
Mii - Your Question:
Pls my dad overstayed in uk but was married to sum1 who was a legal citizen, a friend of my dad reported to the police that the marriage was fake, they have pictures of the marriage and everything , my dad was detained and later voluntarily returned back to our country(Ghana). Want to know the chance of my dad returning back to uk.

Our Response:
You can see the length of you father's re-entry ban via the link here.
AboutImmigration - 20-Jul-17 @ 2:05 PM
Pls my dad overstayed in uk but was married to sum1 who was a legal citizen, a friend of my dad reported to the police that the marriage was fake, they have pictures of the marriage and everything , my dad was detained and later voluntarily returned back to our country(Ghana). Want to know the chance of my dad returning back to uk.
Mii - 19-Jul-17 @ 9:32 PM
Hi my brother will be deported back to America in three years time. When is the earliest he can sign the correct paper work to put his mind at rest to do do?
Carl - 17-Jul-17 @ 4:10 PM
Mi - Your Question:
HiMy husband has after being sentenced 6.5 years and serving 2.5 years of these been deported back to Pakistan. He has also been giving 10 years ban although he says he's banned for life( I am a little bit unsure of this). He is of Pakistani national whereas I am of Danish national who's lived in the UK for almost 4 years now. My question is, if we have a child, can my husband come back to UK before the 10 years ban is completed or do we have to wait for the 10 years to finish ?Thank youMia

Our Response:
I'm afraid the ban is mandatory and he would not be allowed into the UK regardless of whether you have a child together. The 10-year ban means your husband can apply after 10 years to return to the UK, it is up to Home Office discretion of whether to allow him re-entry.
AboutImmigration - 17-Jul-17 @ 2:45 PM
Hi My husband has after being sentenced 6.5 years and serving 2.5 years of these been deported back to Pakistan. He has also been giving 10 years ban although he says he's banned for life( I am a little bit unsure of this). He is of Pakistani national whereas I am of Danish national who's lived in the UK for almost 4 years now. Myquestion is, if we have a child, can my husband come back to UK before the 10 years ban is completed or do we have to wait for the 10 years to finish ? Thank you Mia
Mi - 16-Jul-17 @ 11:27 AM
I got sentence for 28 months for conspiracy to money laundering ,I served my sentence for 14 months I am a foreign national,I have indefinite leave to remain,I been in this country since 2002 But I been released on bail after serve my sentence even home office they don't give it to me right of appeal in country But I submit an application for JR Now last week my JR been approved now I am allowed to appeal in country(uk)now I am waiting for my case hearing date It's my first crime and I have british citizen wife and 2 kids they both are British nationals Can you please explain me what's going to next to me ? Still there is chances they can depot me to my home country? Can you please give some tips or advice at least I can stay with my family here and not to be deported.how many percent chances they are going to depot to me ? Thanks Regard
Raj - 9-Jul-17 @ 11:02 PM
Hi this is second time am going to immigration and both are all dismissed.Now my wife is pregnant for me and I Want toapply for upper tribunal because am tired of magistrates tribunal.We have married for over 4 years now and every appeal she hey dismissed they base the reason on the home office interview.Please what chances do I have now especially now my wife is pregnant fo me
Ander - 9-Jul-17 @ 11:59 AM
My ex partner is married but separated to another women. He's from Turkey and is a perpetrator of domestic abuse. He's assaulted 2 wives and myself. We conceived a child and he hit me whilst pregnant. I left. He continued to harrass me. I took him to family court for a Protective steps order and non molestation order as I feared he would abduct my child. It was adjourned because he was facing magistrates court for harrassment. He was sentenced to 18 weeks in prison serving half, and a 5 year restraining order. He has an indefinite leave remain, but what are the chances immigration will deport him upon release from prison? I've asked family court for no contact. He is in denial about what he's done to me and his previous wives and continues to blame us for him hitting us all. This man is clearly delusional and I'm concerned contact with my child will cause both me and her danger and harm. Thanks in advance.
whiteflower - 8-Jul-17 @ 7:02 PM
@Sam - it is highly likely she will be deported back to her home country and it's unlikely she will be accepted by any other country.
Uri - 7-Jul-17 @ 10:34 AM
dirt - Your Question:
My son recieved a 7 week sentence which is up on the 7/7/2017, he has ILR in the UK, he is now being sent to a deportation detention centre for deportation back to Soth Africa, he has also got severe mental health issues which started in 2013, he was in a mental health unit for 5 months and in assisted living for 12 months but has since had no help with his mental health and now faces deportation after a 7 week prison sentence for various minor criminal activities which I believe were brought n by his mental health which needs addressing asap.Please can you advise me on his rights.

Our Response:
I'm afraid this is beyond our remit to advise, you would need to seek independent immigration advice. Please see link here .
AboutImmigration - 7-Jul-17 @ 10:31 AM
@Missy - if your ex is given a prison sentence of 12 months or more, then he will be liable for deportation.
HJop - 6-Jul-17 @ 2:52 PM
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