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If you’re wondering if you can get your husband deported from the UK, the answer isn’t straightforward. There are specific conditions and legal processes involved. Here’s a simple breakdown to help you understand your options.
Deportation vs. Administrative Removal
First, it’s important to know the difference between deportation and administrative removal.
Deportation: This is typically for people who have committed serious crimes. If your husband has been convicted of a crime and sentenced to more than 12 months in prison, the Home Office can decide to deport him. Deportation usually comes with a ten-year ban from re-entering the UK.
Administrative Removal: This is illegal for people in the UK. This could include overstaying a visa, entering into a sham marriage, or working without permission. If your husband doesn’t have the right to be in the UK, he could be removed through this process, which might also come with a re-entry ban of 1 to 10 years.
| Aspect | Deportation | Administrative Removal |
| Reason for Removal | For the public good, usually due to a criminal offence | Lacks legal permission to stay, entered illegally, overstayed visa, sham marriage, or worked illegally |
| Trigger for Process | Conviction for a criminal offence and sentenced to more than 12 months in prison | Determined by the Secretary of State for the Home Department (SSHD) or an immigration officer |
| Who Can Be Removed | EEA and non-EEA nationals convicted of a criminal offence | Those in the country illegally, overstayers, sham marriage participants, illegal workers, and some family members |
| Notification Process | Home Office writes to the individual after their prison sentence ends | Determined by immigration authorities without the need for a criminal conviction |
| Return Ban Duration | 10 years | 1 to 10 years |
| Family Members Affected | Not typically affected | Family members (partner and/or child) who are not British citizens or settled in the UK may also be removed |
| Legal Basis | Immigration Act 1971 | Immigration and Asylum Act 1999, section 10 |
The Impact of deportation and administrative removal
Deportation and administrative removal are two ways the UK can force someone to leave the country.
Deportation is harsher because if you’re deported, you can’t return to the UK for ten years. Administrative removal used to be less strict, but now it can also result in a ban on returning to the UK for one to ten years.
Since April 6, 2015, the main rule for removing someone is section 10 of the Immigration and Asylum Act 1999. However, an older rule from the Immigration Act 1971 still applies.
Sometimes, a foreign spouse can be made to leave through administrative removal.
People often talk about “deportation” when they want someone to be kicked out of the country. However, most of the time, if someone is forced to leave, it’s done through administrative removal.
Additional Circumstances
we will discuss how a spouse or partner might help the Home Office remove the other party and when this might not be possible. Removing someone can be challenging.
If someone is being removed, they have certain rights. They can ask the upper tribunal of the Immigration and Asylum chamber to review the decision. The tribunal will check if the Secretary of State made a reasonable decision to remove this person.
By this time, the person facing removal might have lived in the UK for many years. They might have developed family or private life rights under Article 8 of the European Convention on Human Rights, part of the Human Rights Act 1998. They might have relationships and children in the UK.
The Home Office might know about these things but could still decide to proceed with the removal. If the tribunal review is successful, the person will likely be allowed to stay in the UK. However, they won’t be able to give oral evidence during this review.
Challenging a Decision
If a foreign spouse, partner, or civil partner is sentenced to more than 12 months in prison for a crime, they will likely receive a deportation order. After serving their sentence, they will be detained under immigration laws while awaiting deportation. Deportation is discretionary and punitive under section 5 of the Immigration Act 1971.
Although there isn’t an automatic right to appeal a deportation order, the deported individual may still have options to challenge it. They can appeal to revoke the order based on human rights claims, such as the impact on their family or private life under Article 8 of the Human Rights Act 1998. They might also argue that returning to their home country would endanger their life, subject them to inhumane or degrading treatment, or punish them severely, invoking Article 3 of the Human Rights Act.
These legal avenues can help the deported individual contest the deportation order and potentially remain in the UK.
What Can You Do?
If you think your husband is in the UK illegally or has broken immigration rules, here’s what you can do:
1. Check His Immigration Status: Find out if he has the right to stay in the UK. If he’s overstayed his visa or provided false information, he might be here illegally.
2. Gather Evidence: Collect any documents or proof that support your case. This could be evidence of overstaying, a sham marriage, or illegal work.
3. Contact the Home Office: Write a letter or email to the Home Office explaining the situation. Include his full name, reference numbers, and why you believe he should be removed. If it’s a letter, send it by recorded delivery.
4. Seek Legal Advice: Immigration law can be complicated. Getting advice from a legal professional can help you understand your options and strengthen your case.
Things to Consider
Even if you take these steps, it’s important to remember that removing someone from the UK isn’t easy. The Home Office will consider various factors, including whether your husband has children in the UK or other family ties. The children’s best interests will be a significant part of their decision.
Final Thoughts
Getting your husband deported or removed from the UK is a complex process with many legal hurdles. If you believe your husband shouldn’t be in the UK, understanding his immigration status, gathering evidence, and seeking legal help is crucial. Remember, each case is unique, and the Home Office will consider all the facts before deciding.
