Deportation from UK
You should consult one of our qualified deportation immigration lawyers for advice if you are at risk of UK deportation or removal from the UK.
Simply call us at 02033844389 if you need help with your visa. You can also fill out the online form here.
Overview of Deportation from UK
If you are deported, you have to leave the UK and can’t come back for at least 10 years. It is used for people who are not British citizens and have broken the law. If the Home Office decides to send you back to your home country, they will let you know. This is a letter from the Home Office that tells you why they want to remove you. There is no natural way to stop someone from being deported. You only have the right to appeal if your Human Rights claim is turned down.
Suppose the Home Office has notified you that they may issue a deportation order. In that case, you should get legal guidance from an expert immigration lawyer, such as those at UK Immigration Solicitors. You can protect your right to remain in the country and understand your legal choices with the help of a professional immigration specialist.
Will you be removed or deported from the UK?
Anybody who is subject to immigration control officially declares that they accept the UK’s terms of residence/entry. They also declare that they understand that the Home Office is able to remove them from the UK through a process called deportation if they are convicted of criminal offences or, controversially, if the UK Government believes that they are not ‘conducive to the public good’.
Only non-British citizens can be deported and deportation affects those with criminal convictions or ‘bad characters’. If you are an over-stayer or have breached your visa conditions, you will normally be removed through a process called administrative removal.
This is a very complex area of law and early preparation is the key. Having the assistance of an experienced immigration solicitor may literally make the difference between you being able to live life as you know it in the UK, or you being deported to where the Home Office considers ‘home’ should be. The argument against deportation issue is a fierce one and the team at UK Immigration Solicitors is well experienced in producing favourable and formidable arguments on behalf of our clients to stop them from being deported.
Our experienced UK immigration Solicitors can help you with your immigration process.
What does the law say about who should be deported?
Deportation from UK matters are often complex and the ‘notice of decision to deport’ will set out the legality of the Home Office’s decision to deport you and explain how the law applies to your specific circumstances. In general, the laws are designed to establish whether the decision to deport is in the public interest.
The law states that it is in the public interest to deport foreign nationals who:
Have committed criminal offences and have been sentenced to a minimum total period of 12 months in prison during the previous 5 years, or the offence has caused serious harm, or they are a persistent offender.
Speak to our assessment team now to confirm your eligibility and options for free on 02033844389
Our experienced UK immigration Solicitors can help you with your immigration process.
What is the Deportation Process UK?
A written notice from the Home Office called a “Notice of intention to deport,” is generally the first step in deportation from UK. Foreign criminals who are serving their terms are sent this letter explaining why the Home Office wants to send them back to their home country.
As soon as the person gets the deportation letter UK, they have the chance to give any reason why they shouldn’t be removed. The Home Office will then look at these reasons and decide if the removal process in the UK will go ahead or not.
If the Home Office decides to remove someone, it will send out both a refusal decision and an order to deport the person. But if the choice to refuse to deport someone is based on human rights or protections, that person will be able to appeal the decision.
After that, the case can go to the First Tier Tribunal for an appeal to a judge. As soon as the person gets the notice of desire to deport, they have 14 days to file an appeal with the First Tier Tribunal. The Immigration Judge will then hear the appeal and rule if the deportation is legal or not.
At UK Immigration Solicitors, we know how hard it is to get deported and have a lot of experience helping clients through every step of the process. We make sure that our client’s best interests are always looked after by giving them expert advice and support.
If you or someone you know is facing deportation and needs help, please contact us at 02033844389 for more information. Our team of skilled immigration lawyers is here to help you through the whole process of being deported on immigration grounds in the UK.
Our experienced UK immigration Solicitors can help you with your immigration process.
Stopping deportation for those sentenced to up to 4 years in prison
‘Qualifying Child’
If you have a child who is under 18 who is either a British Citizen or has been living continuously in the UK for at least seven years we can show that your deportation would make it unduly harsh for the child to go with you or stay in the UK without you, we may be able to stop your deportation on this basis.
‘Qualifying Partner’
If you previously held settled status in the UK through British Citizenship, Indefinite Leave to Remain or Permanent Residence and began a relationship whilst you were legal, we may be able to argue that you are a ‘qualifying partner’ and subject to being able to demonstrate that it would be unduly harsh for your partner to go with you or stay in the UK without you, we may be able to stop your deportation on this basis.
‘Human Rights ‘ – Private Life
If you have been lawfully residing in the UK for most of your life, and you are socially and culturally integrated into the UK, we may be able to demonstrate that deportation causes serious problems and prevents you from being able to integrate into your home country.
Our experienced UK immigration Solicitors can help you with your immigration process.
What is the difference between Voluntary Departure and Forced Departure UK?
People can be sent back to their home country in two main ways, according to UK repatriation law: voluntary or forced (against their will). Non-nationals in the UK should be aware of the big differences between the two.
Voluntary Departure UK
The UK government offers voluntary departure, also known as voluntary deportation UK, as a way to send back people who are in the country illegally or who have overstayed their visas. With this choice, those people can leave the country on their own, without being forced to.
People can usually leave the country on their own after being given a letter of desire to remove. This letter explains why the government thinks the person should leave the country and what will happen if they don’t.
When people are deported from the UK, voluntary deportation is better than forced deportation because it lets people leave on their own time and may keep them from being banned from entering the country again in the future.
Forced Deportation UK
When someone is forced to leave the UK by the government, this is called forced deportation from the UK. This usually happens when the Home Office decides that the foreigner has committed a major crime, is a threat to national security, or is a danger to the public.
When someone is deported against their will, they are generally held by the government until their deportation can be set up. People are often taken to detention places, where they don’t have easy access to lawyers, family, or friends. This can be a traumatic and stressful experience.
One big difference between leaving on your own and being deported against your will is how it affects your ability to come back to the country. People who are removed against their will often can’t come back to the UK for a while, and in some cases, they may not be able to come back at all.
Our experienced UK immigration Solicitors can help you with your immigration process.
If you get a deportation order, what are your options?
Receiving a removal order from the Home Office can be a scary and stressful time. If you don’t want to be kicked out of the country, you can explore legal choices. Talking to well-known immigration lawyers, like us, can help you understand your rights and the proper ways you can appeal the decision.
The first thing that should be done is to challenge the UK removal order. Before you do that, you need to make sure that you don’t fall under any of the exceptions to removal. If you do, an immigration lawyer can help you ask for your case to be looked at again and give you proof to back your exemption.
People can’t be deported from the UK in certain situations. Specifically, those who have been in the UK for a period of five years or since January 1, 1973, individuals who are citizens of the United Kingdom, citizens of the British Overseas Territories, and citizens of the Commonwealth or Ireland may be protected from deportation. Also, people who have a right to abode may not be affected. Knowing about these exceptions can help foreigners understand their rights and possible choices if they are being deported.
Our experienced UK immigration Solicitors can help you with your immigration process.
What Should I Do If the Appeal Doesn't Work?
You can ask for a judicial review (JR) if you can’t get an appeal against a removal order in the UK. A JR is a legal route that lets people question the legality of a decision made by a government agency, like the Home Office. In a deportation case, a person can say that the choice was made illegally or that their basic rights were violated.
However, asking for a court review is a difficult and costly process that should only be done after talking to an experienced deportation lawyer. Remember that the court can turn down the case if it doesn’t meet certain requirements or if there aren’t any good reasons to review it. Still, a judicial review may be the last chance for people who have tried everything else in the legal system to fight a UK deportation decision and get justice.
Our experienced UK immigration Solicitors can help you with your immigration process.
Can British citizens be deported?
If you don’t pay your taxes, the Secretary of State for the Home Department can try to take away your passport. The Home Office finds nullity when they discover that the person applying for British citizenship was not the real person who should have been given citizenship. This means that citizenship was never given in the first place. The other way to take someone’s British status is to stop them from having it. Part 40 of the British Nationality Act 1891 says that the Home Office can take away someone’s British citizenship if they have been guilty of fraud, making false claims, hiding important facts, or if it is for the public good.
If an applicant is involved in terrorism, significant organised crime, war crimes, or other similar activities, it will benefit the public. Prior to deporting a British citizen, the Secretary of State must first take away their citizenship, as long as this does not leave them without a country to live in.
Until recently, it was almost unheard of for someone to lose their British citizenship because of how they behaved. However, over the years, the law has become less strict about this right.
Our experienced UK immigration Solicitors can help you with your immigration process.
Does UK voluntary departure constitute as deportation?
Deportation is not the same as leaving the UK on your own or being expelled from the UK by the Home Office.Â
For the “public good,” someone is deported when they are sent back to their home country after serving a prison term in the UK. If you are given a prison term of more than 12 months, the Immigration Rules say that you should be deported because it is in the best interest of the public.
Our experienced UK immigration Solicitors can help you with your immigration process.
When may I return to the UK after deportation?
If you were sent away from the UK at any point, you must ask in writing for the Deportation Order UK to be revoked. You must then wait for the result of the revocation request before you can travel back to the UK or apply for entry clearance. Anyone can ask for the cancellation of a Deportation Order at any time. The cancellation request can come in the form of a letter or a lawyer’s statement. Usually, a Deportation Order can’t be taken back unless there have been big changes since the order was made.
In line with paragraph 391 of the Immigration Rules, if someone is found guilty of a crime and given a sentence of less than four years in jail, 10 years must have passed before the Deportation Order can be revoked.
Our experienced UK immigration Solicitors can help you with your immigration process.
Could a UK criminal conviction lead to deportation?
The Home Secretary is legally allowed to deport people who are not British citizens if it is thought to be in the public’s best interest to do so. You will have to leave the UK if you are given a Deportation Order. You will be detained until you are sent back to your home country, and you will not be able to come back as long as the Order is in effect. Any leave to stay you had before the Order was made will also no longer apply.
Our experienced UK immigration Solicitors can help you with your immigration process.
Cases where you can stay in the UK after deportation
In some cases, people can’t be sent back to their home country from the UK. Some of these are:
- If someone meets the above-mentioned criteria for not being deported to the UK,
- they can challenge or appeal the Home Office’s decision to deport them,Â
- they can get an injunction to stop their removal from the UK,Â
- or they can show that their removal would violate the UK’s obligations under the European Convention on Human Rights.
Our experienced UK immigration Solicitors can help you with your immigration process.
How Can UK Immigration Solicitors Help?
We at UK Immigration Solicitors know how terrifying and difficult it is to be threatened with deportation from the UK. That’s why we have a group of very skilled lawyers who focus on different areas of immigration law, such as Home Office removals. We want to help you understand the complicated UK immigration law, and we will do everything we can to protect your rights and interests and those of your family.
First, our immigration lawyer will look over your case and the grounds for removal. We will completely understand your unique situation and suggest the best course of action that is tailored to your case. This could mean appealing the Home Office’s ruling if we think there are good reasons to do so.
Our team has a history of successfully challenging removal orders and overturning Home Office decisions. We will look into what happened with you that led to the removal order and let you know if you can successfully appeal the Home Office’s decision. If we decide that you are eligible for a judicial review, we will fight to protect your rights and question the legal reason for your expulsion. Call us now at 02033844389.
Table Of Contents
- Overview of Deportation from UK
- Will you be removed or deported from the UK?
- What does the law say about who should be deported?
- What is the Deportation Process UK?
- Stopping deportation for those sentenced to up to 4 years in prison
- What is the difference between Voluntary Departure and Forced Departure UK?
- If you get a deportation order, what are your options?
- What Should I Do If the Appeal Doesn't Work?
- Can British citizens be deported?
- Does UK voluntary departure constitute as deportation?
- When may I return to the UK after deportation?
- Could a UK criminal conviction lead to deportation?
- Cases where you can stay in the UK after deportation
- How Can UK Immigration Solicitors Help?
- Frequently Asked Question (FAQ's)
Our experienced UK immigration Solicitors can help you with your immigration process.
Frequently Asked Questions (FAQs)
Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.
If you break the rules of your leave, overstay your visa, or lie on your application, you could be sent back to your home country and probably won’t be able to return. Because of what you did that made the Home Office decide to remove you, the ban could last anywhere from one to ten years.
Deportation is the formal process of taking a foreigner (an immigrant) away from the United Kingdom against their will. If a migrant has broken the law or is seen as a threat to the public good, the Home Office can start the removal process.
Having a child in Britain does not mean you will not be removed. The Home Office is legally required to promote and protect the welfare of a child. However, they often say that there is no evidence that the child’s welfare will be affected by the parent being deported and that you must prove that the child will be hurt if the parent is removed.
If someone is deported from the UK, they are usually prohibited from re-entering the country for a decade. This will prohibit the individual from seeking to return to the UK for ten years after expulsion. Deportation may have severe effects on both the individual facing removal and their family in the UK.
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