UK Deportation Issues

You should consult one of our qualified immigration attorneys for advice if you are at risk of UK deportation or removal from the UK.

Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

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Will you be removed from the UK or deported?

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 are well experienced in producing favourable and formidable arguments on behalf of our clients to stop them being deported.

What the law says about who should be deported?

Deportation 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 (deportation) 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 0203 384 4389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Stopping deportation for those sentenced 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 and we can show that 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 in your home country.

Our experienced UK immigration Solicitors can help you with your immigration process.

What is Free Needs Assessment?

Those who have been sentenced to more than 4 years in prison have a tough journey ahead to battle deportation and the Home Office require a very persuasive argument to change their minds. The strength of the challenge will rest on our ability to demonstrate that you have very strong compassionate grounds that prevent you from being deported. We must be able to convincingly argue that deporting you will result in unduly harsh burdens on your partner, children or your health.

Put simply, a challenge against deportation or removed from UK would be mounted on the basis that the Human Rights Act affords you the right to a family and private life and deporting you would result in these rights being breached. It must however be appreciated that the Home Office and Judges must apply various tests to establish whether the reasons why you should be deported are are stronger than the reasons you should not be.

The court (first-tier tribunal) must balance the two arguments and determine whether the deportation issue and the effects on the applicant’s family should take priority over the need to prevent crime and disorder and respect immigration control procedures.

Although there is no magic formula, your chances of stopping deportation are greatly assisted if you are a financially independent english speaker who has been previously been living lawfully in the UK.

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.



Deportation from the UK generally means the person can’t return for 10 years. This means the person cannot apply to return to the UK for 10 years after being sent away. Deportation can significantly affect the person being sent away and their family in the UK.

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.



Removal” is a general term in the United Kingdom that refers to expelling an unauthorised person, including visa overstays. By national security concerns or individuals who have received severe criminal convictions, “deportation” is a distinct legal procedure.

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