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Deportation Cases

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.

In practice, once you have been deported, you will be unable to re-enter the UK lawfully for a considerable amount of time (approx 10 years). Unless you are able to convince the Home Office to allow a lawful re-entry. If the Home Office wants to deport you, they will send you a written notice called a ‘Notice of Decision to Deport’. This is a letter which will set out the reasons why the Home Office believes you should be deported. Quite often, this letter will be accompanied by an official ‘Deportation Order’.

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 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.

Speak to our assessment team now to confirm your eligibility and options for free on 0203 384 4389.

Further Information

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 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.

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 deporting you will cause serious problems and prevent you from being able to integrate in your home country.

Stopping deportation for those sentenced over 4 years in prison

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 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 deportation and the resulting 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.

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What is the benefit of using UK Immigration Solicitors?

Immigration rules are complex and subject to regular changes and revisions. This itself presents problems as it is the applicant’s responsibility to ensure they are aware of and have complied with any changes to the routes, processes and evidence requirements. 

Failure to meet strict rules is likely to result in the application being refused which, in turn, is likely have an emotional and financial strain on you and your family. 

It is our job to ensure we are fully aware of the latest immigration rules, policies and procedures. We don’t leave matters to chance. Once you become a client of ours, we explain our strategy and tell you exactly how we propose to get you the right result. We will pinpoint the positives and negatives of your circumstances and explain where issues may arise and what would need to be done to fix them. We provide step by step guidance and advice throughout the entire process professionally. Our vast experience allows us to foresee problems before they arise and pro-actively adopt a strategic action plan.

Our legal fees are always agreed and fixed with you right at the beginning of your case, so you have complete peace of mind and control over the costs to ensure there are no restrictions or unpleasant surprises.

There are many online agencies, advisors and marketing companies who claim to be immigration experts but, provide very little expertise.

Let us be very clear here, if you are paying for someone just to fill in the forms for you, you should think about how you can put that money to better use and avoid gambling with your future by using inexperienced and ineffective companies.

We are a fully regulated nationwide, multi award winning law firm that specialises in immigration. Having more than 60 years of combined expertise and having handled more than 8,000 cases we have unrivalled experience and expertise to ensure you get the right result first time around – Don’t take our word for it though, check out our reviews to see why our clients trust us with their futures. We are rated 5* across the board and 98% of our clients have confirmed that they would recommend us to others. *

We have illustrated our typical scope of service below so you can understand what we do for you as paid of our service:

 

  • Our immigration specialists carry out a free detailed assessment with you to understand your circumstances and needs.
  • The collated information is then reviewed by a senior immigration solicitor who will have no less than 8 years’ immigration experience.
  • Based on the information collected, the senior solicitor will then confirm what your options are and will also confirm if we are able to help you.
  • We will offer you an Agreed Fixed Fee quotation for us to handle your entire case until initial conclusion without obligation. 
  • If we have officially taken your instructions, we will create a client file for you and collect detailed initial information.
  • We will then ensure you receive a personalised one-to-one legal consultation with a senior immigration solicitor who will take your full instructions by exploring your circumstances in detail and advise you on the best way to meet your objectives. The solicitor will explain the relevant legislations and provide you with advice on the steps that we would need to take to get a successful result.
  • The senior solicitor who carried out your legal consultation will then send you detailed written legal advice explaining everything that needs to be done and which documents will be required as part of the process. We will tell you about any problem areas and formulate a strategy to overcome/mitigate these. 
  • We will carefully review any documents that you have provided in support of the application. These documents are then validated and formatted to ensure that they meet the UKVI specified evidence requirements. Where they do not, we will explain what needs to be done to address the issues.
  • Where required, we will prepare any necessary written legal arguments or representations that are required to support your application and gain an approval. Often, we may be required to make discretionary submissions.
  • We will complete a draft application and share this with you to ensure that all parties are happy with the representations that will be submitted to the Home Office.
  • We advise you on what application processing routes are available. In some cases, there are fast track or premium processing routes available. We may be required to book a Home Office appointment on your behalf.  Will also be able to confirm typical processing times for any processing centre in the world. We explain all options, routes and fees comprehensively allowing you to make the best choice.
  • We lodge the application on your behalf using our secure authenticated processes. Whilst your application is pending, we continue to ensure you receive maximum legal protection and ensure that your rights and allowances are upheld throughout the processing stage. We ensure that you are aware of and remain compliant with the immigration rules and regulations during this period. We will also keep you updated on the progress of your matter.
  • If any follow up work is required in response to any queries raised by the UKVI, we will also deal with these as part of the comprehensive service.
  • We secure a decision on your matter and further advise you on the relevant implications of that decision. If required, we will also confirm if any secondary applications are required and brief you on the necessary process and procedure for those also.

Why should I use UK immigration solicitors to help me?

Here are just some of the reasons to choose us:

 * We are the UK’s #1 Immigration Specialist Law Firm

* We are a fully SRA regulated law firm so you are working directly with our in house legal team

* No agencies, middlemen or outsourcing

* We have achieved 99% success rate across all application types

* We have a 24 hour helpline that operates 7 days a week – 365 days a year

* We have multiple offices across the UK but 90% of our clients are not required to visit in person

* We have more than 60 years combined immigration expertise

* Our team have handled more than 8,000 cases

* We offer a free initial assessment which will explain your options and check your eligibility for your chosen route

* We operate a 100% Agreed Fixed Fee model with all fees fixed and agreed before work is started

* 98% of our clients would recommend us to family & friends

* Our average rating is 4.6/5 across major review platforms (based on over 300 reviews).

What is a free needs assessment?

If you have an immigration related problem or question, you can have a free assessment with a member of our assessments team.

The assessor will establish why you are calling and what you are looking for assistance with. The assessor will ask you a series of questions to determine your circumstances in relation to your objectives.

The assessment is 100% private and confidential. As we are a private law firm, we work with our clients to overturn Government decisions daily. We do not share any information with any third party.

Although the assessor will be a trained immigration specialist, they are not solicitors and therefore will not give you detailed legal advice or guidance.

If you want to establish what your options are and the best way forward for you, your assessor will collate the necessary information and then speak with one of the resident senior solicitors at the firm to determine what your options are, if and how we could assist and confirm whether we would be prepared to take your case. If we can assist, you will be provided with an Agreed Fixed Fee quotation which is a single legal fee to cover the firms cost of representation agreed from the outset and binding for all parties.

The free assessment is no obligation and you are merely given clarity on your position and options to move forward.

If you have a complex matter or require legal advice regarding a specific issue, you will most likely require a legal consultation.

This is a separate service and is chargeable at the prevailing rates.

Please note, UK Immigration Solicitors are a private law firm and are not part of the Government. We do not accept legal aid instructions. Although we are happy to assist genuine callers, we are not a directory service and sadly are unable to provide you with Government telephone numbers.

To get started you can either call us on 0203 384 4389 or complete the assessment form and one of the team will call you

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