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Deportation

Deportation Explained

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.

If you are unsure of your position or would like to ensure that your application is handled by a knowledgeable specialist, get in touch with one of our friendly team members now on 0203 384 4389 to find out exactly how we can assist you to get it right first time round, saving you time, money and the heartache of being refused.

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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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