UK Deportation and Removal

Deportation is usually only applicable when a foreign national has a criminal conviction. Deportation can be ordered in the following circumstances:

• Where a court recommends deportation of an individual who is over the age of 17 and has been convicted of an offence which could be punishable with imprisonment
• If the Secretary of State believes the individual’s deportation is for “the public good and in the public interest”
• If an individual is under 18 and is the spouse, civil partner or child of a deportee

If you have broken the conditions of your immigration status, you could be detained and removed from the country.

Administrative removal can be ordered when an individual has:

• Submitted an immigration application to stay in the UK which has been refused
• Overstayed their permission to remain in the UK
• Broken the rules of the immigration status they have been living under

If the Home Office has decided that an individual should be deported or removed from the UK, they will be notified in writing. You can challenge the decision of the Home Office by explaining why you believe you should stay in the country. However, it is essential to bear in mind that you are not automatically entitled to the right of appeal to challenge a deportation order.

A deportation order can be appealed against on the grounds of a breach of human rights through the UK’s Human Rights Act 1998. Also, if you are eligible to apply for asylum, you could challenge an administrative removal order.

If an individual wants to appeal against deportation or removal, they must do so within 28 days of receiving the deportation or removal order. If a person is already in detention, they must submit an appeal within 5 days.

If you wish to make an appeal, it is crucial that you receive guidance from an experienced immigration law firm. The Immigration Advice Service can provide emergency assistance if you are facing deportation or removal. We can help you formulate an appeal to challenge the decision and will support you through the entire process.

What Happens if my Appeal is Successful?

You must make your appeal within 28 days, or 5 days if you are already in detention.

If the appeal is successful and the deportation order is lifted, you can apply for entry clearance or seek “leave to enter” once you arrive at a UK port of entry.

What Happens if my Appeal fails?

If your first claim fails but you can produce further evidence of your right to remain in the UK, you can make another appeal.

On the other hand, if you have no right to appeal the Home Office’s decision, you can make a judicial review application, including an injunction to stop the deportation order. If you want to learn more about this option, our immigration lawyers will be happy to help.

If you cannot make any more appeals and you do not wish to leave voluntarily, the Home Office will immediately make arrangements to take you out of the country. Once you have been removed from the UK, you will not be able to return to the country for 10 years.

It usually takes a while for the Home Office to arrange your deportation. During this time, you will have to visit an immigration reporting centre every two weeks or once a month.

If you only have a short timeframe before you are being removed or if the authorities believe that you might try to avoid being deported, you will be taken to a detention centre. This can happen at any time unless you are pregnant or exempt because of your mental health. For this reason, you should always make sure that you have all your documents with you, such as copies of your applications and refusal decisions.

While you are in a deportation centre, you still have the right to have visitors, receive calls, use the Internet and communicate with the outside world. In addition, you may be able to apply for bail.

If you are in an immigration removal centre or detention centre, you can apply for immigration bail. Depending on your circumstances, you can either submit a Home Office Bail or a First-Tier Tribunal Bail.

You will be granted the right to apply for bail only after spending at least seven days in detention. If your application is successful, you will be “released on bail”, and allowed to leave the immigration removal centre.

If any of your friends or relatives are currently facing detention, our professional immigration lawyers can offer you all the support needed to submit a bail application. Although we cannot guarantee or predict the outcome of your claim, we are committed to providing only our best guidance, to ensure that your case is handled with care.