Deportation UK | Advice & Assistance | Immigration Solicitors 4 Me
Are you or any of your loved one is at risk of being deported as the outcome of any criminal conviction or action? Worried about what is going to happen next? At Immigration Solicitors4Me, we do understand that deportation from UK could be both tough, challenging, and frightening. It is pivotal to avail the right legal assistance and support in such scenario and we have the ample experience of successfully challenging deportation orders and assisting people in getting what they want.
What Is Deportation?
In accord to the immigration Act 1971 sections 3(5) and (6), the state of state has the power to give an order for deportation against any criminal action of a foreign national. By the term deportation, it refers that the individual needs to leave the country and sanction their detention as well till their removal. If you are a foreign national who has been convicted of doing any crime in UK, there is a large possibility that you will be deported. In case of deportation from the UK, there is an added risk of getting banned from entry to UK for up to ten years.
Though, there are certain grounds for deportation.
A person can be deported if he or she is not a British citizen and is convicted of a criminal offence.
Under section 3(6) of immigration Act 1971, a foreign national can be deported if the criminal court gives a recommendation that he or she must be a part of the sentence.
Under section 3(5) of immigration Act 1971, a foreign national can be deported if the state secretary has decided that the deportation is going to be fruitful and rewarding for the public good.
Under section 32 UK Borders Act 2007 immigration law, a foreign national will be subjected to immediate deportation in case, if he or she is convicted of any criminal offence in the country and sentenced to 12 months or more period of imprisonment.
In such circumstances, do get the help and assistance from the best solicitors, Immigration Solicitors4Me available round the clock for the efficient and quick immigration, deportation and other solutions.
What is Challenging Deportation?
There are several grounds on which you can actually challenge the deportation, in case the exemptions do not apply on you. You might want to go for judicial review or challenge the decision. In case, you succeed on any one of the grounds, then you will no longer be deported from the country.
Under the UK human rights law, returning to your origin country will take you to be at risk. In case, deportation is going to take place, then your family members also need to trust on human rights. The examples of the human rights exclusions cover claims that are made under the Article 3 of the European Convention on Human Rights, which will be subjected to any inhumane, torture or degrading treatment on return to your home nation:
If you have lived in UK for a long time and your deportation means you will be separated from your family
If the deportation will breach the UK norms and obligations as per the UN convention on status of refugees 1951
If you are facing extradition or means to serve your sentence in a psychiatric institute under the Amended Mental Health Act 1983
If you are under 18 at the time of conviction. Minors deportation demands pretty serious grounds
If you have strong ties to UK
If you are an EEA national. Your rights might be breached on the basis of deportation and the protection will make it harder for the UK border agency to let you leave
In case, any of the grounds is applicable to you then there is a possibility to challenge your deportation. Immigration Solicitors4Me is there to help you in challenging your deportation and helping in the best possible way out. Our experts have wealth of experience and understanding of how to conclude the successful challenges in matters of deportation.
Is there any Exemption that could be applicable from UK Deportation?
In case, you fall under any of the exclusion then you will be exempted from deportation UK:
You are a British citizen
You have a right of abode or you are a citizen of Commonwealth who was primarily been a resident in UK as per dated on 01/01/1973
Before the offence or criminal action, you have lived continuously in UK for 5 years or more
To rely on any of the exemption, it is required to provide proper evidence of the same. To move forward with, it would be best to take the experts legal advice and support which can guide you throughout the legal process. Do contact our solicitors right away to know more.
What will happen if your deportation UK challenge is rejected?
The Home Office is going to provide you a letter with all information depicting how to leave the country. It will have the details whether or not you can appeal for the decision.
In case you can appeal – It is advised to seek legal advice from one of our expert solicitors they will look into your case and ascertain if the appeal is likely to be successful or not. The aspects that will be looked in this will include things like stronger connections and family in UK, going back to your country would be safe or not, deportation order is been against your nationality or ethnicity
In case you can’t make appeal – In this scenario, it might be possible to take your case for judicial review. It is needed to do this within 3 months of getting the Home Office’s decision. Check with our immigration solicitors to make an informed decision
How can Immigration Solicitors4Me assist?
In case, you get the deportation UK order from the UK State Secretary or Home Office, you have full right to contact with one of our reliable and expert solicitors to guide you in the legal matter. Our solicitors have both expertise and experience of helping people stuck in deportation and other legal concerns in an efficient way, applying for bails and making further appeals considering the situation and all.