Deportation UK | Advice & Assistance
Do you or any of your loved ones are at risk of being deported from the UK 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 a scenario. Our competent and experienced immigration solicitors are capable of successfully challenging deportation orders. In order to confirm your eligibility and avail free “No obligation Assessment”, please contact us on 0208 124 3222.
What Is Deportation?
In accord to the immigration Act 1971 sections 3(5) and (6), the secretary 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 any crime in the UK, there is a possibility that you may be deported.
In case of deportation from the UK, there is an added risk of getting banned from entry to the UK for up to ten years.
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 the 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 the 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 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 help and assistance from the best solicitor. Here at Immigration Solicitors4Me, we are available round the clock for efficient and quick immigration, deportation, and other solutions.
How to Challenge Deportation?
There are several grounds on which you can actually challenge the deportation, in case the exemptions do not apply to 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 country of origin may put your life at risk.
The examples of the human rights exclusions cover claims that are made under 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.
Grounds for Challenging the Deportation
- If you have lived in the 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 the 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.
Our experts have a wealth of experience and understanding of how to challenge deportation in a successful manner.
Exemption against UK Deportation
In case, you fall under any of the exclusions (Exemption against UK Deportation) then you will be exempted from deportation UK:
- You are a British citizen
- You have a right of abode
- You are a citizen of Commonwealth who was primarily been a resident in the UK as per dated 01/01/1973
- Before the offence or criminal action, you have lived continuously in the UK for 5 years or more
To rely on any of the exemptions, it is required to provide proper evidence of the same. To move forward, it would be best to take the experts legal advice and support which can guide you throughout the legal process.
ImmigrationSolicitors4Me is there to help you in challenging your deportation and helping in the best possible way out. Do contact our solicitors right away to know more.
What if the Application against Deportation is rejected?
The Home Office is going to provide you with a letter with all information regarding how to leave the country. It will have the details of whether or not you can appeal to the decision.
• In case you can appeal
It is advised to seek legal advice for immigration deportation cases in the UK from one of our expert solicitors they will look into your case and ascertain if the appeal is likely to be successful or not.
- Stronger connections and family in the UK
- Going back to your country would be safe or not
- The deportation order is against your nationality or ethnicity
• In case you can’t make an Appeal
In this scenario, it might be possible to take your case for judicial review. There is a time limit of 3 months from the date of the Home Office decision. Check with our immigration solicitors to make an informed decision
How we can Help?
In case, you get the deportation UK order from the UK State Secretary or Home Office, you have full right to contact one of our reliable and expert solicitors to assist you in your deportation matter.
Our solicitors have both expertise and experience in helping people facing deportation and other legal concerns in an efficient way. We specialize in immigration bail applications and making further legal representations under section 120.
Deportation from the UK
How does a person get deported from the UK?
The process to deport someone from the UK begins as soon as a person has been arrested and placed in police custody.
It is usually carried out by air, but where the individual cannot travel by air an escort will be provided and they could go by sea or rail.
Deportation Order can be enforced either immediately after serving a prison sentence, or after a person has been released from prison on a license.
In the case of criminals, it will be enforced immediately upon release from custody. In all other instances, deportation is only enforced once the individual has completed a prison sentence and any license period - unless they voluntarily agree to leave earlier. A person can also be deported before their trial if their home country is willing to take them back.
The Home Office can detain an individual if it believes their detention is necessary for deportation, even if they have not yet been convicted of any crime. If the individual has completed a prison sentence there can be no immediate deportation without the consent of the person's home country - but this can be overruled by the courts later on, where it is deemed that release would be too much of a risk.
If someone waives their right to appeal against removal or refuses to leave voluntarily, then enforced deportation will begin around 10 days after verdicts are reached in their latest case before magistrates or crown court. If the person appeals, they will usually remain in immigration detention until the outcome of their legal challenge.
If an individual loses an appeal or is otherwise unsuccessful in their bid to remain in the UK then they are deported.
It used to be that detained individuals who were about to be removed from the country were held at Harmondsworth Immigration Removal Centre near London Heathrow. That is now only true for those whose deportation is urgent due to exceptional circumstances - such as a person's life being under threat if they fly. Most people now pass-through Colnbrook Immigration Removal Centre near Heathrow before they are deported. The majority of removals take place on commercial flights but occasionally charter planes may be used instead.
What is the meaning of deportation in law?
"The removal and expulsion of an alien from a country." Black's Law Dictionary, Sixth Edition.
From which countries do we deport people?
We deport people to their home countries, or to other countries where they have legal right to live; those deported may be forced to sign a document agreeing not to reenter the United States without permission. UK immigration law provides for deporting any alien (a person who is not a citizen of the United States) that was admitted into this country illegally, or has violated the terms under which he/she was admitted; we also deport resident aliens if they violate criminal laws and cause harm in this country.
There are many ways illegal immigrants can end up in deportation proceedings: entering the UK without a visa, using false documents to gain entry into the UK, overstaying their visa, or getting arrested and convicted of a crime.
Is deportation a punishment in the UK?
UK deportation is considered one of the most important processes for removing foreign nationals who are not allowed to remain in the UK. This is because it's normally mandatory for every foreigner to leave the country after his or her visa expires unless there are exceptional, humane or compassionate circumstances. Failure to abide by this law can lead to arrest and jail time. The process of deportation begins only when the Home Office serves notice of one's liability for deportation on an individual who is already not supposed to stay in the UK due for any reason. If he refuses to return back voluntarily then he will be forcibly removed from the country under escort which may take place immediately or within 2 months.
What crimes make you deportable in the UK?
As a result of changes implemented on the 29th of April 2013, most foreign nationals who are convicted of a criminal offence in the UK, with a sentence of fewer than 12 months will be automatically deported from the UK. Please note that this is regardless of your immigration status or whether you have been lawfully admitted to the UK.
In addition to being subject to automatic deportation as a result of receiving an imprisonment term, certain crimes also make individuals eligible for mandatory deportation. In order for such individual's leave to remain status in one – or expired – they have fallen into one or more of these categories: - Drug offences - Human trafficking - Willful neglect leading to death/serious injury - Offensive behaviour - Driving offences - Sexual offences- Homicide and attempted murder - Theft and handling
Offences that may be considered "crimes of moral turpitude" and lead to deportation:
Acts contrary to the purposes and principles of the United Nations (UN) or 'Deeply Flawed' Criminal conduct.
- Any activity undermines society.
- Sexual crimes such as rape, sexual abuse, incest, buggery, bestiality etc. Such offences should render the individual liable for automatic deportation. This category does not include sexual acts between consenting adults.
- Offences against public justice such as perjury, escaping from prison etc. These offences should also make individuals liable to automatic deportation albeit if they were sentenced to a term in excess of 12 months imprisonment.
- Impersonation of a person and offences under the Identity Cards Act, titles and offences created or altered by immigration law.
- Terrorism and terrorist-related activity.
Please note: if you have been convicted of more than one criminal offence, all such offences will be considered in the context of your overall criminality. This means that even if some sentences were less than twelve months, the fact that you received multiple sentences may still make you liable for automatic deportation. In addition to this, any sentence which is combined with a sentence of twelve months or more may also lead to your removal from the UK.
What crimes make you deportable in the UK?
In the UK, a person who is not a British citizen can be deported or refused entry to the country if they have been convicted of a "particularly serious crime" that makes them “not conducive to the public good”. A person may also be deported if they are considered to be an illegal immigrant. While these rules affect everyone equally, there are some notable exceptions - such as EU nationals and people with dual citizenship.
