Deportation from the UK implies being compelled to leave the United Kingdom and being barred from returning for at least ten years. It is used to deport non-British citizens convicted of criminal offences. If the Home Office wishes to deport you, you will be served with a notice of UK deportation. This is a letter outlining the reasons for the Home Office’s desire to deport you. There is no automatic reversal of deportation. A right of appeal is available only in the event of a denial of a Human Rights claim.
How to Defend Yourself against Deportation
At Henleaze Law, we focus on the relationship between the Immigration Rules, which took effect on 9th July 2012, domestic and European case law, and Article 8 of the European Convention on Human Rights, as they apply to cases involving deportation on the basis of public policy. We defend our clients against proposed deportation from the UK and educate them about the changes brought about by the Immigration Rules that took effect on 9th July. According to these rules, deportation will take place regardless of when the Notice of Intention to Deport or the UK Deportation Order was issued or served.
The new rules governing the evaluation of Article 8 cases in the context of deportation are classified into two categories:
- Those sentenced to at least four years in prison, for whom the public interest in deportation typically outweighs Article 8 considerations, except in exceptional circumstances; and
- Those whose deportation from UK is pursued on the basis of a sentence of less than four years but greater than 12 months, or because their deportation is in the public interest due to the offending having cause
It is necessary to determine whether paragraph 399 or 399 (a) applies in this category. If they do not comply, they will face deportation, except in exceptional circumstances.
Paragraph 399 pertains to family life situations and is applicable in the following instances:
- He/she has a genuine and continuing parental relationship with a child who is either British or has resided in the UK for at least seven years, and it would be unreasonable to require the child to leave the UK, and there is no other family member capable of caring for the child in the UK.
- He/she has a genuine and continuing parental relationship with a partner who is either British or has resided in the UK for at least seven years, and there is no other family member capable.
399 (a) is concerned with private life matters and applies in the following circumstances:
1) He/she has been a resident of the United Kingdom for at least twenty years and has no social, cultural, or familial ties to the country of origin; or
2) He/she is under the age of 25 and has spent at least half of his/her life in the United Kingdom, with no social, cultural, or familial ties to the country of origin.
It should be obvious that this raises the bar significantly and that many cases establishing that UK deportation would be disproportionate under Article 8 ECHR would fail to meet the requirements of these paragraphs and could only succeed under the Immigration Rules in extraordinary circumstances.
Despite the Secretary of State’s attempt to limit the application of Article 8 to the circumstances set out in the Immigration Rules, a series of Upper Tribunal decisions have established that the Rules do not satisfy all of Article 8’s requirements. We will use these cases if the Secretary of State threatens to deport our clients from the United Kingdom.
Is voluntary departure from the United Kingdom considered deportation?
Deportation UK is fundamentally different from voluntary departure from the UK or from removal from the UK, i.e. when the Home Office enforces your removal.
Deportation is the process by which someone is forcibly removed from a country for the “public good,” usually after serving a prison sentence in the UK. According to the Immigration Rules, if you are sentenced to more than 12 months in prison, your deportation from UK is deemed to be in the public interest.
When am I eligible to return to the United Kingdom following deportation?
If you have been deported from the UK at any point, you must apply in writing for a revocation of the UK Deportation Order and wait for the outcome before returning to the UK or applying for entry clearance. Revocation applications may be made at any time and will take the form of a letter or representations from a solicitor. Revocation of a Deportation Order is normally not permitted unless the situation has significantly changed since the Deportation Order was issued.
Paragraph 391 of the Immigration Rules confirms that if a person is convicted of an offence for which a sentence of less than four years is imposed, ten years must have passed before the Deportation Order can be revoked.
Can you be deported from the UK if you have a child?
Having a British child does not ensure that you will avoid deportation from the UK. The starting point is that the Home Office has a legal obligation to promote and safeguard a child’s welfare, but they frequently argue that there is no evidence that the child’s welfare will be harmed by the parent’s deportation, and that you must demonstrate that the child will suffer harm if the parent is removed.
Could I face deportation if I am convicted of a crime in the United Kingdom?
Deportation is a statutory power conferred on the Home Secretary, and an individual who is not a British citizen may be subject to it if it is deemed to be in the public interest. If you are served with a Deportation Order, you will be required to leave the United Kingdom. The Order authorizes your detention until you are deported, prohibits you from reentering the country while it is in effect, and nullifies any leave to remain you had prior to the Order’s issuance.
Can a British citizen be deported?
The Secretary of State for the Home Department may seek to annul or deprive you of your citizenship. Nullity occurs when the Home Office discovers that the applicant was not the genuine person to be granted British citizenship, implying that citizenship was never granted in the first place. The other method of robbing someone of their British citizenship is through deprivation. Under section 40 of the British Nationality Act 1891, the Home Office has the authority to deprive someone of their British citizenship on the grounds of fraud, false representations, concealment of material facts, or for the public good.
It is in the public interest if an applicant is involved in terrorism, serious organized crime, or war crimes, for example. To deport a British citizen, the Secretary of State must first strip them of their nationality, as long as this does not result in statelessness.
Until recently, the ability to deprive someone of their British citizenship on the basis of their behavior was almost unheard of, but legal constraints on this power have loosened over time.
How Can Henleaze Law Help You
Our expert lawyers will look into your case to find a way to defend your UK deportation. We will also guide you on what to do and what not to do to control your current situation. Deportation is a serious situation that should be dealt only with expert guidance or advice, or else you can risk losing your chance to stay in UK.
