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Deportation Appeal Solicitors

Being handed a deportation order for anyone living in the UK can be a deeply traumatic experience.

Most adults living in the UK will have followed the Windrush scandal, looking on with horror, and you may be feeling something similar now, facing an uncertain future and deportation from your home – perhaps the only home you’ve ever known.

Receiving a deportation order is extremely stressful especially if you’re not aware of what triggered it, believe it is unfair, or that it is a mistake.

If you want to appeal against a deportation or removal order you’ll need to act quickly. With the right legal support and advice, you can fight to stay in the country – we can help.

Get in touch with our expert immigration and deportation appeal solicitors today to discuss your case.

What are the UK’s deportation rules? 

Deportations are sadly a common occurrence in the UK. The Migration Observatory found that in 2019 there were over 7,400 enforced migrations, meaning deportations when the euphemistic language is removed. This was the lowest reported number on record, however, this reduction has been linked to a response to the Windrush scandal in which more than 160 Windrush generation British citizens were potentially wrongly deported to the Caribbean.

Immigration law shapes how deportations in the UK are managed. Part 13 of the Immigration Rules states that deportation can be considered when the Secretary of State believes someone’s deportation is ‘conducive to the public good’.

What is a deportation order?

A deportation order is a legal order that requires a person to leave the United Kingdom and be detained until a ‘notice for deportation’ can be obtained to facilitate the process. 

Part 13 of the Immigration Rules also prohibits the subject of a deportation order from re-entering the UK for the duration of the deportation order, and it wipes out any permission to enter or remain in the UK given before the order.

The two main pieces of legislation that govern deportation in rules in the UK are:

• Immigration Act 1971, section 3(5)(a)
• UK Borders Act 2007, section 32

How long is a deportation order valid?

This depends on the type of deportation order you have been served. 

When deported from the UK someone is forced to leave the UK and cannot return for at least 10 years. 

If someone has been sentenced and convicted to imprisonment of at least four years a deportation order will be in place indefinitely.

On what grounds can someone be deported?

As mentioned, part 13 of the Immigration Rules is where the grounds for deportation are set out.

The mechanism for deportation hinges on the statement of whether someone’s deportation is: “conducive to the public good and in the public interest”.

The rules also establish that deportation can be triggered if someone’s offending “caused serious harm” – this is determined by the Home Office. Additionally, if you are a “persistent offender who shows particular disregard for the law” you could face a deportation order, even if you are only sentenced to short periods in prison.

Further to this, a deportation order can be made under the following specific circumstances:

• Someone is the spouse, civil partner, or child of someone ordered to be deported;
• A court recommends deportation for someone over 17 who has been convicted of an offence that qualifies as imprisonable;
• Deportation orders are typically automatically created when a foreign national commits a criminal offence that carries a custodial sentence of one year or greater.

What is the difference between removal and deportation?

Removal and deportation are two distinct legal processes under UK law. Foreign nationals that have overstayed their visa restrictions or have breached their permission to stay in the UK are forced to leave the country by removal in most cases, rather than deportation. 

Individuals are usually removed from the UK because they broke immigration laws. Whereas deportation is usually reserved for those who have broken serious laws.

Removals are governed by Section 10 of the Immigration and Asylum Act 1999; which accounts for removals under the following scenarios:

• They fail to comply with their conditions to enter or remain in the UK
• They illegally enter or overstay in the UK
• They obtain leave to remain under false pretences
• They are the spouse, civil partner, or child under the age of 18 of someone who has been given removal directions 

How much notice do the Home Office have to give before removing someone from the UK?

A Removal, Enforcement and Detention Notice and Section 120 Notice must be sent by the Home Office as part of its statutory duty to notify those bound for removal. It has 7 days to give the notice for those who aren’t detained and 72 hours for those not in detention. This decision can be challenged like a deportation notice.

The notice must establish:

• The person is liable to be removed from the UK
• The country that they will be removed to
• The consequences of staying in the UK illegally with supporting information about how to return home

Once the notice period to remove an individual has expired a three-month removal window begins.

A Section 120 notice requires the person who receives it to inform the Home Office if there is any reason, not previously disclosed, as to why they should be allowed to remain in the UK. 

We can assist you in avoiding removal from the UK in the same way as deportation from the country. Speak to our immigration law team today.

When can’t someone be deported from the UK?

As you may be aware, if someone can make reasonable claims that they’ll be unsafe moving to the country of their deportation they may get leave to stay in the UK.

This is covered under Article 8 of the Human Rights Convention. If deportation would be in breach of someone’s rights under the Human Rights Act 1998 they could be entitled to enter or be given permission to stay in the UK for a temporary period. 

Under Article 8 of the Human Rights Convention, there are two main exceptions to deportation, the private life exception and the family life exception.

The private life exception is met when:

• The foreign national has been lawfully resident in the UK for most of their life
• They are socially and culturally integrated in the UK
• There would be very significant obstacles to their integration into the country to which they are to be deported.

The family life exception is met when:

• Parental relationship with a child that meets all the requirements of paragraph 13.2.5 
• A partner relationship that meets all the requirements of paragraph 13.2.6

The partner relationship exception rules are met when:

• The relationship is genuine and subsisting (self-sustaining)
• The partner is a British citizen or is settled in the UK
• They are resident in the UK
• The relationship did not begin when the person to be deported was in the UK unlawfully or when their immigration status was in question
• It would be ‘unduly harsh’ for the partner to live in the country of deportation
• It would be ‘unduly harsh’ for the partner to stay in the UK while their significant other is deported

Deportation exemptions are set out in Section 7 and Section 8 of the Immigration Act 1971.

Under section 7 an exemption for existing residents states that a citizen of the Commonwealth or the Republic of Ireland who was a citizen at the time of the act coming into force is not liable for deportation under section 3 (5), if, at the time the Secretary of State’s decision they had been a resident for the last five years.

And, if the same person is convicted of an offence, they cannot be recommended for deportation under section 3 (6).

Section 8 outlines exceptions for seamen, aircrews, and others.

Can I be deported if I get a criminal conviction?

Yes, you can be deported if you are convicted of a criminal offence. If the Home Office decides to deport you after you have been sentenced you will be issued with Notice of Deportation Arrangements.

Anyone subject to enforced removal from the UK is entitled to a notice period of at least 5 days. You cannot be removed during this period and have the right to seek legal advice.

Can you be deported if you have a child in the UK?

This depends on the circumstances. A parental relationship is an exception to the deportation rules.

For the parental relationship exception to apply:

• The relationship must be genuine and subsisting
• The child is a British citizen or has lived in the UK continuously for at least 7 years up to the point of the deportation order
• It would be ‘unduly harsh’ for the child to live in the country of deportation
• It would be ‘unduly harsh’ for the child to stay in the UK while the parent is deported

Can the UK deport EU nationals? 

This is a highly relevant question considering the impact that Brexit has had on free movement in the EU. 

It depends on the circumstances.

When an EU national has been sentenced to a term of imprisonment deportation proceedings will usually be brought against them.

It might seem that section 3 (5) of the Immigration Act 1971 excludes current holders of pre-settled and settled status from deportation, however, the 2007 and 2002 acts apply to them. 

EU citizens with settled status or pre-settled status in the UK, and those eligible to apply, can still be at risk of deportation when convicted of committing an offence.

Additionally, EU citizens serving a prison term in the UK can be removed from prison and deported, even when they haven’t completed their term under the Nationality and Borders Act 2022, section 47.

Moreover, the UK can deport someone with permanent residence for criminal conduct after Brexit.

Can a residence permit be overturned?

Despite Brexit going through in 2020, some aspects of EU law around deportation have remained in the UK legal system.

Regulation 24 of the Immigration (European Economic Area) Regulation 2016 for example gives the Secretary of State the power to refuse to issue, revoke, or refuse to renew a registration certificate, residence permit card, or document certifying a permanent residence card if this decision can be justified on public policy, security or public health matters, or the grounds of misuse of rights.

An EU or EA (European Area) national and their family members can also be administratively removed from the UK if they never had the right to reside under the regulations or they’ve misused their rights.

Can a deported person come back to the UK?

While a deportation order is in force, the person who was deported must stay out of the UK. 

They do have the right to apply for a revocation of deportation order, however.

Someone who has been administratively removed from the country is not automatically blocked from ever returning. However, if they attempt to re-enter within 12 months of removal, they must show that they have treaty rights as soon as they re-enter. 

How to request to revoke a deportation order

A revocation of deportation order must be applied for in writing to an Entry Clearance Officer, or the Home Office.

This can be made with or without entry clearance, which under UK immigration rules, must be applied for by foreign nationals coming to the UK to visit, work, or study and for those wishing to settle in the UK temporarily or permanently.

After you apply for a revocation order in writing you can either wait for the outcome or apply for entry clearance to return to the UK while waiting for the deportation order to be revoked.

What is the process for a deportation appeal?

The first step of the appeals process after a deportation order from the Home Office is to lodge your appeal with the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days of receiving the order.

You’ll need to provide strong evidence to suggest your case has merit. Evidence needs to back up your reasoning as to why you believe you have the right to remain in the UK and that the deportation order was wrongfully issued.

Get help with deportation appeals from Lawhive

Receiving a deportation order will no doubt turn your life upside down. We’re here to support you with expert legal advice and guidance on your case.

Our experienced immigration and deportation lawyers will support you step-by-step as you aim to get an unfair deportation order overturned. We can help you collect the evidence you’ll need to support your case and help you understand what you need to do to remain in the UK.

Speak to us about your case today in a free case assessment and take the first step towards continuing your life as normal in the UK.

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