Are You Under Threat of Deportation? Checklist

Every state has the power to control the entry and residence of any non-citizens within its borders. Immigration laws in the UK regularly change, so it’s important to understand your rights and claims if you face deportation.

Gary McIndoe and Gemma Tracey of Latitude Law Solicitors, who have decades of experience in immigration law, recently published ‘Deportation – A Practical Guide’, which comprehensively outlines and examines the law, rules, and guidance on deportation processes. The below checklists are taken from this book and are designed to help you prepare for a case against deportation.

There are two possible checklists relating to certain EU citizens, and others.

Certain EU Citizens – Checklist

If you are an EU citizen and your offence dates from before 31st December 2020, the checklist below will help you to prepare and provide as much relevant information as you can for solicitors representing you to give you the best chance of succeeding against the deportation offence.

About You

1. What is your date of birth?
2. When and how did you acquire EU citizenship?
3. When did you first arrive in the UK?
4. Do you have a claim to British citizenship?
   Provide information relating to your birth, and your parents’ birth/nationality.
5. Have you been issued a registration certificate or permanent residence under the EEA Regulations, or perhaps limited/indefinite leave to remain under Appendix EU of the Immigration Rules?

Background Information

1. What have you done since arriving in the UK?
   It is no longer necessary to prove that you have continuously undertaken a qualifying activity (e.g. work, studies), but it would be useful to provide a background of your activities, in the hope you can prove that the offence is out of character.
2. Have you lived in the UK continuously since your arrival, or have you left the UK during your time here (see Regulation 3 of the 2016 Regulations and Appendix EU of the Immigration Rules)?
3. What evidence can we provide to prove your continuous residence?
   Evidence could include passports, payslips, HMRC records, bank statements, contract of employment, letters from employers/doctors/dentists, utility bills, tenancy agreements, etc.

The Offence

1. Provide details of the offence that resulted in the commencement of deportation proceedings (date of offence, date of sentencing, length of sentence, did you plead guilty, etc.).
2. Have you accepted responsibility for the offence?
   This is not an opportunity to re-hear your criminal case.
3. Have you taken any steps to reduce the likelihood of reoffending?
   This could include attending any courses while in custody.
4. Does a pre-sentence report exist?
   A pre-sentence report is a document written by a probation officer following an interview with you. The report provides the court with information about you including your background, family, education, career and any responsibilities that you may have.
5. Is this your first and only offence, or have you been convicted of any other offences in the UK/outside of the UK?

Ties to the UK

1. What are your ties to the UK? Do you have a partner, children, family, friends, etc.?
2. What are the reasons why you don’t want to leave the UK?

All Other Cases – Checklist

The law and deportation rules are different for all others cases. It is important to provide information as to how you arrived in the UK, as well as your birth nationality and that of your parents, as there may be ways to claim British citizenship in this way.

You should prepare answers to the questions below, providing as much relevant detail as possible, as this will help your solicitor build a case for you.

Basic Information

1. What is your nationality?
2. What is your date of birth?
3. When did you first arrive in the UK?
4. How did you arrive in the UK? Was this legally or clandestinely (i.e. in a secretive way, non-officially)?
5. Have you ever held lawful status in the UK (i.e. a valid visa and permission to be in the country)? If so, what status was held?
   Give details of this.
6. Do you have a claim to British citizenship?
   Provide information relating to your birth, and your parents’ birth/nationality.

Background Information

1. What have you done since arriving in the UK?
   Provide details of any employment, studies, etc.
2. Have you lived in the UK continuously since your arrival, or has your continuous residence been broken by absences outside of the UK?
3. What evidence can we provide to prove your continuous residence?
   Evidence could include: passports, payslips, HMRC records, bank statements, contract of employment, letters from employers/doctors/dentists, utility bills, tenancy agreements, etc.

The Offence

1. Details of the offence that started the deportation proceedings (date of offence, date of sentencing, length of sentence, did you plead guilty, etc.)
2. Have you accepted responsibility for the offence?
3. Have you taken any steps to reduce the likelihood of reoffending, for example, taking any courses while in custody?
4. Does a pre-sentence report exist?
   A pre-sentence report is a document written by a probation officer following an interview with you. The report provides the court with information about you including your background, family, education, career and any responsibilities that you may have.
5. Is this your first and only offence, or have you been convicted of any other offences in the UK/outside of the UK?

Ties to the UK

1. What are your ties to the UK – do you have a partner, children, family, friends, etc?
2. What are the reasons why you don’t want to leave the UK, including information about potential asylum grounds?