Many people face the risk of being required to leave the UK. For most people, this process is called removal, but for those who have committed a criminal offence, it will be called deportation. Although the end result of the process may look the same - a person being taken from the UK to their home country - deportation and removal are legally distinct from each other and must be resisted in different ways.
Very generally, those facing administrative removal - usually people who have overstayed their visa but who have not committed any other crimes - will have an easier time remaining in the UK. Those facing deportation – normally meaning that they have received a criminal conviction leading to at least a12 month prison sentence - during their time in the UK - will have a much harder time. However, it is still possible to resist deportation orders and seek to stay via the appeal process.
Anyone can try to resist removal or deportation. In both cases, you must start by making an application to the Home Office. If this application is refused, you may be able to appeal that refusal. These processes can move quickly, and it is important to seek legal advice immediately if you are facing deportation or any issues with your immigration status.
Anyone in the UK without leave to remain or a valid visa is at risk of removal. Removal occurs where a person has no lawful right to reside in the UK. It is most common in circumstances where someone has entered the UK legally under a time-limited visa, but their stay in the UK has exceeded the time limit specified by the visa.
A person is at risk of deportation if they are a non-British national sentenced to at least 12 months in prison. In some instances, proceedings are started against persistent offenders even when they have not committed an offence punishable by a 12-month prison sentence. Sometimes, a court recommends deportation if the Secretary of State believes it is in the public interest to have the person removed from the UK, even if the maximum custodial sentence for their offence is shorter than 12 months.
To understand your rights and claims if you face deportation, take a look at our ‘Are You Under Threat of Deportation?’ Checklist. The checklist is taken from the ‘Deportation - A Practical Guide’ book written by Gary McIndoe and Gemma Tracey, who have decades of experience in immigration law. The book outlines and examines the law, rules and guidance on deportation processes.
If you are faced with removal from the UK, then you normally first apply for permission to remain in the UK. You can access quite a few different application options, but most will focus on your family relationships in the UK or your private life. Showing that you have a private and family life in the UK can be enough to resist a removal order in some cases.
Once you have made the application, you cannot be removed until that application is decided by both the Home Office and the Immigration Tribunal. Speak to a solicitor about your circumstances for advice on the best approach to resisting administrative removal in your specific case.
If you are at risk of deportation, you will receive a stage 1 letter informing you that the Home Office intends to deport you. You will be invited to respond and explain why you should not be deported. If the Home Office accepts your arguments you will not be deported. If they refuse your arguments, you will be served with a deportation order, although you may be able to appeal to the Immigration Tribunal on the grounds that your deportation will breach your human rights, or other international convention rights such as the Refugee Convention.
Unlike removal, challenging deportation is much more limited. A person must rely on one of the exceptions to deportation. These exceptions focus on a person’s lawful residence and integration into the UK, as well as their family connections to partners or children.
Showing that you have a private and family life in the UK - for example, if you have a spouse or civil partner in the UK - is the usual starting point when seeking to reverse a deportation decision. In all cases, a person must argue that there are very compelling circumstances, “over and above” the available exceptions, that should see the deportation order revoked.
In general, the longer the prison sentence, the harder it will be to resist deportation. If you are facing being deported from the UK, speak to a solicitor about your options. The team at Latitude Law can help you to present your case before the Immigration Tribunal, outline your chances of success, and explain what will happen if the deportation order remains in place.
If resisting removal, you will need documents to support the application you submitted. If resisting deportation, you will need documents to support whichever exception you hope to rely on. In both cases, this is likely to be evidence of family connections and integration into the UK.
The considerations that the Home Office will take into account for deportation and removal cases are usually the same. Deportation appeals are difficult to win, especially if you are convicted of a serious criminal offence; it is vital that you get good-quality legal advice about your case.
Our specialist deportation lawyers at Latitude Law can provide legal advice and guidance throughout the course of your deportation or removal appeal. We can visit you in prison or at a detention centre, providing advice on the appeals process and safeguarding your rights as a foreign national prisoner.
The solicitors at Latitude Law can also provide emergency assistance if you are facing deportation or removal. We can help you to draft an appeal to challenge the decision and will support you through the entire process.
Allowed appeal
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Removal and deportation proceedings are often ‘last chance’ matters. If they are lost, you will be taken from the UK, sometimes for good. Investing in good solicitors now is vital to ensure you have the best possible case.
Our experience allows us to get to the core of your case quickly, and to work with you to best present and support your arguments. Clarity is vital in these cases. Why do you, as a person, overcome the high tests to remain in the UK? Why do you, as a person, have such a compelling case that you cannot be removed from the UK? Can you present very compelling circumstances to support your deportation appeal?
These applications are always personal and they require personal evidence to tell your story.
We know how difficult it can be to face deportation or removal, which is why our team of experienced solicitors, who have many years’ experience in immigration law, will do all they can to help your deportation or removal case. There are very significant obstacles to resisting deportation or removal, but it can be done with the right approach.
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As the requirements for a deportation or removal can be complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that the conditions of your deportation or removal appeal is compliant with the very latest immigration rules.
Get in touch with our legal team today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
Appealing from outside the UK, if your appeal is successful and the deportation order or removal order is lifted, you can apply for entry clearance or seek leave to enter once you arrive at a UK port of entry. Our team can advise foreign nationals on applying for visas to enter the UK, including on eligibility criteria and the rules governing each visa route.
If you are appealing from inside the UK, you will normally be considered for a grant of permission to stay for a limited period by the Home Office – you will not usually be allowed to retain indefinite leave to remain if you already had it before your conviction.
If your first appeal attempt fails but you can provide further evidence of your right to remain in the UK, you may be able to make further submissions to the Home Office. If you have no right to appeal, you can make a judicial review application, including seeking an injunction to stop deportation or removal. Neither the judicial review nor the injunction guarantee that you will be able to remain in the UK, but your solicitor can advise you of the likely outcomes of any actions you take.
It can take a while for the Home Office to arrange your deportation or removal. During this time, you will be required to visit an immigration reporting centre every two weeks or once a month.
If the timeframe before you are deported or removed is short, or the authorities believe you might try to avoid it, you may be taken to a detention centre. This can happen at any time unless you are pregnant or are exempt due to your mental health. For that reason, it is important that you make sure that you have all of your documents with you, such as copies of your applications and refusal decisions.
While you are in detention, you can also make an application for bail.
While you are in an immigration detention centre, you should be given information about your rights. This can include:
If you have an ongoing appeal against your deportation, you cannot be removed from the UK unless your case has been certified as clearly unfounded. Should this happen to you, contact one of our deportation lawyers immediately on 0300 131 6767, or complete our contact form to request a call back.
Not automatically – you must first apply for your deportation order to be revoked.
It is important to know that revoking a deportation order does not entitle you to re-enter the UK. It only allows you to apply for entry under the immigration rules.
Foreign nationals may be deported or removed on chartered flights, or on standard scheduled flights. Charter flights are where the Home Office charters an entire aircraft for the purposes of returning a number of individuals to a specific country; rules on challenging removal in such cases are different.
In some cases, applying for asylum may delay or potentially halt the process of removal or deportation from the UK. When you submit an asylum claim, the UK government is generally required to consider the application before proceeding with any removal actions. However, this is only valid if the claim is credible - unfounded claims will be considered quickly and refused without a right of appeal.
If you have reason to fear persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion, you may be able to apply for asylum in the UK. Once the application is made, you will need to attend an interview and follow a screening process that seeks to find out the details of why you are seeking asylum.
The Home Office will assess the claim based on the evidence provided and the credibility of the applicant's fear of persecution. If the claim is accepted, you will be granted refugee status and given permission to stay in the UK for a certain period.
If you are refused leave to remain as a refugee, any protection against removal or deportation will also be lifted. The team at Latitude Law can advise you on whether you are eligible to apply for asylum and your likelihood of success with this approach. From there, we can support you throughout the process of making your application, and work to give you the highest chances of success.
As a niche Manchester-based law firm specialising in immigration law, we regularly advise clients throughout the North West and the UK on human rights and refugee law issues. Our lawyers draw on many years’ experience to provide clear, realistic legal advice on seeking protection under refugee and Human Rights Conventions.
Naturalisation as a British citizen is a significant life decision, and it is best that you consult an immigration specialist before proceeding with your application. As a niche law firm specialising in UK immigration and nationality law, our lawyers are uniquely qualified to provide all the help you require to ensure your application is successful.
The UK government believes that family should stay together wherever possible, which is why they offer visas for family members of British citizens or migrants who are settled in the UK. The immigration solicitors at Latitude Law can guide you through the application process and provide legal advice on complex matters, such as past refusals and appeals.
