Many people face the risk of being required to leave the UK. For many, this process is called removal. For those who have committed criminal offences, it will be deportation. Although the end result of the process may look the same, a person being taken from the UK to their home country, the two – deportation and removal – are legally distinct and must be resisted in different ways.
Very generally, those facing removal (non-criminal) will have an easier timer remaining in the UK whereas those facing deportation (criminal) will have a very hard time indeed.
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.
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.
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 had a 12 month prison sentence.
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 must resist it by applying for leave 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. Once you have made the application, you cannot be removed until that application is decided by both the Home Office and the Immigration Tribunal.
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 accept your arguments you will not be deported. If they refuse your arguments, you will receive a deportation order and you will usually be able to appeal to the Immigration Tribunal.
Unlike removal, resisting 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.
In all cases, a person can argue that their circumstances are very compelling “over and above” the available exceptions.
In general, the longer the prison sentence the harder it will be to resist deportation.
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; it is vital that you get good quality legal advice about your case.
Our deportation immigration 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 now, in good solicitors, 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.
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 your deportation or removal case.
We are pleased to be recognised as a leading law firm by the following independent bodies: The Times Best Law Firms 2024, Chambers & Partners 2024, Legal 500 2024 and Who'sWhoLegal 2024. These endorsements from the international legal directories demonstrate our integrity and success in dealing with difficult cases. We are also proud of our 5-star Google reviews from over 150 satisfied clients.
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.
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.
If your first appeal attempt fails but you can provide further evidence of your right to remain in the UK, you can make another appeal. If you have no right to appeal, you can make a judicial review application, including seeking an injunction to stop deportation or removal.
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 will 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 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.
What are my rights while in detention?
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 can not 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.
An individual sentenced to a period of imprisonment for less than four years can apply to have their deportation order revoked if 10 years have elapsed since the making of the deportation order. There are various factors that are relevant in revocation applications, and our immigration lawyers can assist with preparing the best possible application for you.
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 charter 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.
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.
