What happens if my appeal is successful?
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.
Deportation and Removal Solicitors
If you or a member of your family is considered for deportation or removal, it is important that you contact a specialist solicitor as soon as possible. The expert immigration lawyers at Latitude Law will advise you on the law, Home Office policy and appeal procedures.
Should you be held in detention, it is vital that you speak to an immigration solicitor as soon as possible.
To speak to a solicitor about deportation and removals, contact Latitude Law today by calling 0044 161 234 680 or 0044 207 046 7185, or complete our contact form to request a call back at a convenient time for you.
What is Deportation?
Deportation is often confused with removal. A non-British citizen can be deported from the UK if they have been convicted of a criminal offence carrying a custodial sentence of 12 months or more. This is different to removal, which is a result of a non-British national being removed simply because they are unlawfully present in the UK, even if they haven’t received a 12-month sentence.
Who is at Risk of Deportation?
Foreign nationals will be considered for deportation from the UK when they commit a criminal offence and are sentenced to a prison sentence of at least 12 months. Deportation proceedings can also be issued to those whose offending has caused serious harm, or those who are deemed to be a persistent offender and have showed a particular disregard for the law.
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.
How do I Appeal Deportation?
If the Secretary of State has decided that you or a member of your family should be deported, you will almost always be given an in-country right to appeal against the decision to the Independent Immigration Tribunal. If you have not been given this option, please
contact us immediately by calling 0044 161 234 680 or 0044 207 046 7185, or complete our contact form to request a call back.
The deportation of foreign criminals is in the public interest; this is the tribunal’s starting point at appeal. To succeed, you must demonstrate that the public interest in your deportation is outweighed due to other factors.
Your chance of success depends heavily on the severity of the crime you have committed, and the length of sentence you received. For those imprisoned for at least four years, only in very compelling circumstances will it be held that your deportation is not in the public interest.
For those imprisoned for less than four years, there are four ways to outweigh the public interest in deportation:
- If you have been lawfully present in the UK for most of your life, you are socially and culturally integrated in the UK, and there would be very significant obstacles to your integration into the country to which you are proposed to be deported.
- If you have a genuine and subsisting relationship with a qualifying partner, and the effect of your deportation on your partner would be unduly harsh.
- If you have a genuine and subsisting relationship with a qualifying child, and the effect of your deportation on the child would be unduly harsh.
- If there are very compelling circumstances present in your case.
What is Removal?
Removal is often referred to as ‘forced removal’ or ‘administrative removal’ and involves the act of removing non-British citizens from the UK if they have no right to remain in the UK. Removals may also be carried out if those with leave to remain have breached their immigration conditions, for example, working illegally or overstaying.
Who is at Risk of Removal?
You may be at risk of being removed from the UK by the Home Office for one or more of the following reasons:
- You do not have any permission or leave to remain in the UK
- Your application to stay in the UK has been refused
- Your visa/leave to remain has expired
- You never had leave to remain/immigration papers
If the Home Office is intending to remove you from the UK, an adequate amount of notice must be given. The general notice period is seven days if you are not detained, and just 72 hours if you are detained. If you are given 72 hours notice, this period must include two working days. The last 24 hours must be a working day unless the notice period already includes three working days.
How to Challenge a Removal Decision
Before a decision to seek removal is considered, the Secretary of State will consider a number of factors, including:
- Your age
- Your length of residence in the UK
- The strength of your connection with the UK
- Your personal history, including character, conduct and employment record
- Your domestic circumstances
- Your criminal record and the nature of any offences you have been convicted for
- Whether there are any compassionate circumstances
- Any representations received on your behalf
- When the Home Office has decided that an individual should be removed from the UK, they will be notified in writing. You can challenge the decision of the Home Office by explaining why you believe you should stay in the country. An example of this is if you are eligible to apply for asylum.
If you want to appeal against a removal decision, you must normally do so within 14 days of receiving the decision. If you or a family member are already in detention, the appeal must be submitted within five days.
How Latitude Law Can Help
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.
Contact Us
For help and advice with deportation and removals, get in touch with our highly qualified team today by calling 0044 161 234 680 or 0044 207 046 7185, or complete our contact form and we will get in touch with you at a time that is convenient for you.
Deportation and Removals FAQs
What happens if my appeal is unsuccessful?
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.
What happens when you are taken into detention?Wh
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?
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:
- Having visitors and keeping in touch with your relatives
- Receiving post and phones calls
- Using the internet and being able to communicate with the outside world
- Keeping your personal property
- Staying with any family member who is detained with you
Can I be deported before the appeal is completed?
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 0044 161 234 680 or 0044 207 046 7185, or complete our contact form to request a call back.
Can I return to the UK after being deported?
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.
How are people deported/removed from the UK?
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.
Applying to Work in the UK
Are you hoping to work in the UK? Have you been offered a job role and seek permission to work here? Our immigration lawyers are experts in the operation of UK and European legislation that affects foreign workers.
British Citizenship by Naturalisation or Registration
Naturalisation as a British citizen is a significant life decision, and it is best that you consult an immigration specialist before proceeding with your naturalisation application. As a niche, law firm specialising in UK immigration law, our lawyers are uniquely qualified to provide all the help you require to ensure your application is successful.
Refugees & Human Rights
Our lawyers are thoroughly experienced when it comes to providing legal advice to refugees seeking asylum in the UK, as well as those who are hoping to overturn Home Office decisions on appeal.
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All content on this page was reviewed by Latitude Law and is accurate as of 11/10/2022.