Deportation from the UK: An In-Depth Look
Deportation from the United Kingdom is a complex and often controversial topic that
affects both the individuals facing removal and the broader society. If you have been
convicted of a criminal offence and you are not a British citizen, you may be at risk of
deportation from the UK. People often use the word deportation to mean any forced
removal, but in the UK, deportation has a specific legal meaning. It is the enforced removal
of someone, usually after serving a criminal sentence, for what the UK Home Office calls
the ‘public good’. This article aims to provide an understanding of the deportation process,
the reasons behind it, its implications, and the ongoing debate surrounding this practice.
What is Deportation?
Deportation is the formal removal of a non-citizen from the UK, usually due to violations
of immigration laws, involvement in criminal activities, or posing a threat to public safety.
The UK government has the authority to deport individuals who have no legal right to stay
in the country or who have breached immigration rules. You may be at risk of removal
from the UK if you do not have – or have not applied for – leave to remain (immigration
status). You are also at risk of removal if your asylum or immigration application has been
refused. You are at risk of removal if you had limited leave to remain in the UK and it has
now expired.
Reasons for Deportation
- Criminal Activities: Individuals convicted of serious crimes can be deported if their
presence is deemed not conducive to the public good. This is often the case for
foreign nationals who commit crimes while in the UK. - Illegal Entry or Overstaying: Those who enter the UK illegally, or who overstay their
visas, can be subject to deportation. The UK has strict immigration controls to
ensure that only those with legal permission reside in the country. - National Security: Persons considered a threat to national security or public order
may be deported. This includes individuals suspected of terrorism or other
activities that undermine the safety and security of the UK. - Breach of Immigration Conditions: Violating the terms of a visa, such as working
without permission or failing to adhere to specific conditions, can result in
deportation.
The Deportation Process
If the Home Office has decided to remove you from the UK, you will receive a letter called
a notice of intention to remove. The letter will include the notice period for removal,
which is a minimum period of 5 days (under section 46 of the Nationality and Borders
Act 2022) during which you cannot be removed.
The notice may also include ‘notice of departure details’ (such as the details of the flight
that the Home Office intends to remove you on), but this is not always the case.
The deportation process involves several steps: - Notification: The individual is notified of the intention to deport them, along with the
reasons for their removal. - Appeal: The individual has the right to appeal the deportation decision. This can
involve legal representation and presenting evidence to support their case. - Detention: In some cases, individuals may be detained while their case is being
processed. Detention centres are used to hold those awaiting deportation. - Removal: If the appeal is unsuccessful, the individual is removed from the UK. They
are typically escorted to their home country or another country willing to accept
them.
When you cannot be removed from the UK
You should not be removed from the UK if you have an ongoing asylum claim (this
means you are waiting for a decision from the Home Office). However, if the Home
Office has decided your asylum claim is “inadmissible” because you travelled through
another country, you may be at risk of removal.
You should not be removed from the UK if you are appealing a refusal of your
immigration application or asylum claim. This only applies if you have a right to appeal
within the UK. If your case has been categorized as a “non-suspensive appeal” case, you
can be at risk of removal even if you have an appeal pending.
You should not be removed from the UK if you have submitted a fresh claim, and a
decision has not yet been made on whether it is a fresh claim or not. You should keep
proof of submitting a fresh claim. You should not be removed from the UK if you have an
injunction preventing removal.
There are situations when judicial review proceedings (even without an injunction) may
stop a removal taking place.
You should not be removed from the UK if it would compromise your human rights, or
breach the UK’s obligations under the Refugee Convention, or the European Convention
on Human Rights.
Implications of Deportation
Deportation has significant implications for both the individuals being removed and the
UK as a whole:
- For the Individual: Deportation can have severe personal consequences, including
separation from family, loss of employment, and difficulty re-establishing life in their
home country. - For the UK: Deportation is a tool to maintain public order and safety. However, it
can also raise ethical and human rights concerns, especially when families are
separated, or individuals are sent to countries where they may face persecution.
The Debate on Deportation
The practice of deportation is a subject of ongoing debate: - Proponents argue that it is necessary to protect public safety, uphold immigration
laws, and ensure that those who violate the rules are held accountable. - Critics contend that deportation can be inhumane, particularly when it involves
vulnerable individuals such as refugees or those with strong ties to the UK. They
advocate for more humane immigration policies and better support for those facing
deportation.
Challenging a removal
If you have been notified that you are to be removed from the UK, check the ‘Who cannot
be removed from the UK’ section above to see if the Home Office is allowed to do this in
your situation. If you are in one of the situations mentioned above, you or your lawyer
need to provide evidence of this to the Home Office and request that the attempt to
remove you is stopped.
If there are asylum or human rights grounds that mean you need to stay in the UK at
the time of a decision to remove you, and you have not already informed the Home Office
of these or made an application, you need to do so as soon as possible.
There may be other reasons you can challenge your removal, such as if other legal
proceedings are ongoing in other areas of law, or if the proper procedure for removal
has not been followed.
If there are legal reasons – such as those described in this section – that mean you should
not be removed from the UK, and the Home Office has ignored or refused a request to
cancel your removal, you may need to consider an injunction to try and stop the removal
from happening.
Deportation after a criminal sentence
If the Home Office has issued a deportation order in your case, you will be issued with
notice of deportation arrangements. This should follow the rules of removal notice
periods described above.
The immigration rules are now weighted very much in favour of deporting a person after
a criminal sentence.
The rules state that if you were sentenced for more than 12 months, your deportation is
‘conducive to the public good and in the public interest’. The idea behind the Home
Office’s ‘public good’ principle is if they think it would cause more harm to the public good
(society) if someone who committed a certain crime were to remain in the UK, even if this
would cause harm to the individual or their community.
If you are liable to deportation, your spouse or civil partner and/or your child are also
liable to be deported unless they have Indefinite Leave to Remain in the UK in their own
right, or are British, or have been living apart from you.
If you were sentenced to more than 4 years, the Home Office guidance says you will
need to have ‘very compelling circumstances’ in order for a deportation order not to be
made or to be revoked (undone). The courts, however, may have a different
interpretation of those circumstances than the Home Office.
If you have been sentenced to less than 4 years but more than 12 months, or your
offending is deemed to fall into the ‘causing serious harm’ category, the immigration rules
say that deportation would be proportionate (acceptable) except if it would breach your
Article 8 human right to family and private life, AND:
(1) You have a child under the age of 18 in the UK, meaning:- you have a ‘genuine and subsisting parental relationship’ with your child
- your child is a British citizen or has lived in the UK for at least seven years immediately
prior to the decision to deport you - it would be ‘unduly harsh’ for your child to live in the country to which you will be
deported, and - it would be ‘unduly harsh’ for your child to remain in the UK without you.
OR
(2) You have a ‘genuine and subsisting relationship’ with a partner who is in the UK
and has British citizenship / Indefinite Leave to Remain, and: - the relationship was formed at a time when you were in the UK lawfully and your
immigration status was ‘not precarious’; and - it would be unduly harsh for your partner to live in the country to which you are being
deported, because of compelling circumstances over and above very significant
difficulties which would be faced by you and your partner in continuing your family life
together outside the UK and which could not be overcome or would entail very serious
hardship for you and your partner; and - it would be unduly harsh for your partner to remain in the UK without you.
You also need to show that you have been lawfully resident 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 integration into the country to which you are being deported.
The Home Office says that you must provide original, independent and verifiable
documentary evidence of all of these factors. The Home Office has a very restricted view
on who meets the circumstances above. A judge in an appeal may find that even if you
don’t meet the requirements of the immigration rules, you would suffer a disproportionate
breach of your Article 8 rights if you were deported.
EEA nationals
If you are an EEA national and have Settled Status or Pre-Settled Status in the UK (or are
eligible to apply), you could still be at risk of deportation from the UK if you are convicted
of committing a criminal offence.
If the criminal offence was committed before the end of 2020, the Home Office will
need to consider the pre-Brexit rules on EU nationals. This means they would have to
show that deportation is in the interests of ‘the public good, public health or public
security’. The threshold (level) for showing that deportation is in one or more of these
interests was generally higher for EEA nationals than the ‘public good’ arguments for
deportation of non-EEA nationals. The threshold is also determined by the length and
permanence of your residence in the UK. For example, the threshold is higher for those
with the right to permanent residence in the UK.
If the criminal offence was committed after 2020, or you did not have or were ineligible
for Pre-Settled Status or Settled Status, the normal rules on deportation will apply to you.
Challenging a deportation
There is no longer a right to appeal the decision to deport you.
If at the time of a decision to deport you, there are asylum or human rights grounds that
mean you need to stay in the UK and you have not already informed the Home Office of
these or made an application, you need to do so as soon as possible.
Around the time of the decision to deport you, you will be issued with a Section 120 “onestop notice”. On this form, you must state any reasons for why you have not already told
the Home Office why you need to stay in the UK. You need to make sure you send the
form back by the date specified on the one-stop notice. If you miss the deadline, make
sure to mention your reasons for why you are sending it late. It is very important for your
case to try and send it back in time.
If you do not mention asylum and human rights reasons you need to stay in the UK on the
one-stop notice (see above), and then make an asylum or human rights application, the
Home Office may certify your application, meaning you will not have a right to appeal a
refusal.
Conclusion
Deportation from the UK is a multifaceted issue with far-reaching consequences. While it
serves as a mechanism to enforce immigration laws and protect public safety, it also
poses significant ethical and humanitarian challenges. The ongoing debate reflects the
complexity of balancing national security and public order with compassion and human
rights.
