Deportation from the UK: Key Reasons and How to Fight It

Introduction

The United Kingdom (UK) also has tough immigration laws that determine who gets to remain, work, and reside within its borders. If one does not obey these laws, they can be deported—a legal procedure by which the UK government sends a foreign citizen out of the country.

Deportation is a stressful process, and understanding its causes, legal process and avenues of contesting it is necessary for those who are to be removed. The article outlines the principal causes of deportation from the UK, the deportation process, and the legal avenues of contesting orders of removal.

 

1. What is Deportation in the UK?

A. Definition of Deportation

Deportation refers to the forced expulsion of a non-UK national by order of the UK government. It typically occurs when an individual has broken immigration rules, committed severe offenses, or poses a danger to public security.

B. Who Can Be Deported?

The following groups of individuals can be deported from the UK:

✔ When Foreign nationals are involved in serious criminal activity.

✔ If Non-citizens or non-residents of the country have overstayed their visas.

✔ If Individuals have broken immigration regulations, including working illegally in another country.

✔ In the case of the asylum seekers whose claims have been denied.

✔ Those who are deemed a security risk to the UK.

British citizens and individuals with indefinite leave to remain (ILR) can usually not be deported, though their residency can be withdrawn in exceptional circumstances.

 

2. Key Reasons for Deportation from the UK

A. Criminal Convictions

Criminal behavior is one of the most frequent grounds for deportation.

✔ Foreign nationals who are convicted of a serious crime with a sentence of 12 months or more can be automatically deported.

✔ More likely to be deported are individuals engaged in drug trafficking, fraud, sex offenses, or violent offenses.

✔ Repeat offenders of minor crimes can also be removed.

 

B. Immigration Law Violations

Foreign nationals who do not comply with immigration regulations can be deported from the UK. The most common infractions are:

✔ Prolonging or overstaying a visa (remaining in the UK after the allowed time).

✔ Entering or staying in the country with false documents.

✔ Violation of visa requirements, e.g., working without authorization.

✔ Failure to report to immigration authorities when needed.

 

C. Public Interest and National Security Threats

If the British government feels that someone presents a risk to national security or public safety, then that person can be deported.

✔ Suspected terrorists or extremists.

✔ Persons engaged in hate crimes or violent extremist activities.

✔ Those deemed harmful to society.

 

D. Asylum Claim Rejection

Those whose asylum claims in the UK are refused and who have no additional appeals can be deported.

✔ If the asylum claim is refused, they must depart within the specified time.

✔ Alternatively, if they refuse to leave voluntarily, they can be removed by force.

 

3. The Deportation Process in the UK

A. Issuance of a Deportation Order

The Home Office determines who gets deported and makes a Deportation Order. This entails:

✔ The individual has to leave the UK.

✔ They may not re-enter the UK except with special authorization.

✔ Any existing visa or residence permit is revoked.

 

B. Notice of Removal

Once a deportation order has been issued, the individual is given a Notice of Removal indicating:

✔ The grounds for deportation.

✔ The removal date (if there is an immediate plan for deportation).

✔ If they are entitled to appeal.

 

C. Immigration Detention (If Necessary)

Individuals can sometimes be sent to an immigration detention center while they wait for deportation.

✔ Detention usually occurs when the government feels the individual will try to flee or fight deportation.

✔ Detainees can be kept for months or weeks pending deportation finalization.

 

D. Enforcement of Removal

✔ The UK Home Office organizes travel for the individual to their country of origin.

✔ If the individual does not go voluntarily, they can be forcibly removed by immigration officials.

 

4. How to Fight Deportation in the UK

Individuals who are being deported can have legal recourse to resist their removal.

A. Appeal Against a Deportation Order

✔ Some individuals have the legal right to appeal their deportation to the First-Tier Tribunal (Immigration and Asylum Chamber).

✔ Appeals should be made within 14 days from receiving the notice of removal.

✔ The appeal can set aside the deportation order.

 

B. Human Rights & Family Life (Article 8 ECHR)

✔ According to the European Convention on Human Rights (ECHR), Article 8, individuals are able to resist deportation if it impacts their right to family life.

✔ This is helpful if the individual:

• Has British children or a British partner.
• Has been resident in the UK for many years and has established close community links.

✔ The court can rule that deportation is unjust because it tears families apart.

 

C. Judicial Review

✔ If the deportation procedure is unjust, an individual can seek a judicial review.

✔ These appeals against the Home Office decision on grounds of legal flaws or human rights issues.

✔It is a lengthy legal procedure and involves an immigration lawyer.

 

D. Seeking Asylum or Humanitarian Protection

✔ If deportation would expose the person to persecution, torture, or death in their country of origin, they can seek asylum or humanitarian protection.

✔ Such an application is referred to as a new asylum application and will require robust proof.

 

E. Applying for Discretionary Leave to Remain (DLR)

✔ Others might seek Discretionary Leave to Remain (DLR) where they can remain in the UK on the grounds of exceptional circumstances.

✔ This is only given in exceptional circumstances, like severe medical conditions.

 

5. Can You Return to the UK After Deportation?

A. Re-Entry Bans

The UK prohibits re-entry for deported persons based on removal reasons:

✔ Overstayers & Visa Abusers or Violators: 1 to 10-year prohibition.

✔ Criminal Deportations: Lifetime prohibition (except in exceptional cases)

 

B. Applying for Re-Entry Permission

✔ Deported persons can request special permission to return to the UK via the Revocation of a Deportation Order.

✔ This is only granted infrequently and needs sound justification (e.g., family connections or work sponsorship)

 

6. How to Avoid Deportation

✔ Follow UK visa rules – The person should not overstay or violate visa conditions.

✔ Apply for extensions on time – The person should renew his/her visa before it expires.

✔ Seek legal advice early – If someone is facing immigration issues, consult a lawyer before deportation proceedings start.

✔ Obey UK laws – The person must avoid criminal activities that can lead to removal.

✔ Know your rights – If a person is served with a deportation notice he/she must act quickly to appeal for the same.

 

7. Conclusion

UK deportation comes as a result of criminal behavior, immigration offenses, national security threats, or refused asylum applications. The Home Office and UK Border Force carry out the procedure and, in certain cases, affected individuals can appeal.

Those to be deported must seek legal aid immediately and explore options like appealing, requesting human rights protection, or requesting judicial review. Knowledge of UK immigration law and prompt action can help individuals oppose deportation and protect their right to stay.

 

Declaration:

The details in this article are for general information only. We urge readers to make their own investigations and cross-check facts with official sources prior to making a decision. We do not make any guarantee as to the accuracy of the information, and we accept no responsibility for any outcome resulting from the use of the information.

 

References

1. UK Home Office – Immigration Enforcement – www.gov.uk
2. Immigration and Asylum Tribunal – www.justice.gov.uk
3. European Convention on Human Rights (ECHR), Article 8 – www.echr.coe.int
4. UK Visas and Immigration (UKVI) – www.gov.uk/visas-immigration
5. UK Border Force – Deportation Rules – www.gov.uk/border-force