Removal from the UK means that the Secretary of State has issued a Removal Notice informing an individual that they are required to leave the UK. This will usually occur when a person has no leave to remain as they have either overstayed on their visa or have entered the country illegally.
In this situation, that individual may apply to return to the UK, however since 2008 a person who has been removed from the UK may not re-apply for a period of either 1, 5, or 10 years depending on whether they left the UK voluntarily or not.
What does Deportation order mean?
On the other hand, deportation means that an individual is required to leave the UK and authority has been given for their detention until removal can take place. In this situation, a deportation order is issued.
A deportation order invalidates any leave to remain that an individual may possess, and re-entry into the UK is not authorised while the deportation order is in effect even if the individual holds a valid visa.
A deportation order is automatically issued under Section 32 of the UK Border Act 2007 if a person who is not a British citizen is either convicted of an offence and sentenced to a custodial sentence of at least 12 months or receives a custodial sentence of any length for a particularly serious offence.
The Home Office will also pursue deportation if recommendations have been made for an individual’s deportation, if it is required for the public good or if the individual is a family member of another who is being deported.
What are the exceptions to automatic deportation?
Section 33 of the UK Border Act 2007 provides for the following exceptions:
- Claims for asylum
- Claims under the Human Rights Act 1998
- If the individual has committed a crime while under the age of 18 at the date of their conviction
- If the individual committing a crime is an EEA national or the immediate family member of an EEA national
- Where there are mental health problems or the individual is recognised as a victim of human trafficking
- However, these circumstances are not a bar for a request for deportation to be made and the Secretary of State can still request their deportation.
What is the process of deportation?
A notice of deportation will be issued and the Home Office will take into consideration the following:
- Age of the individual
- Length of residence in the UK
- Strength of the individual’s connection to the UK
- History, character, employment record of the individual
- Domestic circumstances
- Nature of any offences committed by the individual
- Previous criminal record
- Compassionate circumstances of the individual
- Representations received on their behalf
- Representations and appeals
- It is at this point that a solicitor can help to make representations on the behalf of the individual facing deportation.
When is a decision made on deportation?
Before a decision is made, the Home Office will write to the individual to allow them time to make any representations, argue their case and provide any supporting evidence. Human Rights Representations can be made under Article 8 of the Human Rights Act 1998 which state that a person has a right to establish a private and family life. It is imperative that these representations contain as much detail as possible.
The Secretary of State will then issue a decision regarding the pursuit of the deportation after considering the representations. If the deportation is pursued, the individual has a right to appeal that decision.
For all your deportation legal queries, contact JMR Solicitors in Manchester.