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 is Deportation?
Deportation is often used when a foreign individual has a criminal conviction. Deportation can be requested under the following conditions:
- When a court proposes deportation of a person above the age of 17 who has been convicted of an offence punishable by imprisonment.
- If the Secretary of State feels that deporting the individual is in the “public welfare and in the public interest,”
- If a person is under the age of 18 and is the spouse, civil partner, or child of a deportee
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.
What should I do if I am facing deportation or removal from the UK?
If you are proven to be in violation of immigration law or the terms of your immigration status, you may be detained and perhaps deported.
If you are detained, it is critical that you obtain expert guidance from an experienced immigration law company as soon as possible.
What are Removal Orders?
If you violate the terms of your immigration status, you may be arrested and deported from the country.
Administrative removal can be issued if a person has:
- I applied for immigration to stay in the UK, but it was denied.
- They overstayed their visa to stay in the UK.
- They have violated the terms of their immigration status.
Can I Challenge a Deportation or Removal Order?
If the Home Office decides that a person should be deported or removed from the United Kingdom, they will be informed in writing. You can appeal the Home Office’s judgement by outlining why you feel you should remain in the nation. It is important to remember, however, that you do not automatically have the right to appeal a deportation order.
A deportation order can be challenged on the basis of a violation of human rights under the UK’s Human Rights Act 1998. You might also fight an administrative removal order if you are qualified to petition for asylum.
An individual must file an appeal against deportation or removal within 28 days of obtaining the deportation or removal order. If a person is already detained, they have 5 days to file an appeal.
If you want to file an appeal, you must get advice from an expert immigration law company. If you are facing deportation or removal, the Immigration Advice Service can help you. We can assist you in developing an appeal to contest the judgement and will guide you through the whole process.
What happens if I am being taken into Detention?
The Home Office normally takes a long time to prepare your deportation. You will be required to attend an immigration reporting centre every two weeks or once a month throughout this period.
If you only have a limited time before being deported or if the authorities feel you will try to prevent deportation, you will be sent to a detention centre. Unless you are pregnant or excluded due to your mental health, this can happen at any moment. As a result, you should always carry all of your paperwork, including copies of your applications and rejection decisions.
You have the right to have visitors, receive calls, use the Internet, and contact with the outside world while detained. You may also be eligible to seek for bail.
What are the bail requirements for detained immigrants?
You can seek for immigration bond if you are in an immigration removal or detention centre. You have the option of submitting a Home Office Bail or a First-Tier Tribunal Bail, depending on your circumstances.
Only after spending at least seven days in jail will you be afforded the ability to ask for bail. If your application is approved, you will be “released on bond” and permitted to leave the immigration detention centre.
If any of your friends or family are currently detained, our skilled immigration attorneys can provide you with all the assistance you need to file a bail application. Whilst we can promise or predict the result of your claim, we are dedicated to offering only our best advice in order to ensure that your case is handled with care.
For all your deportation legal queries, contact JMR Solicitors in Manchester.