What deportation is
Deportation is the removal of a foreign national from the UK, with a ban on returning. It is different from administrative removal, which is the removal of someone who has no right to be here, for example after an overstay. The Home Office deports people in two main ways: automatically, after a criminal sentence, and where it considers that deportation is conducive to the public good.
Automatic deportation
A foreign national who is convicted of an offence and sentenced to at least twelve months’ imprisonment is subject to automatic deportation, unless one of the exceptions applies. The exceptions include where removal would breach the person’s rights under the Refugee Convention or the European Convention on Human Rights. Shorter sentences, and repeated offending, may still lead to deportation under the “conducive to the public good” power.
What the Home Office must weigh
In a human rights case the law sets out the public interest in deporting a foreign criminal, and then asks whether an exception applies. The two main exceptions, for sentences of less than four years, are:
- Private life. You have been lawfully resident in the UK for most of your life, you are socially and culturally integrated here, and there would be very significant obstacles to your integration in the country you would be sent to.
- Family life. You have a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of your deportation on them would be unduly harsh.
For sentences of four years or more, it is necessary to show very compelling circumstances over and above those exceptions. A qualifying child is a British child or one who has lived in the UK for seven years or more, and a qualifying partner is a British or settled partner.
The notice and your response
You will normally be sent a notice of liability to deportation, and given a short time to say why you should not be deported. This is the first chance to put your case, with evidence about your family, health, length of residence and the risk on return. Do not ignore it, and do not rely on the criminal court’s view of your case: the deportation decision is separate.
The appeal
A decision to deport you carries a right of appeal to the First-tier Tribunal, on protection grounds and on human rights grounds. The deadline is short: 14 days from the date you receive the decision if you are in the UK, 28 days if you are abroad. Where the Home Office says that you can appeal only from abroad, we consider whether that decision can be challenged. See immigration appeals. If you are detained, see immigration detention and bail.
What helps
- Evidence of your life in the UK: school records, work history, tax, and letters from family and community.
- Evidence of your family’s reliance on you, and of the effect of separation, including social work or independent expert reports about children.
- Evidence on conditions where you would be sent, and your medical needs.
- Evidence of rehabilitation: probation reports, courses and conduct in custody.
Separate advice on the criminal case
Whether to appeal a conviction or sentence is a matter for a criminal solicitor or barrister, not for us. We advise on the immigration consequences, and we work alongside your criminal lawyer where we can.
How we help
We prepare your response to the notice, and, if a decision is made, we prepare and file the Notice of Appeal with the First-tier Tribunal, prepare the evidence and represent you at the hearing. We do not conduct court proceedings outside the Tribunal.
