What is Revocation of a Deportation Order?

Revocation of a deportation order is a decision by the Home Office to cancel a deportation order that is still in force. It effectively removes the legal ban on a person entering the UK while the order remains in place.

However, revocation does not:

Automatically restore a person’s previous visa or indefinite leave to remain
Automatically give them permission to enter the UK, or
Guarantee that a new visa application will succeed. This is because a person must still meet the relevant requirements for entry after the order is revoked.

When can a deportation order be revoked?

A deportation order may be revoked if the UK Home Office is satisfied that it is no longer justified or lawful to keep it in force. This may be because, for example:

The person’s circumstances have significantly changed
Continuing the order would breach their human rights or the Refugee Convention,
The original order was made incorrectly, or
An appeal against deportation has succeeded.

Each case is considered individually. The passage of time or the absence of further offending does not, by itself, guarantee revocation. The circumstances that the Home Office will consider depend on why the order was originally made.

Deportation due to criminal offending

If a deportation order was made on criminal grounds under the Immigration Act 1971 or the UK Borders Act 2007, when considering whether to revoke the order, the Home Office takes into account:

The grounds on which the order was made
Any representations made in support of revocation
The interests of the community including the maintenance of effective immigration control, and
The interests of the applicant, including any compassionate circumstances.

If a human rights claim under Article 8 of the European Convention on Human Rights is made, the outcome depends on the length of the original sentence. If the person was sentenced to less than four years’ imprisonment, was convicted of an offence causing serious harm, or is a persistent offender, the claim will succeed only if an exception to deportation applies or there are very compelling circumstances. If the person was sentenced to at least four years’ imprisonment, the claim can only succeed where there are very compelling circumstances over and above the standard exceptions.

The Home Office will check for evidence of further offending since the order was made. Further offending will generally lead to a refusal to revoke the order. The person applying for revocation must satisfy the Home Office that the order should be revoked. It is not for the Home Office to justify keeping it in force.

Deportation not involving a custodial sentence

If a deportation order was made against a person who was not given a custodial sentence, including overstayers deported before 2 October 2000, the order may be revoked if there has been a material change in circumstances relating to the reasons that led to the person’s deportation. The passage of time since the person was deported may itself count as a material change in circumstances that supports revocation.

The original deportation order was invalid

A deportation order may be invalid if it was made in error and did not follow Home Office policy, for example because an exception to deportation should have applied. It can also be invalid where the person has since acquired the right of abode, become a British citizen, or is otherwise exempt under the Immigration Act 1971. A deportation order can also be invalid where the conviction or sentence that led to it has since been quashed or reduced, so that it no longer meets the threshold for deportation. Each case is assessed on its own facts. An invalid deportation order still has legal effect until it is formally revoked.

How to apply for a revocation of deportation order?

There are two main ways to apply for revocation of a deportation order:

Applying directly to the Home Office, or
Applying as part of an entry clearance application.

A person can normally apply to revoke a deportation order after they have been deported and are living outside the UK. There is no specific application deadline or fixed waiting period.

Apply directly to the Home Office

There is no specific form to complete to revoke a deportation order. The request must be made in writing. It should include the person’s:

Full name
Date of birth
Nationality
Current location or postal address
Home Office reference number
Date of deportation, and
Full reasons why the order should be revoked, along with details of any change in circumstances since the order was made.

Apply as part of an entry-clearance (visa) application

A person can also ask for a deportation order to be revoked at the same time as applying for entry clearance to come to the UK. The Entry Clearance Officer will refer the case for the revocation request to be considered separately. An entry clearance application will not automatically be treated as a request to revoke a deportation order unless this is explicitly stated.

References:

GOV.UK: Revocation of a deportation order guidance

GOV.UK: Immigration Rules part 13: deportation

GOV.UK: EEA public policy and public security decisions

LEGISLATION.GOV.UK: Immigration Act 1971

LEGISLATION.GOV.UK: UK Borders Act 2007