Deportation means that the Home Office asks someone to leave the UK because their presence is viewed as a risk to the public or the public good. A deportation order has serious consequences. It requires you to leave the UK, prevents you from re-entering while the order remains in force.
It is important to understand that deportation is different from ‘administrative removal’. Administrative removal is used when someone has no lawful basis to remain in the UK. This may be because their visa has expired, they overstayed, they breached visa conditions, or their asylum claim was refused. It does not rely on public good grounds or criminal convictions. For example, a person who overstays their visa by several months may face administrative removal. They have not committed a serious offence, but no longer have permission to stay. On the other hand, a person convicted of a serious offence and sentenced to more than 12 months in prison may face deportation because the law treats their removal as required for the public good. The consequences also differ. Deportation leads to an automatic ban on re-entering the UK unless the deportation order is revoked. Administrative removal does not involve a deportation order, and re-entry rules depend on individual circumstances.
Table of contents
- How can immigration lawyers help with deportation or removal?
- What to do if you received a deportation order?
- Reasons for UK deportation
- UK deportation process
- Can you come back to the UK after deportation?
How can immigration lawyers help with deportation or removal?
Facing deportation or removal from the UK can be highly stressful, particularly as the process often moves quickly and can leave you feeling overwhelmed. An experienced immigration lawyer can help you understand your position, explore your options, and safeguard your rights.
A specialist immigration lawyer can assist in the following ways:
- Review Home Office reasons for deportation or removal – they will help you understand whether the Home Office is legally allowed to remove you and what arguments may be used to challenge the decision
- Assess your circumstances and immigration history – your immigration Solicitor will identify possible grounds to challenge removal, including human rights arguments, strong family ties, rehabilitation, or errors in the decision
- Prepare and submit appeals – if you have a right of appeal, your immigration lawyer will gather evidence, prepare legal documents, and present your case before the First-tier Tribunal or Upper Tribunal
- Handle judicial review – if the decision made by the Home Office is unlawful, unreasonable, or procedurally unfair, your immigration lawyer may recommend a judicial review in the Upper Tribunal or High Court
- Support with revocation applications – if you are outside the UK and wish to apply to revoke a deportation order, a lawyer can prepare the application and explain the evidence needed
- Negotiate with the Home Office – your immigration lawyer can contact the Home Office on your behalf, request case updates, clarify issues, and provide further evidence to strengthen your position, and
- Protect your rights during detention – if you are detained or required to report, your lawyer can advise on your rights, challenge unlawful detention, request bail, and ensure you are treated fairly throughout the process.
What to do if you received a deportation order?
If you have received a deportation order from the Home Office, it is important to read your letter carefully. The order will set out the reasons for your deportation, any rights you have, and important deadlines. It is advisable to speak to an immigration lawyer as soon as possible so you do not miss a deadline or lose an opportunity to challenge the decision.
Depending on the reasons for your deportation, you may have several legal routes available to you, including:
- Challenge the decision or submit further representations
- Appeal if challenging the deportation decision is not successful
- Apply for a judicial review
- Prepare for a revocation application if already removed
Please note: some Commonwealth citizens and citizens of Ireland are exempt from deportation if they meet all the following requirements:
- They are a Commonwealth citizens, Pakistani national, or a citizen of the Republic of Ireland, and
- They were ordinarily resident in the UK on 1 January 1973, and
- They have lived in the UK for the last five years at the time of the Home Office decision or conviction.
Time spent in prison for six months or more does not count towards the five-year period. Being in the UK without permission in the past does not break the period of residence.
Challenge the decision or Submit further representations
If you have new evidence or a change in circumstances, you can ask the Home Office to look at your case again. This may include medical evidence, family life evidence, updates about your rehabilitation, or documents showing why deportation would be unfair or unlawful. The Home Office must review this information and decide whether the deportation decision should be changed or withdrawn.
Appeal the deportation decision
Under the current immigration rules, those who receive a deportation order do not have an automatic right of appeal. It is still possible to bring an appeal against deportation, but only in limited circumstances, including where:
- A person has been granted pre-settled or settled status under the EU Settlement Scheme (EUSS), or they have a valid EUSS family permit, and a decision to issue them with a deportation order was made on or after 11 pm on 31st January 2020.
- The right to private and family life under Article 8 of the ECHR applies.
- A person jailed for 4 years or more has very compelling circumstances (e.g. serious illness).
- A person jailed for more than 1 year but less than 4 years has a child who is a British citizen or has resided in the UK for 7 or more years, as long as:
- It would be unduly harsh for the child to live in the country where they are being deported to, or it would be unduly harsh for their child to remain in the UK without them.
- They are integrated into the UK, and if there would be significant obstacles to their integration into the country they will be deported.
- A person jailed for more than 1 year but less than 4 years is in a genuine and subsisting relationship with a partner who is a settled person or British citizen, as long as:
- They did not enter into the relationship when their immigration status was ‘precarious.’
- It would be unduly harsh for their partner to reside in the country where they are being deported, or it would be unduly harsh for their partner to remain in the UK without them.
- They are integrated into the UK, and if there would be significant obstacles to their integration into the country, they will be deported.
Apply for judicial review
If there is no right of appeal, or if the decision involves a legal error, you may be able to challenge it through judicial review. Applying for judicial review means you are challenging whether the Home Office made a lawful decision to deport you. It is not a second appeal. It is used only when there is a clear legal error, such as the Home Office acting unfairly or failing to follow the correct process.
At the final hearing, a judge will look at your case and decide whether the Home Office acted fairly and followed the law when making the decision to deport you.
If the judge finds that the Home Office acted unlawfully, they can cancel the decision and tell the Home Office what it must do next. This may include making a new decision or re-examining your case properly.
If the judge does not agree with your claim, you may be able to ask for permission to appeal to the Court of Appeal. You would need specialist legal advice before taking this step.
Prepare a revocation application if already removed
If you have already been removed from the UK, you may still be able to challenge the decision from abroad. This is done by applying to revoke the deportation order. The application must be made from outside the UK and should explain what has changed since you were deported, why the order should no longer apply, and how keeping it in place would be unfair or disproportionate. If the Home Office agrees to revoke the order, you may then be able to apply for a visa to return, although re-entry is not guaranteed.
Reasons for UK deportation
A foreign national who is not an Irish citizen can be deported if:
- They have been convicted of a crime and sentenced to at least 12 months in prison
- The Home Secretary believes their removal is in the public interest, even if they did not receive a 12-month sentence.
- They are the spouse, civil partner or child under 18 of someone who is being deported.
What does ‘deportation is conducive to the public good’ mean?
“Deportation is conducive to the public good” means if the Home Office believes your conduct or behaviour poses a risk to the public, public safety, or the UK’s immigration system, you may be deported—even if you do not meet the automatic deportation rules, which is you are not sentenced to 12 months or more in prison.
Deportation on ‘public good’ grounds can occur where a person’s behaviour shows:
- Serious harm
- Persistent offending
- National security risks
- A court has recommended deportation
- Serious drug or gun crime
- Serious or high harm
- Participation in or facilitation of a sham marriage
- Immigration fraud or helping others commit fraud
This list is not exhaustive. The Home Office looks at factors such as the seriousness of the conduct, the person’s history, the impact on the public, and any evidence of rehabilitation or change in circumstances. It also considers family life, length of residence, and the best interests of any children involved.
UK deportation process
The deportation process usually follows several stages:
- Consideration of liability for deportation
- Issuing a notice of intention to deport or a deportation order
- Opportunity to appeal or seek judicial review
- Enforcement and removal
Consideration of liability for deportation
The first stage is when the Home Office decides whether someone should be considered for deportation. This involves looking at the person’s criminal conviction, behaviour, or immigration history to see if they meet the criteria for deportation. The Home Office will assess the nature of the offence, the length of any prison sentence, any risk to the public, and whether deportation would be considered in the public good. They may also consider the person’s ties to the UK, family situation, and any factors that could make deportation disproportionate or unlawful.
Issuing a deportation order
If the Home Office decides to move forward with deportation, it will usually issue a notice of intention to deport or make a formal deportation order. A notice of intention explains that the Home Office is considering deportation and gives the person an opportunity to respond or challenge the decision. A deportation order is more serious. It confirms that the Home Office has decided to deport the person and legally requires them to leave the UK. Once a deportation order is in place, the person cannot return to the UK unless the order is revoked. It remains in force until the Home Office agrees to cancel it.
Appeals and judicial review
You may have a right to appeal the deportation decision to the First-tier Tribunal. If you have this right, you can challenge the decision by presenting evidence about your family life, length of residence, rehabilitation, or any risk you would face if removed. The Tribunal will then decide whether the Home Office acted correctly.
If the decision does not carry a right of appeal, you may still be able to challenge it through judicial review. Judicial review looks at whether the Home Office followed the law and acted fairly when making the decision. This option is normally used only when appeal rights are not available.
Enforcement and removal
If your appeal or judicial review is unsuccessful, the Home Office can move to enforce the deportation order. This means they may set a removal date and make arrangements for you to leave the UK. The amount of notice you receive depends on your situation. Some people are given written notice and time to prepare, while others may be detained and removed with shorter notice periods. The Home Office must follow its enforcement guidance, which includes rules on notice, access to legal advice, and opportunities to raise any new information that may affect removal.
The Home Office must give you notice that they intend to deport you from the UK. You should be given a notice period for the deportation of 7 calendar days if you are not currently detained. This is 72 hours if you are currently detained; this must include two working days, and the last 24 hours must include a working day.
If you are being deported by way of a charter flight from the UK, you will be given a notice period of 5 working days.
In addition to the above, in ‘non-suspensive appeal’ cases, you must be given at least 5 working days’ notice of removal. This is only 72 hours if your case has already been challenged by way of a judicial review. ‘Non-suspensive’ means that the Home Office is not required to delay your removal until you have had the opportunity to appeal a refusal of an asylum claim.
Can you come back to the UK after deportation?
You may return to the UK after deportation, but only if your deportation order is revoked. You must apply from outside the UK unless removal would breach your human rights. The application should be in writing and supported by evidence showing a significant change in circumstances since the deportation took place.
Revocation of a deportation order does not guarantee re-entry to the UK. It only permits you to apply for permission to enter or stay. Each application is assessed independently, and entry is not assured.