Are You Facing Deportation Or Removal From The UK?
If you do not have permission to stay in the UK (known as leave to remain or a visa), you may face removal by the Home Office. This is often referred to as ‘forced removal’ or ‘administrative removal.’
If you have been convicted of a crime and are not a British citizen, you could face deportation. In the UK, deportation has a specific legal meaning: it refers to the enforced removal of someone, usually after serving a criminal sentence, on the grounds of protecting the public.
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Facing Removal From The UK?
You may be at risk of removal if:
- You do not have, or have not applied for, leave to remain.
- Your asylum or immigration application has been refused.
- Your limited leave to remain has expired.
If the Home Office decides to remove you, you will receive a “notice of intention to remove.” This letter will include a notice period of at least five days (as per the Nationality and Borders Act 2022) during which you cannot be removed. It may also provide details about your departure, such as flight information.
Circumstances When You Cannot Be Removed
You should not be removed if:
- You have an ongoing asylum claim and are awaiting a decision. However, if your claim is deemed “inadmissible” because you traveled through another country, you may still face removal.
- You are appealing a refusal of your immigration or asylum application and have the right to appeal within the UK. Note: Non-suspensive appeal cases may still be subject to removal.
- You have submitted a fresh claim that has not yet been assessed. Keep proof of submission.
- You have an injunction preventing removal.
- Judicial review proceedings, even without an injunction, are ongoing.
- Removal would violate your human rights or the UK’s obligations under the Refugee Convention or European Convention on Human Rights.
Challenging Removal
To challenge a removal, you or your lawyer should provide evidence to the Home Office showing why removal should not proceed. This may include:
- Ongoing legal proceedings.
- Fresh asylum or human rights claims.
- Procedural errors by the Home Office.
If the Home Office refuses to cancel the removal despite valid reasons, you may need to seek an injunction.
Deportation Following a Criminal Sentence
If deportation is initiated, you will receive a notice of deportation arrangements. The Home Office prioritizes deportation for public safety, particularly for individuals sentenced to more than 12 months.
Deportation may extend to family members unless they are British citizens, have Indefinite Leave to Remain, or live apart from you.
For sentences exceeding four years, only “very compelling circumstances” can prevent or revoke a deportation order. For sentences of 12 months to four years, deportation is generally deemed proportionate unless it would breach Article 8 (right to family and private life).
Challenging Deportation
To challenge deportation:
- Submit asylum or human rights claims as early as possible.
- Respond promptly to Section 120 “one-stop notices,” explaining all reasons why you need to stay in the UK.
- Consider judicial review if your application is refused without appeal rights.
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