Key Differences In Deportation Vs. Removal

In immigration law, the terms ‘deportation’ and ‘removal’ are often mistakenly used interchangeably. However, they represent two distinct legal processes with different consequences and legal frameworks. At Deluxe Law Chambers, we aim to provide clarity on these crucial distinctions to help individuals better understand their legal position and the appropriate steps forward.

What is Deportation Under UK Immigration Law?

Deportation refers to the formal process by which a non-British citizen is compelled to leave the UK, typically because their presence is deemed not conducive to the public good.

Legal Framework for deportation

The authority for deportation is primarily found in Section 3(5) of the Immigration Act 1971, which states that a person may be subject to deportation if:

• The Home Secretary believes deportation is in the public interest; or
• A family member has been ordered to be deported.

Additionally, under Section 3(6) of the same Act, a person may be liable to deportation if a court recommends it after a criminal conviction. However, the Home Office guidance clarifies that such recommendations are not automatically binding.

The UK Borders Act 2007 introduced the concept of automatic deportation for foreign nationals who have been convicted of a serious criminal offence. Section 32(5) mandates that deportation is considered conducive to the public good in these cases, and Section 32(6) requires the Home Secretary to issue a deportation order unless specific exemptions apply.

Special Considerations for EEA Nationals

For EEA nationals and their family members with rights under the Withdrawal Agreement, deportation must be based on public policy, health, or security grounds, provided the criminal conduct occurred before 31 December 2020.

What is Removal From the UK?

Removal, often referred to as administrative removal, involves the expulsion of individuals who do not have valid immigration status in the UK. This is distinct from deportation, as it is not based on public interest but rather on a lack of legal entitlement to remain in the country.

Legal Framework For Removal

The primary legal basis for removal is found in Section 10(1) of the Immigration and Asylum Act 1999, which applies to anyone who:

• Requires leave to enter or remain in the UK; and
• Does not currently hold valid leave.

This power covers a wide range of individuals including:

• Illegal entrants, as defined by Section 33(1) of the Immigration Act 1971;
• Overstayers, who remain in the UK beyond the expiry of their visa or permission;
• Individuals who breach visa conditions (such as working without permission);
• Those who have used deception, unless it renders them illegal entrants.

Re-Entry After Deportation vs Removal

One of the most significant distinctions between deportation and removal lies in the impact on an individual’s ability to return to the UK.

• Deportation orders have no automatic expiry. They remain valid until formally revoked.
• A person who attempts to re-enter the UK while a deportation order is still in effect is treated as an illegal entrant.

Revocation is possible but must be applied for, and even then, approval is not guaranteed. In contrast, those removed under administrative powers face a re-entry ban of between 12 months and 10 years, depending on their circumstances.

Re-Entry Bans: Duration and Exceptions

Re-entry bans apply to individuals who have previously breached UK immigration law, including:

• Overstaying a visa
• Illegal entry
• Deception
• Breach of visa conditions

According to paragraph 9.8.7 of the Immigration Rules, the ban’s duration varies:

• 12 months to 10 years, depending on how the individual left the UK and whether they left voluntarily or were removed.

Notably, deportees are automatically subject to a 10-year re-entry ban—but even after this period, a valid application may still be refused unless the deportation order is revoked.

Applications under Appendix FM or Appendix Adult Dependent Relative are assessed under discretionary grounds, offering more flexibility if compelling factors are present.

Key Takeaways: Deportation vs Removal

To summarise the differences:

Facing Deportation or Removal? Contact Deluxe Law Chambers

Whether you are facing deportation due to a criminal conviction or removal for overstaying your visa, it is crucial to seek legal advice from a qualified immigration solicitor. At Deluxe Law Chambers, our experienced immigration lawyers offer tailored support for clients navigating complex removal and deportation procedures.