UK Deportation Based on Conducive Grounds

Deportation from the United Kingdom represents one of the most serious immigration enforcement actions the Home Office can take. Understanding the legal framework, your rights, and the process is crucial whether you’re facing deportation proceedings, supporting someone who is, or simply seeking to understand how the system works.

What Does “Conducive to the Public Good” Mean?

The phrase “conducive to the public good” gives the Secretary of State broad discretion to deport foreign nationals whose presence in the UK is deemed contrary to public interest. This power comes from the Immigration Act 1971 and allows deportation based on various grounds including criminality, national security concerns, and immigration abuse.

The government’s position is clear: foreign nationals who commit serious crimes, threaten public safety, or abuse the immigration system should not remain in the UK.

Who Is Subject to Deportation?

Criminal Deportation Thresholds

The Home Office will typically pursue deportation where a foreign national has:

Prison sentences: Received a custodial sentence of 12 months or more for a single offence, either in the UK or overseas. Note that this must be a single sentence, not consecutive sentences that total 12 months.

Suspended sentences: From December 2025, those receiving suspended sentence orders of six months or more are now routinely considered for deportation.

Serious harm offences: Been convicted of an offence that has caused serious harm to victims or society. This includes violent crimes, sexual offences, and serious drug trafficking, regardless of sentence length.

Persistent offending: Demonstrated a pattern of repeated criminal behaviour over time. You don’t need a custodial sentence to be considered a persistent offender. Someone who “keeps breaking the law” through multiple convictions can face deportation even for lesser offences.

Non-Criminal Deportation Grounds

Deportation isn’t limited to criminal conduct. The Home Office can also pursue removal for:

National security concerns: Including terrorism-related activities or extremism Sham marriages: Participating in or facilitating marriages of convenience to circumvent immigration controls Immigration fraud: Assisting others to fraudulently obtain immigration status or leave to remain Court recommendations: Where a criminal court specifically recommends deportation in sentencing Gun crime or serious drug offending: Regardless of sentence length received

This list is not exhaustive. The Secretary of State can deem deportation conducive to the public good in any case where someone’s presence threatens public interest.

Who Cannot Be Deported?

British Citizens

British citizens cannot be deported under any circumstances. This includes those who are British citizens by descent and British Overseas Territories citizens (with the exception of those connected to Cyprus Sovereign Base Areas).

However, if someone’s British citizenship is revoked through deprivation proceedings, they can then be subject to deportation for offences committed while they held citizenship.

Commonwealth Citizens with Historical Protections

Section 7 of the Immigration Act 1971 provides an exemption for certain Commonwealth citizens who meet all these criteria:

• Were Commonwealth or Irish citizens on January 1, 1973 (when the Act came into force)
• Were ordinarily resident in the UK on that date
• Have been ordinarily resident in the UK for at least five years before the deportation decision (excluding time in prison of six months or more)

This protection applies to citizens of countries including Australia, Canada, India, Jamaica, Kenya, Nigeria, Pakistan, South Africa, and dozens of other Commonwealth nations that were members in 1973.

Irish Citizens

Irish citizens receive special treatment under UK immigration law. The UK does not routinely deport Irish citizens except in exceptional circumstances such as:

• Where a court has specifically recommended deportation
• National security cases
• Crimes posing particularly serious public safety risks (terrorism, murder, serious sexual or violent offences) with sentences of 10 years or more

This applies to all Irish citizens, including those with dual Irish and non-British nationality.

Diplomatic Personnel

Diplomats and their family members are exempt from deportation under section 8 of the Immigration Act 1971 and the Diplomatic Privileges Act 1964.

The Automatic Deportation Provisions

UK Borders Act 2007

The UK Borders Act 2007 created a duty on the Secretary of State to make a deportation order against “foreign criminals” defined as non-British, non-Irish citizens who:

• Were convicted in the UK of an offence
• Received a sentence of imprisonment of at least 12 months
• Were serving that sentence on or after August 1, 2008

This automatic deportation applies unless specific exceptions exist. The Act represents Parliament’s clear view that serious foreign criminals should be deported.

What Counts as Imprisonment?

Imprisonment includes detention in institutions other than prisons, such as hospitals or young offender institutions, provided the sentence is for at least 12 months. It also includes indeterminate sentences that may last 12 months or more.

Important timing note: A sentence of 52 weeks equals only 364 days and does NOT meet the 12-month threshold. The sentence must be 12 calendar months (365 days) or more.

Suspended sentences: These don’t count toward the 12-month threshold unless a court subsequently orders the suspended sentence (or any part of it) to take effect. However, if the original suspended sentence was for 12 months or more and any portion is activated, automatic deportation provisions apply.

Exceptions to Automatic Deportation

Even when the automatic deportation duty applies, several exceptions can prevent deportation:

Human Rights and Refugee Protection

Where deportation would breach rights under the European Convention on Human Rights or the UK’s obligations under the Refugee Convention, deportation cannot proceed. This most commonly involves:

Article 8 ECHR: The right to respect for private and family life. Strong family ties in the UK, particularly with British children or partners, can outweigh the public interest in deportation.

Articles 2 and 3 ECHR: Protection from torture, inhuman or degrading treatment, or threats to life. If you would face serious harm in your home country, you cannot be returned there.

Refugee Convention: If you qualify for asylum or would face persecution on return, deportation is prevented.

Age Exception

Those under 18 at the time of conviction are excepted from automatic deportation. However, if they’re now over 18, deportation may still be pursued under the Immigration Act 1971.

Extradition Proceedings

If you’re subject to an extradition request, the automatic deportation duty doesn’t apply while those proceedings are ongoing. UK policy gives priority to extradition over deportation.

EU Settlement Scheme Cases

Complex rules apply to those with EU Settlement Scheme (EUSS) status or pending applications:

• For conduct after December 31, 2020 (end of Brexit transition): EUSS holders face deportation under standard UK thresholds like any other foreign national
• For conduct before December 31, 2020: Higher protections apply, requiring the “public policy or public security test” to be met

Mental Health Grounds

Those subject to hospital orders, guardianship orders, or restriction directions under mental health legislation are excepted from automatic deportation. These cases are handled by the Mentally Disordered Offenders team.

Victims of Human Trafficking

The UK cannot deport potential victims of modern slavery during their recovery period following a positive “reasonable grounds” decision by the competent authority. However, the “public order disqualification” can remove this protection where someone’s offending poses a threat to public order that outweighs their recovery needs.

The Two-Stage Deportation Process

Stage 1: Notice of Intention to Deport

The Home Office issues a formal notice explaining why your deportation is being considered. This stage 1 decision sets out:

• Why you meet the threshold for deportation
• Your known circumstances (residence, family ties, immigration status)
• Your right to make representations within 28 days

You should use this opportunity to provide all evidence of why deportation would be disproportionate, including:

• Details of family members in the UK (with documentary proof)
• Length and nature of UK residence
• Evidence of rehabilitation
• Medical conditions
• Country conditions information if you claim harm on return
• Any other factors supporting your right to remain

A section 120 notice accompanies the decision, placing a continuing duty on you to raise any reasons you should remain in the UK as circumstances change.

Stage 2: Final Deportation Decision

After considering representations (or if none are received), the Home Office makes a final decision. The stage 2 decision letter:

• Addresses all representations made
• Explains whether any human rights or protection claims succeed
• Sets out appeal rights (if any)
• May be accompanied by the deportation order itself

If you’ve raised protection (asylum) or human rights claims, these must be fully considered before a deportation order can be signed.

Consideration of Children’s Best Interests

The Home Office has a statutory duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare of children. This doesn’t prevent deportation, but requires careful consideration of how it affects children.

When deportation would impact children, decision-makers must assess:

Direct impacts: Emotional distress, separation from a parent, disruption to education and stability

Indirect impacts: Effects on the remaining parent or caregiver that impact the child, financial hardship, changes in living circumstances

The best interests of affected children are a “primary consideration” but not the only consideration. Where deportation serves a strong public interest (serious criminality), it may proceed despite negative impacts on children, but only after careful balancing.

Human Rights Claims: Article 8 and Family Life

Article 8 of the European Convention on Human Rights protects the right to respect for private and family life. The Immigration Rules (paragraphs 13.2.3 and 13.2.4) set out when family or private life claims will succeed against deportation.

The Public Interest Test

Parliament has determined that deporting foreign criminals is in the public interest. The Rules reflect increasing seriousness:

For sentences under 4 years: Deportation should proceed unless there are “very compelling circumstances” beyond normal Article 8 considerations.

For sentences of 4 years or more: Only in exceptional cases will family or private life outweigh deportation. The circumstances must be “very compelling” and go beyond the exceptions already in the Rules.

When Article 8 Claims May Succeed

You may defeat deportation where:

• You have a genuine relationship with a British partner or qualifying partner, and it would be unduly harsh for them to relocate or remain in the UK without you
• You have a genuine relationship with a British child under 18, it would be unduly harsh for the child to relocate or remain in the UK without you, and you’re taking an active role in their upbringing
• You’ve been lawfully resident in the UK for most of your life, are socially and culturally integrated, and would face very significant obstacles to integration in your country of origin

“Unduly harsh” means more than merely harsh or uncomfortable. It requires a high threshold of exceptional difficulty or hardship.

Length of Residence

Long residence in the UK strengthens your case, particularly if you arrived as a child. Those who’ve spent most of their formative years in the UK and have little connection to their country of nationality have stronger Article 8 claims.

However, even 20 or 30 years of residence may not prevent deportation for very serious offending. Each case depends on its specific facts.

Sham Marriage and Immigration Fraud Cases

The Home Office can pursue deportation for non-criminal immigration abuse, specifically:

Sham Marriages

Participating in or facilitating a “marriage of convenience” entered into solely to circumvent immigration controls is considered contrary to fundamental interests of society. Deportation can proceed without a criminal conviction based on:

• Evidence the marriage was not genuine
• Evidence you facilitated another person’s sham marriage
• Conduct occurring after December 31, 2020 (for relevant persons with EUSS status)

It must still be proportionate. Those deceived or forced into sham marriages should not face deportation.

Facilitation of Fraudulent Leave Applications

Assisting others to fraudulently obtain immigration status through false evidence (fake employment records, tenancy documents, relationship evidence) also grounds deportation. Again, this doesn’t require criminal conviction but must be proportionate.

The Deportation Order and Its Effects

When It Takes Effect

For automatic deportation cases under the 2007 Act, the order takes effect once in-country appeal rights are exhausted.

For deportation under the Immigration Act 1971, the order takes effect immediately when made.

Consequences

A deportation order:

• Requires you to leave the UK
• Invalidates any existing leave to remain (including indefinite leave)
• Prevents lawful re-entry while in force
• Typically includes a re-entry ban

Any leave granted while a deportation order is in force is invalid.

Re-Entry Bans

Standard ban periods are:

• 10 years for most criminal deportations
• Indefinite for national security or public good grounds (though you can apply for revocation after 10 years)

Returning to the UK while a deportation order is in force without written Home Office authorization is a criminal offence.

Revoking a Deportation Order

Deportation orders remain in force until formally revoked. To return to the UK, you must apply for revocation, demonstrating:

• Significant time has passed (usually close to the ban period)
• Circumstances have fundamentally changed
• You’ve been rehabilitated and pose no threat
• There are compelling reasons to return (such as family ties that couldn’t be maintained from abroad)

The Home Office has broad discretion. Success is never guaranteed and the process can take many months.

Automatic Revocation

Deportation orders against family members (spouses, partners, children) automatically cease to have effect if:

• The family relationship ends (divorce, separation, child turns 18)
• The principal person’s deportation order is revoked

What Happens If Deportation Cannot Proceed?

If deportation ultimately cannot proceed (for example, a successful appeal or compelling human rights grounds), you’ll typically be granted leave to remain. However:

• You remain “liable to deportation” if circumstances change
• Future leave applications will be reviewed in light of your criminal history
• If factors preventing deportation cease to exist (e.g., relationship breakdown), a new deportation decision can be made for the same conduct

The Home Office may also consider revoking indefinite leave to remain even if deportation cannot proceed due to legal barriers.

Key Takeaways

Deportation on conducive grounds gives the Home Office broad power to remove foreign nationals whose presence isn’t in the public interest. The process involves:

• Clear thresholds based primarily on criminal offending
• A two-stage decision process with opportunities to make representations
• Consideration of human rights, particularly family and private life
• Special protections for certain groups (children, trafficking victims, those with pre-Brexit EU rights)
• Appeal rights for protection and human rights claims
• Long-lasting consequences including re-entry bans

Strong family ties, long residence, rehabilitation, and the best interests of children can sometimes outweigh deportation, but serious criminality creates a heavy public interest in removal. Each case depends on its specific facts and requires careful legal analysis.

If you’re facing deportation, seek specialist legal advice immediately and provide all evidence supporting your right to remain as early as possible in the process. Time is critical, and early action gives you the best chance of mounting an effective defence.