Understanding Deportation and Legal Representation in the UK
Deportation Overview Deportation in the UK involves the enforced removal of a non-British citizen from the country, typically due to criminal convictions or breaches of immigration rules. Unlike voluntary departure or administrative removal, deportation is a more severe action and includes a 10-year ban on re-entry.
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Process and Appeals
1. Notice of Decision to Deport
- This letter outlines the Home Office's reasons for wanting to deport you. Unlike other immigration decisions, there is no automatic right to appeal deportation. Appeal rights are limited to decisions related to Human Rights claims under Article 8 of the European Convention on Human Rights (ECHR).
2. Challenging Deportation:
- Article 8 Claims: Deportation can be contested if it breaches your right to private and family life. Claims under Article 8 ECHR must address how deportation would impact your personal and family life.
- Part 13 of the Immigration Rules: If you are facing deportation, the Home Office considers whether it is “conducive to the public good” and whether any Human Rights claims apply.
Immigration Rules (Effective from 9 July 2012)
1. Criminal Sentences of Four Years or More
- Generally, the public interest in deportation outweighs Article 8 considerations unless exceptional circumstances apply.
2. Criminal Sentences of Less than Four Years
- Here, deportation is considered if the crime caused serious harm or the individual is a persistent offender. The criteria for challenging deportation involve assessing whether paragraphs 399 or 399(a) apply.
- Paragraph 399: Applies if you have a genuine parental relationship with a British child or a partner with indefinite leave to remain.
- Paragraph 399(a): Applies if you have a genuine parental relationship with a British child or a partner with indefinite leave to remain.
Criminal Sentences of Less than Four Years
- Voluntary Departure: Leaving the UK of your own volition is not considered deportation.
- Enforced Removal: Administered by the Home Office, it is the compulsory removal of someone without leave to remain.
- Re-entry to the UK To return after deportation, you must apply to revoke the Deportation Order. Revocation does not automatically allow re-entry but makes you eligible to apply for a visa.
- Deportation and Family Having a child in the UK does not automatically prevent deportation. The Home Office must consider the impact on the child’s welfare, particularly under section 55 of the Borders, Citizenship and Immigration Act 2009. Successful challenges often involve demonstrating the significant impact on the child’s well-being.
- EU Nationals Under EU law, deportation of EU nationals is restricted to serious grounds of public policy or security. The threshold for deportation is higher for those with long-term residence.
- Legal Representation we focus on defending clients facing deportation by leveraging both domestic and European case law and Article 8 ECHR. The firm can provide expert advice and representation, particularly in complex cases involving human rights claims or exceptional circumstances.
How Nationwide Lawyers Can Assist
Initial Consultation
Danielle Cohen offers a free initial consultation to assess your case and advise on the best course of action.
Representation
The firm specializes in appealing deportation orders, particularly where there are compelling human rights grounds or exceptional circumstances affecting family life.
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