Deportation and Removal Matters

Deportation and Removal from the UK are two separate methods the UK Border Agency may use to make a person leave the UK.

Deportation is often used following the conviction of a foreign national for a crime in the United Kingdom whether recommended by the Court or not, when a member of their family is being deported or the UK government decides that it will not be good for people in the UK for that person to remain in the UK usually after they have spent time in prison. A ‘deportation order’ is obtained requiring that person to leave the UK and not come back after a ‘notice of intention to deport’ is made. If you have been in prison, you may not get this notice but will straightaway get a deportation order.

Removal would be used if you or your family do not have leave to remain in the UK whether you came to the UK without obtaining leave prior to your entry or your existing leave has expired. You may also be removed if you had leave to stay but only on certain conditions, and you have not kept to the conditions. for example, if did not have permission to work and you did or if you claimed asylum, but your claim and any appeals you made were refused. If the UK Border Agency decides to remove you, they will give you the decision on form IS151A. You will also get ‘removal directions’ telling you where you are to go, when you will leave and how you will get there. There may sometimes be a long delay between deciding to remove you and sending you removal directions however when you get the directions, you may be required to leave very soon and should therefore seek legal representation without delay.

Both decisions can be challenged by way of appeal to an Independent Immigration Judge and at different stages if you can show you are a refugee or that removal would breach your human rights. If you are convicted in court of a criminal offence, and the judge recommends your deportation, you can appeal against your conviction and the recommendation at the same time. If you get a ‘notice of intention to deport’, you can appeal against the notice before a deportation order is made. If your appeal fails, the deportation order will be made. If you get a ‘deportation order’, you can request the UK Border Agency cancel or revoke it. But their decision may not be made in time to stop you being deported. You may even decide to leave the UK yourself however before you decide whether to leave voluntarily or to challenge a removal, you should get advice on how this could affect any application you make to return to the UK in future. As apparent the complicated processes and implications of such action against an individual can be damaging and it is therefore advised that you seek legal advice from our immigration team.