How to avoid deportation and removal from the UK if you are an undocumented migrant
If you live in the UK without any legal status, you may be at a high risk of being forced to leave the country by the Home Office. This can happen if you have overstayed your visa, had your asylum claim refused or entered the country illegally. The Home Office can also deport or remove you if you have committed a crime and served a prison sentence in the UK.
Being deported or removed from the UK can have severe consequences for your life, family, and future. However, there are ways to avoid deportation and removal from the UK by way of challenging the Home Office’s decision to remove you.
What is Deportation and Removal from the UK?
Deportation and Removal are two legal processes the Home Office can use to enforce your departure from the UK. Deportation is when the Home Office issues you with a Deportation Order requesting for you to leave the UK because they think it is in the public interest. For example, this may happen if you have been convicted of a criminal offence and sentenced to prison more than 12 months.
Removal is when the Home Office notifies you to leave the UK because you have no legal right to stay here. This applies if you have overstayed your visa, had your asylum claim refused, or entered the country illegally. Removal can also occur if you have breached the conditions of your leave to remain, such as working without permission or claiming public funds.
When can you be deported or removed from the UK?
The Home Office will notify you in writing if they intend to deport or remove you from the UK. They will give you a reason for their decision and inform you how you can challenge their decision.
If they want to deport you, they will issue a deportation order stating that you must leave the UK and cannot return unless the order is revoked. You will usually be detained in an immigration removal centre until you are deported. When they seek to remove you, they will issue directions that specify your removal date, time and flight number. You may also be detained in an immigration removal centre until you are removed.
How can you avoid deportation and removal from the UK?
There are several ways to avoid deportation and removal from the UK, depending on your personal circumstances and the grounds for your removal.
One way is to apply for leave to remain in the UK based upon your human rights. For example, you may be able to claim that removing you would breach your right to respect your private and family life under Article 8 of the European Convention on Human Rights (ECHR). You may also be able to claim that removing you would expose you to a real risk of serious harm or persecution in your country of origin under Article 3 of the ECHR.
Another way is to apply for asylum in the UK should you have reasonable grounds and evidence to support the same. You must establish that you fear persecution or serious harm in your country of origin because of your race, religion, nationality, political opinion or membership in a particular social group. If your asylum claim is accepted, you will be granted refugee status or humanitarian protection and then you will be allowed to stay in the UK.
A third way is to apply for bail if you are detained in an immigration removal centre. Bail is when a court or tribunal allows you to be released from detention on certain conditions, such as regularly reporting to an immigration officer or living at a specified address. Bail can help you avoid being removed from the UK while challenging the Home Office’s decision or making a new application.
Finally, you are also eligible to apply for a Secretary of State Bail by which detailed representations along with substantial evidence is submitted to the Home Office in respect of your circumstances as to why you wish to remain in the U.K.
How can an immigration solicitor help you?
If you are facing deportation or removal from the UK, you must seek legal advice from an experienced immigration solicitor as soon as possible. An immigration solicitor can help you by:
- Assessing your case and advising you on the options available
- Preparing and submitting your application for leave to remain, asylum or bail
- Gathering evidence and witnesses to support your case
- Representing you at court or tribunal hearings
- Liaising with the Home Office and other authorities on your behalf
- Challenging any unlawful or unfair decisions by way of a judicial review
At Axis Solicitors, we have a team of expert immigration solicitors who can help you avoid deportation and removal from the UK. We have successfully helped many clients at risk of being removed from the UK by challenging the Home Office’s decision on human rights, asylum or bail grounds.
We offer a free initial consultation to assess your case and advise you on how we can help. We also offer fixed fees so you know what our services will cost. If you are facing deportation or removal from the UK, don’t delay, contact us today to book your free assessment of your case and find out the legal options available for you.
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