Administrative Removal
Administrative Removal & Deportation
Administrative removal refers to the expulsion of individuals from the UK for breaching immigration laws. This procedure differs from deportation, which is reserved for those who have committed serious criminal offences.
Facing administrative removal can be an overwhelming experience. At Axis Solicitors, our team of experts has a strong track record in successfully challenging these removals. We are dedicated to protecting your rights and securing the best possible outcome. Contact Axis Solicitors today for a free initial assessment.
Administrative Removal
Administrative removal is a legal process for expelling individuals from the UK who have breached immigration laws. Governed by Section 10 of the Immigration and Asylum Act 1999, this procedure is distinct from deportation, which is reserved for individuals who have committed serious criminal offences. Administrative removal may be enforced by the Secretary of State for the Home Department (SSHD) or an immigration officer.
When is Administrative Removal Applied?
A person is liable for administrative removal if they:
- Fail to comply with conditions of leave to enter or remain in the UK.
- Are illegal entrants or overstayers.
- Obtain leave to remain by deception.
- Are the spouse, civil partner, or child under 18 of a person who has been issued removal directions.
Reasons for Administrative Removal
Lack of Required Leave:
- Breaching Visa Conditions: Violating the terms of a visa, such as working when prohibited.
- Overstaying Visa: Remaining in the UK beyond the expiration of a visa.
- Deception: Obtaining or attempting to obtain leave to remain through false information or deception.
- Family Members: Spouses, civil partners, or children under 18 of individuals who have been issued removal directions.
Illegal Entrants:
- Unlawful Entry: Entering or attempting to enter the UK unlawfully, including breaching a deportation order or the Immigration Rules.
- Clandestine Entry: Entering the UK clandestinely.
Notification and Section 120 Notice
The Home Office has a statutory duty to notify individuals liable for removal. Notices must be given within 7 days for those not detained and 72 hours for those in detention. The notice informs the individual:
- That they are liable for removal from the UK.
- The country to which they will be removed.
- Information about the consequences of being in the UK illegally and assistance available for returning home.
A Section 120 notice requires individuals to inform the Home Office about any new grounds for remaining in the UK that have not been previously raised. There is a 3-month removal window once the notice period has expired to remove individuals.
Deportation
Deportation is a serious punitive immigration measure under Section 5 of the Immigration Act 1971. A deportation order requires an individual to leave the UK and prohibits re-entry while the order is in force.
Grounds for Deportation
The SSHD may order a deportation under Section 3(5)(b) and (6) of the 1971 Immigration Act for the following reasons:
- The Secretary of State considers the deportation to be ‘conducive to the public good’.
- The individual is a member of the family of a deportee.
- A court has recommended deportation for a person aged 17 or over convicted of an offence punishable by imprisonment.
Exemptions to Deportation
British citizens and others with the right of abode cannot be deported. Additional exemptions are addressed in Section 7(1)(b) and (c) of the 1971 Act.
Procedure for Deportation
The procedure for deportation is outlined in paragraphs 382 and 384 of the Immigration Rules. In addition to the standard immigration appeals process, a deportation order can be contested under Articles 2, 3, 5, 6, and 8 of the European Convention on Human Rights.
Re-entry & Challenging Orders
Re-entry to the UK After Deportation or Removal
Re-entering the UK after being deported or removed may be challenging and is generally prohibited for at least 10 years without a successful revocation of the order. However, family members of a deportee can seek to return without applying for revocation of the order.
Axis Solicitors offers a free initial assessment to assess your eligibility for re-entry under current immigration rules.
Challenging a Deportation or Administrative Removal Order
There is no automatic right to appeal a deportation or removal decision. However, individuals with pre-settled or settled status under the EUSS, or those with a valid EUSS family permit, have a right to appeal decisions made on or after 11 pm on January 31, 2020. Challenges can also be made on human rights grounds for humanitarian protection.
A judicial review can be applied for to challenge the Home Office’s decision. While the court will not replace the Home Office’s decision, it will assess the lawfulness of the decision. Judicial Reviews are used when no other appeal options are available under the circumstances.
Axis Solicitors Legal Services
At Axis Solicitors, we pride ourselves on being a competitive and innovative law firm with a flexible, can-do approach. Leveraging technology, we provide convenient and confidential remote services, ensuring both accessibility and privacy. We also offer complete fixed-fee packages for fully remote immigration services, catering to clients who require them.
Our Services
- Legal Advice: Our experts offer comprehensive advice on relevant laws, procedures, and evidence, covering all legal requirements under immigration rules, human rights articles, and pertinent case law.
- Appeal Rights: We guide you on your appeal rights, including those under Section 3(5)(b) and 6 of the Immigration Act 1971, Section 32 of the UK Borders Act 2007, and the Immigration Rules.
- Appeal Preparation: Our team prepares, files, and serves the prescribed appeal form along with detailed grounds for appeal, ensuring your case is presented effectively.
- Briefing Counsel: We prepare and forward a comprehensive brief to Counsel to ensure robust representation at your hearing.
- Post-Appeal Advice: Following the appeal, we advise on the outcome and outline any further steps to be taken based on the results.
We are committed to providing thorough and effective legal support throughout your case at Axis Solicitors. Contact us today to ensure you have the best possible representation in your deportation or administrative removal case.
2024 Guidelines For Administrative Removal
The UK government has rolled out significant updates to the administrative removal process in 2024, aiming to streamline procedures, provide clearer guidelines, and reduce detention times. These enhancements are intended to make the removal process more efficient and fair, while still upholding stringent immigration controls.
Clearer Guidelines
The new guidelines focus on enhancing transparency in assessing liability for administrative removal. They provide detailed criteria for issues such as overstaying, illegal entry, and the use of deception to obtain entry clearance. By requiring a thorough assessment of an individual’s immigration history and any deceptive actions, these guidelines ensure that administrative removal decisions are based on comprehensive and accurate information. This approach is intended to ensure fair treatment and due process.
Streamlined Processes
The administrative removal process has been simplified to reduce delays and improve efficiency. The updated caseworker guidance now includes clear instructions for preparing and arranging removals, with specific procedures for handling cases involving families and vulnerable individuals. This update serves to ensures that the process is not only efficient but also humane and fair. By minimising procedural complexity, the updated guidelines make the administrative removal process more straightforward for everyone involved.
Reduced Detention Times
One of the primary goals of the 2024 updates is to reduce detention times for individuals facing administrative removal. The new guidelines emphasise voluntary departures, allowing individuals to leave the UK at their own expense within specific timeframes to avoid longer bans on re-entry. Those who choose voluntary departure face significantly shorter re-entry bans compared to those who are forcibly removed. This not only reduces detention durations but also gives individuals greater control over their departure process.
For further assistance and legal support regarding administrative removal, please contact Axis Solicitors. Our experienced team is here to guide you through the complexities of UK immigration law.
When Can You Be Removed from the UK?
There are several common reasons that may lead to administrative removal from the UK:
- Violation of Visa Conditions: If you do not comply with the conditions of your leave. For instance, if you are in the UK on a short-term visit visa, which prohibits working, and you are found working, the Secretary of State can commence removal proceedings against you.
- Overstaying Your Leave: Knowingly overstaying your leave in the UK is a criminal offence and can result in removal.
- Deception: If you have secured leave to remain through deception or have attempted to do so, this can lead to removal.
- Family Member of a Removed Person: You may face removal if you are a family member (such as a partner or child) of someone being removed.
- Clandestine Entry: Entering the UK clandestinely can result in removal.
- Existing Deportation Order: Entering the UK when there is an active deportation order against you can lead to removal.
- Overstaying Limited Leave: The most common reason for administrative removal is staying in the UK beyond the period of your limited leave.
Understanding these grounds can help you avoid situations that may lead to administrative removal from the UK. If you or a loved one require legal assistance or advice, remember that Axis Solicitors offers a free initial assessment and affordable rates if you choose to continue after a solicitor has evaluated your case, options and potential outcomes.
Why Choose Axis Solicitors?
Are you looking for an affordable, top-rated law firm that consistently delivers results? Axis Solicitors is your answer. We offer client-focused, results-driven legal services in UK immigration law for individuals and businesses alike. If you reside near Manchester, Birmingham, or London, visit one of our offices for a free initial assessment to determine the best legal strategy for overcoming your or a loved one’s administrative removal or deportation case.
We pride ourselves on being a competitive and innovative law firm with a flexible, can-do approach to using technology and solving legal cases. We provide convenient remote and confidential services, ensuring accessibility and your privacy. Additionally, we offer complete fixed-fee packages for fully remote immigration services, catering to clients who require them.
As one of the top-rated immigration law firms in Manchester, Birmingham, and London, our cross-domain expertise is what truly sets us apart. Whether you are a business or an individual, our solicitors achieve results that encourages our clients to return whenever they need legal advice.
Our expertise spans a variety of legal areas, including:
Support for Re-entry
If you have been previously removed from the UK, Axis Solicitors is here to help you assess your eligibility for re-entry under current immigration rules. Our experienced solicitors will guide you through the entire process, keeping you well-informed about potential outcomes and supporting you throughout your immigration journey. We provide clear, upfront information about all associated legal service fees.
Schedule your free initial assessment:
- Phone: 0800 048 7573
- Email: contact@axis.lawyer
FAQ: Administrative Removal & Deportation
What Should I Do if I Receive an Administrative Removal Order or Deportation Order in the UK?
Administrative removal or deportation orders are emotionally taxing events to handle. However, if you receive an Administrative Removal Order or Deportation Order in the UK, there are several options to consider going forward. Depending on the unique circumstances of your case, our solicitors can determine whether or not any of the following options are applicable to your case.
Appeal Against Home Office Decisions
If you believe the Home Office has made a mistake, you have the right to challenge their decision by appealing to the First-tier Tribunal (Immigration and Asylum Chamber). Our solicitors are skilled at diligently preparing appeals and ensure they are well-supported with appropriate documentation.
Request an Administrative Review
Depending on the specifics of your case, it may be an option for you to request the Home Office to review their decision without the need for a formal appeal.
Human Rights Claims
If you face persecution or other human rights violations in your home country, considering a human rights claims may be worth exploring with a qualified solicitor. Many of our solicitors specialise in handling these claims and be able to assist by evaluating your eligibility and assist you in building a strong and documented claim.
Leave to Remain Applications
Depending on your individual circumstances, it may be that you qualify for various leave to remain categories, such as family visas, partner visas, or humanitarian protection visas. For any of these applications our solicitors can guide you through the application process, while ensuring you choose the best route to increase your chances of success.
What Is the Difference Between Deportation and Administrative Removal in UK Immigration?
In UK immigration law, the terms “Deportation” and “Administrative Removal” are often confused but they nevertheless have distinct meanings. Deportation is a more severe procedure, applied to individuals whose presence in the UK is deemed not conducive to the public good, due to criminal activity.
Conversely, Administrative Removal applies to individuals who lack proper rights to stay in the UK, such as those with expired visas, visa refusals, or violations of visa conditions.
Understanding these differences is crucial as they have different future implications and potential solutions. At Axis Solicitors, we have skilled immigration solicitors with extensive experience to determine if you are eligible for reentry, whether it involves appealing a removal decision or reapplying for the appropriate visa. Being well-informed and seeking professional advice will significantly improve the likelihood of a successful outcome in your case.
When Could I Be Removed From the UK Under Administrative Removal?
Administrative Removal is a process where individuals can be required to leave the UK for not following immigration rules. This could happen if you:
- Enter the UK without permission: This includes arriving without a valid visa or using deception to enter.
- Overstay your visa: Remaining in the UK beyond the date your visa allows is a breach of immigration rules.
- Breach your visa conditions: This could involve working when you don’t have permission or committing a crime.
Also, do notice that family members of someone facing Administrative Removal, may also face removal.
When Could I Be Deported from the UK?
Deportation is a serious matter that can result in forced removal from the United Kingdom. While each case is unique, here are some common situations where deportation may occur:
- Criminal convictions: If you are convicted of a serious crime in the UK, especially one that poses a threat to public safety, you could face deportation after serving your sentence.
- Threat to public good: Even without a criminal conviction, if the Home Office believes your presence in the UK is not conducive to the public good, you could be subject to deportation.
- Association with deportees: Being the partner or family member of someone who is being deported may also put you at risk of deportation.
- Specific offences: Certain offences, even those not considered serious, may be grounds for deportation under UK law.
It is important to note that deportation is a complex legal process with the potential for appeals. If you are concerned about the possibility of deportation, it is crucial to seek advice from an experienced immigration solicitor as soon as possible.
At Axis Solicitors, we have dedicated immigration solicitors who can provide expert guidance and representation on all matters relating to deportation. Contact us today for a free initial assessment.
What Are the Different Types of Removal From the UK?
If you are facing the prospect of removal from the UK, it is helpful to understand the various processes involved.
Administrative Removal
There are two principal types of administrative removal:
- Inland Removal: Individuals found violating their visa terms within the country may be detained, assessed for potential discretionary release, and then escorted to a departure point for removal.
- Removal from Port: If entry is denied at a port of arrival, individuals can be removed without being granted entry into the country.
Notice of Removal
The timeframe for a removal notice can vary significantly depending on factors such as detention status, ongoing appeals, or scheduled charter flights.
Legal Recourse Against Removal
Our experienced immigration solicitors can provide expert assistance in challenging removal decisions. At Axis Solicitors we are skilled in meticulously examining the legality of procedures and exploring all available legal options for recourse.
Contesting Deportation
There may be opportunities to challenge a deportation order on the grounds of asylum or human rights violations.
Secure Your Future
Facing Administrative Removal or Deportation?
Axis Solicitors specialises in administrative removal and deportation cases.
Our experienced solicitors are dedicated to achieving the best possible outcomes for our clients.
