Administrative Removal & Deportation​

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:

1. 1. • 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:

1. • 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 remote consultations to assess your eligibility for re-entry under current immigration rules. Take advantage of our free initial consultation to evaluate your situation and discover our transparent and competitive pricing should you choose to proceed.

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 consultations, 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:

1. 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.
2. Overstaying Your Leave: Knowingly overstaying your leave in the UK is a criminal offence and can result in removal.
3. Deception: If you have secured leave to remain through deception or have attempted to do so, this can lead to removal.
4. 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.
5. Clandestine Entry: Entering the UK clandestinely can result in removal.
6. Existing Deportation Order: Entering the UK when there is an active deportation order against you can lead to removal.
7. 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 consultation 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 consultation 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 and confidential remote consultations, ensuring accessibility and 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 the results you deserve at a price that encourages our clients to return whenever they need legal advice.

Our expertise spans a variety of legal areas, including:

• Personal Immigration
• Business Immigration
• Family Law
• Civil Litigation
• Clinical Negligence
• Personal Injury
• Business Crime
• Migrant Victims of Domestic Abuse Concession

Choose Axis Solicitors for unparalleled legal support and results. Contact us today for a consultation and experience the difference of working with a dedicated and innovative legal team.