Deportation UK

The Home Secretary has a discretion to issue deportation orders under Section 3(5)(b) and(6) of the Immigration Act 1971. Individuals with the Right of Abode, including those that are British, cannot be deportation. Anyone else, including foreign nationals for example, with Indefinite leave to remain, limited leave to remain, pre-settled status or settled status, are liable to deportation. A deportation order invalidates any limited leave to enter or remain, you may have.

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The Secretary of state can order deportation if the following apply:

  • Your deportation is considered to be conducive to the public good and in the public interest because you have been conceited of a criminal offence. If the Home Secretary believes that your deportation to be conducive to the public good. The assessment of public interest in deportation matters, is as follows:
    1. Risk of the foreign national will re-offend;
    2. Need to deter foreign nationals from committing serious crimes;
    3. Society’s disgust to serious crimes and building public confidence
  • A criminal court has recommended your deportation, this only applies to cases where:
    1. the person is 17 years or over;
    2. and the offence led to imprisonment;
  • a family member of a deportee. This is a controversial ground for deportation, as the family member may not have committed an offence.

The Secretary of State has the power to issue an Automatic Deportation Order under Section 31 of the Borders Act 2007. This again does not apply to those with a Right of Abode in the UK, including those who are British Citizens.

What if the foreign national criminal is an EEA National? EEA Nationals are an exception to the rule of automatic deportation if, you can show that you have been exercising your treaty rights under the EU Treaties. Deportation can still proceed under the ground of public policy, security or public health.

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Immigration Matters

Spouse Visa

If you are married or in a civil partnership, you might be eligible to apply for UK Spouse Visa.

Fiance Visa

If you have 'settled status' in the UK, your fiance may be able to join you in the UK.

Naturalisation

After 12 months of getting your ILR, you might be eligible for naturalisation.

Deportation

If you have been detained or refused an entry in the UK, we are here to help, contact us.

ILR

If you have completed time required for your route legally, you might be eligible for ILR.

Detention

If you have been detained or refused an entry in the UK, we are here to help, contact us.

Asylum

If you have fear of persecution, you maybe eligible for grant of asylum as a refugee.

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