Removal and Deportation
Understanding Removal and Deportation from the UK
What Is the Difference Between Removal and Deportation?
This typically applies to those who have:
- Overstayed their visa
- Had their visa refused
- Entered the UK unlawfully
Deportation is a legal order, usually following a criminal conviction, requiring a person to leave the UK. The Home Office uses deportation where they believe a person’s presence is not conducive to the public good—often after a criminal sentence of 12 months or more.
Legal Challenges and Support Available
How Can Removal and Deportation Be Challenged?
Professional legal support is available to challenge removal directions, cancel deportation orders, and prepare various legal applications including:
- Appeals against removal or deportation decisions
- Judicial review applications to challenge Home Office decisions
- Human rights claims based on family ties and other circumstances
Legal teams can act swiftly to challenge removal directions and provide urgent strategic support for individuals threatened with removal by the Home Office or deportation following a criminal conviction.
What Is a Removal Direction?
Understanding Home Office Removal Directions
A removal direction is a notice from the Home Office setting a specific date and time for your removal from the UK. These directions can often be challenged through urgent legal action, particularly where there are grounds to remain in the UK or procedural issues with the removal process.
What Is a Removal Direction?
Can You Return to the UK After Being Deported?
Returning to the UK after deportation is not automatic. You must apply for revocation of the deportation order and demonstrate that your circumstances have changed significantly since you were removed.
The revocation process requires showing substantial changes in circumstances and evidence that your return to the UK would be appropriate.
Protection for Families with Children
What Protection Exists for Parents and Children in the UK?
Special considerations apply when removal or deportation affects families, particularly those with children in the UK:
- Parents or Carers of British Children: If you are a parent or carer of a British child or a child who has lived in the UK for several years, this may form the basis of a strong human rights claim to remain in the UK.
- Family Separation: Legal assistance is available for families facing enforced separation due to removal or deportation orders, with particular attention to the welfare and best interests of children involved.
Frequently Asked Questions
What is the difference between removal and deportation?
Removal is an administrative process for people without valid leave to remain. Deportation is a legal order, usually following a criminal conviction, requiring a person to leave the UK.
Can I appeal a deportation decision?
Yes. You may appeal on human rights grounds, particularly if you have family ties in the UK or would face serious harm in your home country.
What is a removal direction?
A removal direction is a notice from the Home Office setting a specific date and time for your removal. It can often be challenged through urgent legal action.
Can I return to the UK after being deported?
Not automatically. You must apply for revocation of the deportation order and show that your circumstances have changed significantly since you were removed.
What if I have children in the UK?
If you are a parent or carer of a British child or a child who has lived in the UK for several years, this may form the basis of a strong human rights claim to remain.
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