Deportation means being forced to leave the UK and being unable to return for at least 10 years. It is used for non-British citizens who have committed criminal offences. If the Home Office wants to deport you, you will be given a notice of a decision to deport. This is a letter which explains the Home Office’s reasons for wanting to deport you. There is no automatic right of appeal against deportation. A right of appeal is limited to a decision to refuse a Human Rights claim.
- 1 Deportation solicitors uk
- 2 Does voluntary departure from the UK count as deportation?
- 3 When can I come back to the UK after a deportation?
- 4 Can you be deported if you have a child in the UK ?
- 5 Could I face deportation after a criminal conviction in the UK ?
- 6 Can you be deported if you are a British citizen?
Deportation solicitors uk
At OVO Solicitors we focus on the relationship between the Immigration Rules which came into force on 9th July 2012, and domestic and European case law and Article 8 of the ECHR, as they apply to cases involving deportations on the grounds that it is conducive to the public good. We fight against the proposed deportation from the UK of our clients and advise them about the changes that were brought about by the Immigration Rules which came into force on 9th July. These Rules state that deportation will apply regardless of when the Notice of Intention to Deport or Deportation Order was made or served.
The new Rules applying to the assessment of Article 8 cases in the deportation context are divided into two categories:
WHAT WE DO
- Those sentenced to at least four years imprisonment, for whom the public interest in deportation will normally outweigh Article 8 considerations, other than in exceptional circumstances, and
- Those whose deportation is pursued either on the basis of a sentence of less than four years but more than 12 months or because their deportation is conducive to the public good because the offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
Under this category, it is necessary to see whether either paragraph 399 or 399(a) applies. If they do not, deportation will follow other than in exceptional circumstances.
Paragraph 399 deals with family life cases and applies where:
- He/she has a genuine and subsisting parental relationship with a child who is either British, or has resided in the UK for at least seven years and it would not be reasonable to require the child to leave the UK and there is no other family member who is able to care for the child in the UK OR
- He/she a genuine and subsisting relationship with a partner who is British or has indefinite leave to remain and (a) has lived in the UK with valid leave for
at least 15 years (excluding any period of imprisonment) and (b) there are insurmountable obstacles to family life continuing outside the UK.