Unless your removal is lawful, you cannot be removed from the United Kingdom

 Immigration Solicitors

There are a variety of reasons why the Home Office may seek to remove someone from the United Kingdom, such as where someone has entered the United Kingdom illegally, has overstayed their visa or has been convicted of a criminal offence and sent to prison.

However, no matter what the reason for the proposed removal or deportation, there are certain formalities that must be applied by the removing authority before the removal or deportation will be lawful.

The removal processes for deportation and administrative removal are different and the distinction between the two is an important one because of the consequences of each. However, it is perhaps safe to say that the distinction is becoming blurred due to amendments to the Immigration Rules that impose a scale of bans from re-entering the United Kingdom for those removed administratively, where certain circumstances apply.

Deportation

A deportation Order carries severe consequences. It requires the deportee to leave the United Kingdom and prohibits his or her return whilst the Order remains in force. It also invalidates any leave to remain extant at the time the Order was signed, and any leave granted whilst the Order remains in force.

Those who enter in breach of a deportation Order are illegal entrants, and again any leave granted on entry or subsequently will be invalid.

Today most deportations are in respect of criminal convictions. There are two deportation routes; those that fall under section 3(5) of the Immigration Act 1971 as deportation being conductive to the public good, and since 1 August 2008, those falling under section 32(5) of the UK Borders Act 2007, where a person sentenced to 12 months or more imprisonment will automatically have a deportation Order signed against him, and will only defeat the Order if he can demonstrate that he falls into one of the exceptions to the Act, either at the consideration stage or on appeal.

Administrative Removal

People who are liable to be removed administratively are those refused leave to enter; illegal entrants; overstayers; those in breach of conditions of their stay (that is their visa); those using deception to enter or remain; former refugees; family members of those liable to removal; and crew members remaining unlawfully. Sometimes the illegal entry, breach of condition or overstaying may be technical, e.g. where an immigration officer grants leave to enter at port when he should not have done, or where the person entering on a false passport was unaware that the passport was false. Unfortunately, the law is quite harsh in these respects and the person would still be an illegal entrant.

In these administrative removal cases the law does not provide for a right of appeal whilst in the United Kingdom, unless an asylum or human rights claim is made, in which case there is an entitlement to an in country right of appeal unless the right is certified, i.e. transformed into an out of country appeal or no appeal at all.

Both Administrative removal and deportation are extremely complex areas of the law and can have far reaching consequences, including for family members, who may also be deportable or removable with the principal person. If you have been told or believe that you may face being removed or deported from the United Kingdom, we can advise you of your rights and represent your interests. To talk about your case with an experienced solicitor [click here.]