Deportation of Criminals

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If you are at risk of being deported as the result of a criminal conviction, you may feel anxious about what might happen. This may be a frightening time for you and your family. It is important to get the right legal advice and representation so that you get the outcome you need. Our experienced immigration lawyers can help you, as you may be able to challenge your deportation. UK Migration Lawyers have a wealth of experience in successfully challenging orders of deportation.

Deportation Lawyers UK

If you or a family member is at risk of being deported on the ground of criminal conviction, our lawyers can help prevent this. We can also seek temporary release from detention or bail for you in the meantime. The consequences of deportation can be very distressing, which is why it is essential for you and your family to seek advice from expert immigration lawyers as soon as possible.

What is Deportation?

Under the Immigration Act 1971 sections 3(5) and 3(6), the UK Secretary of State has the power to make an order of deportation against a foreign criminal.

Deportation requires that an individual leave the UK, and sanctions their detention until their removal. If you are a foreign nation who has been convicted of a crime in the UK, it is possible that you will be deported.

If deported, there is an added risk that you may be banned from the United Kingdom for up to ten years after being removed. Call us now on 0121 777 7715

Grounds for Deportation of Convicted Criminals UK

A person may be deported if they are not a British Citizen, and have been convicted of a criminal offence.

A foreign national can also be deported under s3(6) of the Immigration Act 1971 if a criminal court makes a ‘recommendation’ that he or she should be as part of its sentence.

Under section 3(5) (a) of the Immigration Act 1971, a foreign national may also be deported if the Secretary of State has decided that deportation would be beneficial to public good.

Under UK immigration law (s32 UK Borders Act 2007) a foreign national may be subject to ‘automatic deportation’ if he or she has been convicted of an offence in the UK, and sentenced to a period of imprisonment of 12 months or more. This is because their deportation is automatically considered to be beneficial to public good. Call us now on 0121 777 7715

Exemptions from UK Deportation

You are exempt from deportation from the UK if you fall under one of the following exclusions:

• You are a British Citizen;
• You are a citizen of the Commonwealth who was ordinarily resident in the UK on 01/01/1973, or if you have a right of abode;
• Prior to the offence, you have continuously lived in the UK for 5 years or more.

In order to rely on one of these exclusions you will have to be able to provide evidence.

Our top UK immigration solicitors can provide you with expert legal advice and support throughout the legal process, and select the best route possible for you to challenge you or your loved one’s deportation order. Call us now on 0121 777 7715

Challenging UK Deportation

If you are liable to deportation, there are a number of grounds on which you may challenge it if the above exclusions do not apply to you. You may want to appeal the decision, or seek Judicial Review. If you succeed on the basis of one of these grounds, you may no longer be deported from the UK:

Under UK human rights law, if on returning to your country of origin you would be at real risk or harm. Your family members may also be able to rely on human rights if deportation is going to take place. Examples of human rights exceptions include claims under Article 3 of the European Convention on Human Rights: which is if you would be subject to torture, inhumane or degrading treatment on return to your home country;

• If removal would breach the United Kingdom’s obligations under the UN Convention on the Status of Refugees 1951;
• If you have lived in the UK for a long time and/or if you were deported would be separated from your family;
• If you are to serve your sentence in a psychiatric institute under the Mental Health Act 1983 (as amended), or if you are facing extradition;
• If you have strong ties to the UK. The stronger these ties are, the less standing the UK Border Agency has for deporting you;
• If you were under the age of 18 at the time of your conviction. Deportation of minors requires very serious grounds;
• If you are a European Economic Area (EEA) National. If so your rights may be breached on deportation, and thus these protections make it harder for the UK Border Agency to deport you from the UK.

If one of these grounds applies to you, you may be able to challenge your deportation. If a loved one is facing deportation, you may also be able to challenge it on one of these grounds. If you want to challenge an order for your deportation, UK Migration Lawyers can help you.

Our expert UK immigration solicitors have a wealth of specialised experience and knowledge in this area, having conducted a number of successful challenges to deportation from the UK. Call us now on 0121 777 7715

There is no better time to find out how we can help you so why not call us on 0121 777 7715 or use our UK Immigration Contact Form.