Deportation Defence: Protecting Your Right to Stay in the UK
Deportation occurs when the UK government removes a non-British citizen from the country, often following a criminal conviction or when it is deemed that the individual’s presence is not conducive to the public good. If you face deportation, it’s critical to understand your rights and the available defences to protect your ability to stay in the UK.
In this guide, we’ll cover the essentials, from eligibility to application, so you can confidently navigate the process.
In this guide, we’ll cover the essentials, from eligibility to application, so you can confidently navigate the process.
Eligibility Criteria
You can apply for a Standard Visitor Visa if you intend to visit the UK for:
- You have been convicted of a criminal offence and sentenced to 12 months or more in prison.
- The Home Office deems your presence in the UK is not conducive to the public good (e.g., national security concerns).
- You have breached immigration laws or your visa conditions.
Defending Against Deportation
You have several legal defences to challenge deportation, especially if your removal would infringe upon your human rights or affect your family life.
- Human Rights Defence (Article 8 of the European Convention on Human Rights)
- A common defence is based on Article 8, which protects your right to a private and family life. You may be able to challenge deportation if:
- You have close family ties in the UK (e.g., spouse or children) who are British citizens or have the right to remain.
- Deportation would cause significant harm or separation from your family members.
- You have been living in the UK for a long period, have integrated into society, and removing you would be unjust or disproportionate.
- Human Rights Defence (Article 3 - Right Against Inhumane Treatment)
- You can challenge deportation under Article 3, which protects against deportation if there is a risk of torture, inhumane treatment, or degrading treatment in the country you would be deported to.
- Long Residence in the UK
- If you have lived in the UK for a significant amount of time, especially if you arrived at a young age, you may argue that deportation would be unfair given your ties to the UK.
- Deportation Would Affect Your Children’s Well-being
- If you have children who are British citizens or have lived in the UK for a long time, deportation may be prevented if it would have a detrimental effect on their welfare.
How to Challenge a Deportation Order
- Lodge an Appeal
- Judicial Review
- Administrative Review
Factors that Strengthen Your Defence
Here is a breakdown of the visa fees:
- Family ties: Evidence of close family members in the UK and the impact your deportation would have on them.
- Length of residence: Proof of long-term residence in the UK, integration into society, and contributions (e.g., employment, taxes).
- Medical needs: Medical evidence showing that you or a family member requires medical treatment that is unavailable or inaccessible in your home country.
- Risk of harm: Evidence showing the risks of persecution, violence, or inhumane treatment in your home country.
Deportation of EU Citizens
Although EU citizens had free movement rights before Brexit, they can now face deportation under UK immigration law. However, the deportation threshold is higher for EU nationals, especially if they have been in the UK for a long time or have permanent residence.
Deportation Appeals Process
The deportation appeals process typically involves the following steps:
- Notice of Deportation: The Home Office will issue a deportation order.
- Lodge Appeal: You must file an appeal within the specified deadline.
- Tribunal Hearing: Your case will be heard by the First-tier Tribunal, where you or your legal representative can present evidence.
- Decision: The tribunal will decide whether to uphold or cancel the deportation order.
- Further Appeals: If unsuccessful, you may appeal to the Upper Tribunal or request Judicial Review.
Ready to Apply?
If you are facing deportation from the UK, it is crucial to act quickly and seek legal advice. Many defences can be used to challenge deportation, particularly if your human rights or family life in the UK would be significantly affected.
If you need assistance with your application or have questions about your eligibility, our team is here to help guide you through the process.
If you need assistance with your application or have questions about your eligibility, our team is here to help guide you through the process.
