One may face deportation from the UK if they are deemed a criminal and are believed to be a threat to the public. In some instances, you may be able to contest your deportation, but in most cases, you do not have an automatic right of appeal. You may be able to contest the ruling if you make a human rights claim, for instance.

Thus, this article discusses this aspect of immigration law in the UK in detail so that you know what options you may have if you ever find yourself being deported. In addition to that, it explains the difference between removal and deportation from the UK. Also, please note that all of the details below are specific to England.

Deportation from the UK

It’s important to understand that there’s a significant difference between deportation and removal from the UK. Deportation almost always pertains to foreign nationals who are convicted of criminal offences and have a prison sentence of more than 12 months. Therefore, deportation may be requested under the following grounds.

  • When the Secretary of State believes that deporting an individual is for the “public good” and “public interest”
  • Someone is the civil partner, spouse, or child below 18 years of the individual being deported
  • When the court suggests deportation for an individual over 17 years who has been convicted of a crime that is punishable by imprisonment

Removal from the UK

Administrative removal from the UK is a different case, however. It is for those individuals who have to be removed because their visa granting them stay in the UK expired. Like deportation, there are also grounds for administrative removal, as listed below.

  • People who do not have the right to stay in the UK, such as illegal entrants, overstayers, etc.
  • The family members of the individual being removed
  • Any individual breaching the conditions of their visa to stay in the UK
  • People who use deceiving information to seek or acquire leave

Contesting Deportation from the UK

As mentioned above, only some unique cases may be able to contest deportation from the UK. Therefore, a human rights claim about Article 3 or Article 8 of the Human Rights Act 1998 of the UK. If you can contest your deportation, then you must make your appeal within 28 days of the ruling. However, an individual in detention has 5 days to make the appeal.

Last Few Words

You will need a highly experienced solicitor who understands the nuances of this type of law if you plan to contest your deportation from the UK. It’s highly unlikely to reach a favourable outcome unless there are some things incorrect about your case. Thus, if you are confident that you are wrongly being deported, then make sure that you have a solicitor who can overturn that ruling for you or whoever is dealing with this issue.