Deportation in the United Kingdom is a punishment foreign nationals in the UK may face for their crimes. However, there are some instances in which this form of punishment does not apply to someone. Thus, this article discusses some circumstances in which you won’t be deported from the UK.
Being Deported from the UK – Exemptions for Specific Individuals
Specific individuals are exempt from ever being deported from the UK based on certain aspects of their identity. Below are people who are exempt from deportation in the United Kingdom.
- British Citizens
- Citizens of British Overseas Territories
- Individuals with the right of abode, which is the right to enter the UK and remain there for an unlimited period
- Irish or Commonwealth citizen who has been residing in the UK for5 years or since 1 January 1973
These exemptions should prevent you from needing to appeal any deportation order if there is one against you. In that case, make this information clear with your solicitor if the Home Office incorrectly served you a deportation charge.
Circumstances in Which You Won’t Be Deported from the UK
Above are individuals who may never be deported from the United Kingdom. However, you can also not have any of the identities mentioned above and still not face deportation from the UK by the Home Office. Thus, the following circumstances can help prevent deportation.
- You have begun the process of challenging or appealing your deportation charge
- You have an injunction that will help prevent your removal from the UK
- Legally, you can demonstrate how your deportation from the United Kingdom would breach the obligations of the UK as per the European Convention on Human Rights.
It is critical to speak to an immigration solicitor trained in deportation when dealing with a deportation order. There’s a chance that you can avoid being removed from the UK if you satisfy any of the aforementioned circumstances.
Circumstances of Avoiding Deportation of Spouses and Children
You should also note that if you are the spouse or child of a person being deported, you may still be able to stay in the UK. You will have to satisfy any of the following categories.
- You are a UK citizen
- You can demonstrate that you have not been living with your immediate family member who is being deported
- You have settlement in the UK, i.e., Indefinite Leave to Remain (ILR)
Last Few Words
While there are some circumstances in which you won’t be deported from the UK, you will still need the help of an experienced solicitor to help build a case that can defend your position. With deportation orders, it’s typically favourable to seek legal help as soon as possible. This way, your solicitors can create an effective defence strategy and inform you about how to approach your One Stop Notice in the UK deportation procedure.