Deportation can be a nightmare for anyone living in a foreign country, especially if it means being separated from family, friends, and livelihood. However, in the United Kingdom, there are ways to appeal against a deportation order. Appealing against a deportation order can be complex and daunting, but it offers a chance to remain in the UK and avoid the dire consequences of being deported.
Whether you are facing a deportation order or simply want to be informed, let’s discuss the information you need to understand the process and protect your rights.
Deportation Order at a Glance
If you receive a deportation order from the Home Office, you have the right to appeal the decision. The first step in the appeals process is to lodge an appeal with the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days of receiving the deportation order.
When appealing against a deportation order, you must provide strong evidence to support your case. Your evidence should demonstrate why you believe the deportation order is unfair or unjust and why you should be allowed to remain in the UK.
There are three main grounds on which you can appeal a deportation order: based on children, based on relationships, and based on private life.
Appeals Made Based On Children
If you have a child or children who are British citizens or have lived in the UK for a significant period, you may be able to appeal on the basis that your deportation would be contrary to the best interests of your child or children.
Appeals Made Based OnRelationship
Are you in a genuine and subsisting relationship with a British citizen or someone who has lived in the UK for a significant period? In that case, you may be able to appeal on the basis that your deportation would be contrary to the right to respect family life.
Appeals Made Based On Private Life
Suppose you have lived in the UK for a significant period and have established a private life through work, education, or community ties. In that case, you may be able to appeal on the basis that your deportation would be contrary to your right to respect for private and family life.
It is important to note that the appeals process can be complex and challenging, and it is recommended that you seek legal advice from an experienced immigration lawyer. An immigration lawyer can assess the strength of your case, guide the evidence you will need to provide, and represent you at the appeal hearing.
What Happens If the Appeal Against Deportation Order is Successful?
If your appeal against the deportation order is successful, the Home Office will be required to revoke the order, and you will be allowed to remain in the UK. However, this does not necessarily mean that you will be granted leave to remain indefinitely. Instead, you may be granted a limited leave to remain, meaning you can stay in the UK for a specific period.
The length of your leave to remain will depend on the circumstances of your case. If your appeal is based on family or private life grounds, you may be granted leave to remain for up to 30 months. If your appeal is based on human rights grounds, you may be granted leave to remain for up to five years.
It is important to note that if your leave to remain is limited, you will need to apply for an extension before it expires. Failing to apply for an extension can lead to another deportation order against you.
If your appeal is successful, you may also be entitled to claim compensation for any damages you suffered due to the deportation order. The compensation amount will depend on your case circumstances and the damages you suffered.
Final Thoughts
Deportation orders can have severe consequences for individuals and their families. However, there are avenues for appealing against such orders based on family or private life. It is important to seek the advice of an experienced immigration lawyer to navigate the complex appeals process and improve the chances of success.
