Can the Parents of a British Child Be Deported from the UK?

Can the parents of a British child be deported from the UK?

Can the parents of a British child be deported from the UK? Unfortunately, the parents of a British child can still face deportation. There is no automatic exemption for foreign parents whose children were born in the UK. That said, there are some options for such parents to make a compelling case to remain in the United Kingdom. Thus, this article discusses deportation laws to explain why such parents do not receive exemptions. It also explains what parents in such situations must do.

Why the Parents May Face Deportation from the UK

Parents of a British child may face deportation from the United Kingdom due to the following reasons.

  • The Secretary of State removes the parent(s) from the UK because it believes it is favourable for the public good
  • A court believes that a criminal facing imprisonment should be deported from the UK instead of serving prison time in the United Kingdom

Also, if your spouse is being deported from the UK, you may be removed as well. This is irrespective of whether you are or are not the parent of a British child.

Circumstance in Which Parents May Not Face Deportation in the UK

Parents with a British child can avoid deportation from the UK altogether if they satisfy any of the following circumstances.

  • They are exempt from deportation because they are Commonwealth or Irish citizens residing in the UK since 1 January 1973 or for 5 years, or they have the right of abode (the right to enter the United Kingdom and remain there with no time limit)
  • They can show that their removal from the UK goes against the obligations the UK has made under the European Convention on Human Rights (ECHR)
  • The parents have already started appealing the charge or have an injunction to prevent their deportation
  • As per the ECHR, the removal of the parent will be unduly harsh for the child to stay in the UK without their parent
  • As per the ECHR, it is unduly harsh to force the child to stay in the country where their parent is being deported

The last two circumstances only apply to parents who have been charged with over 12 months but less than 4 years of prison time. That said, a parent’s deportation order can be revoked if a case is made based on these circumstances.

What Parents Can Do to Prevent Their Deportation

These circumstances are important because they can help parents’ legal team to develop a defence strategy that revolves around these factors. Thus, parents should speak to an experienced immigration lawyer who can help prevent their deportation from the UK. Solicitors can help review the parents’ relationship with the child and come up with a compelling case of why the parent’s removal is not conducive to the child’s wellbeing.

Deportation Bail in the UK – When Can You Apply?

How to appeal deportation under UK law

Deportation bail in the UK is predominantly known as immigration bail. Therefore, if someone is being held in detention prior to being deported for an immigration-related charge, then they can pay a bail amount to be released from detention. Being released from detention does remove any of the deportation charges. With that said, this article discusses what deportation bail in the UK is and what your options are to appeal a deportation order.

Deportation Bail in the UK

You can apply for deportation bail under two circumstances. You must note that this bail is only applicable to those being deported for an immigration-related case. These two ways include

  1. Secretary of State bail for those detained by the UK Home Office
  2. First-tier Tribunal bail, which is bail granted by an immigration judge

When Can You Apply for Bail?

You can apply for bail when you are detained for at least seven days by the UK Home Office. If your bail request to be released from detention is denied, you can reapply for bail. However, you must do so within 28 days after being rejected the first time.

Dealing with Deportation

You should understand that the bail is simply for being released from detention. It does not help prevent you from being deported. If you or a loved one is facing deportation charges, the chances of winning a case are very slim. However, with the help of experienced solicitors in this field, you may have a fighting chance on some grounds. Therefore, below are some options you can consider when dealing with deportation in the UK.

A person facing deportation can challenge the order under a human rights claim. The UK Human Rights Act 1998 explains that deportation cannot occur when the person being deported is facing “torture” due to the deportation. Thus, this definition also includes the infringement of the private or family rights of the person.

A person has only 28 days after receiving the deportation order to appeal it. However, people in detention have 5 days maximum to make their appeal. This appeal should be created by a trained solicitor because it must detail how and why the deportation order is against the prohibition of torture.

Asylum seekers who are in detention can also appeal a deportation order. Your solicitor can guide you on the parameters of that appeal process as well.

After paying the bail, a person facing deportation can file a judicial review application when there is no human rights claim to challenge their deportation.

Final Words

Even if you are granted deportation bail in the UK, there’s still a low chance to win your deportation case. However, hiring solicitors who know the nuances of such cases can help improve your chances of being removed from the UK as they can guide you on how to effectively appeal your case.

 

What You Should Know About Smuggling Offences in the UK

Smuggling Offences in the UK

Smuggling offences in the UK occur when you are charged for breaking the law as per the Customs and Excise Management 1979. This means that you are under suspicion of illegally importing goods or evading products’ taxation and customs duties. Thus, there are a few different types of smuggling offences in the United Kingdom, and the penalties can vary based on the type of offence. Thus, this article provides you with what you should know about smuggling offences in the UK.

Different Examples of Smuggling Offences in the UK

As mentioned above, smuggling constitutes illegally importing goods into the UK, committing specific types of fraud, and not paying the appropriate customs duties or VAT. With that said, below are some examples of smuggling offences in the UK.

  • Importing prohibited goods
  • Illegally importing goods into the UK
  • Illegally manufacturing Excising goods in the UK
  • Diversion fraud
  • Tax fraud
  • Excise fraud
  • Doing any action that is against the UK customs law
  • VAT fraud, payment fraud, or invoice fraud

Please note that this list is not exhaustive, and other crimes can be considered smuggling. Thus, if you suspect you are being charged with a smuggling offence, contact a solicitor immediately. They can help explain your situation in greater detail and provide you with a defence strategy that can help you reduce your penalties.

What Are the Penalties for Smuggling Offences in the UK?

There are a few factors that affect the penalties for smuggling offences in the United Kingdom. These factors include the nature of the crime, the extent of the smuggling offence (i.e., the quality and value of the smuggled goods), and how many prior offences the individual or organisation has committed. Moreover, other factors include the value of the smuggled goods, the intention of smuggling specific goods, and the size of the individual’s or organisation’s smuggling operation.

Typically, all smuggling cases have the perpetrator forfeit all of the smuggled goods to law enforcement officials. In addition to that, they may have to pay penalty fees based on the nature of their crime. Some extreme cases of smuggling can also include imprisonment of up to 7 years. Imprisonment typically occurs with the smuggling of firearms and Class A drugs (in large quantities). You should note that very serious cases can also include imprisonment for life.

Last Few Words

If you want to be able to reduce the penalties for your smuggling offences in the UK, it is imperative that you seek legal representation as soon as possible. You may be able to significantly reduce your charges if your lawyer can determine the nuances of your case before it’s too late. Make sure to seek only those lawyers who are skilled and experienced in this field because you may end up paying a lot of money in penalty fees.

Cash Seizure at UK Airports – What You Must Know

Cash Seizure at UK Airports

When entering the United Kingdom via an airport, you are allowed to carry only a small sum of cash with you. It’s in your best interest to carry small sums because a UK police officer or customs officer is permitted by law to seize a sum of money as little as over £1,000. There are also more instances that could lead to cash seizure. Therefore, this article provides a quick overview of what you must know about cash seizure at UK airports.

Cash Seizure at UK Airports

The customs officer or a police officer at a UK airport may seize an individual’s cash if they believe that the cash:

  • Has been used for illegal purposes
  • Can be used for illegal purposes

Therefore, you can have your money taken even if you have not committed a crime.

It’s not uncommon for law enforcement officers to take advantage of the ambiguity of this aspect of the law. Thus, it is in your interest to carry a sum lower than the £1,000 when you use the airports in the UK. It can be a challenging process to have your money returned quickly, even if you have reasonable reasons for possessing a sum of cash above £1,000. Therefore, you can avoid a long process and prevent yourself from losing your money temporarily or possibly permanently by reducing the amount of cash you carry.

Difference Between Cash Seized and Forfeited

It’s important to understand that cash seizure is not the same thing as cash forfeiture. Seizure simply means that the state has taken possession of your belonging (which in this case is cash). However, forfeiture is when the state claims ownership of the belonging seized. Forfeiture can occur through a court order or through the passage of time. So, if you want to have your cash returned to your possession, it is crucial that you seek the appropriate route to do so. You can also consult a solicitor to inform you about the deadlines and help guide you through the process.

Why You Should Contest Cash Forfeiture

When you suspect that your cash will be forfeited, you should contest the forfeiture while you have the opportunity to do so. Many cases of cash forfeiture are won by individuals when contested. This is typically because the police do not have sufficient evidence to prove that the cash seized was intended for illegal purposes.

Final Words

Cash seizure at UK airports can occur even when you have a reasonable reason for carrying a relatively large sum of money. That said, it can be best to simply avoid the hassle altogether. If you are dealing with such a case, hire solicitors to help you retrieve your money.

If you are struggling to pay legal fees to manage your case, you can also look at options such as legal aid or insurance policies. Getting the right funding is critical to making sure that you have the best defence possible to manage your case.

Smuggling Cigarettes to the UK – What Are the Penalties?

Smuggling cigarettes to the UK

Smuggling cigarettes to the UK is a form of duty evasion. Therefore, there are strict penalties for such offences, and they have gotten more severe in recent times in an attempt to reduce the overall smuggling of tobacco products. With that said, this article highlights the potential penalties involved with smuggling specifically cigarettes in the UK.

Smuggling Cigarettes to the UK

The HMRC decides whether to charge an individual or organization with a civil charge or criminal charge when smuggling cigarettes to the United Kingdom.

Civil penalties are those that involve an offence to an individual or company. These charges are typically less severe than criminal penalties.

Criminal penalties are those that harm society on the whole. These penalties are far more severe than civil penalties.

Possible Penalties for Smuggling Cigarettes to the UK

The HMRC determines which type of penalties to charge based on the severity of the case of smuggling. Therefore, there are no fixed penalties for this type of offence. The type of penalties can vary based on the number of the offence and the number of cigarette unit packets smuggled into the UK.

  • Smuggling less than 100 unit packets can result in:
    • £2,500 for the first offence
    • £5,000 for the second offence
    • £7,500 for the third offence
    • £10,000 for the fourth offence

 

  • Smuggling between 100 and 299 unit packets can result in:
    • £5,000 for the first offence
    • £7,500 for the second offence
    • £10,000 for the third offence
    • £10,000 for the fourth offence

 

  • Smuggling between 300 and 499 unit packets can result in:
    • £7,500 for the first offence
    • £10,000 for the second offence
    • £10,000 for the third offence
    • £10,000 for the fourth offence

 

  • Smuggling between over 500 packets can result in:
    • £10,000 for the first offence
    • £10,000 for the second offence
    • £10,000 for the third offence
    • £10,000 for the fourth offence

In some severe cases, individuals charged with smuggling these goods to the UK may also incur imprisonment as an offence. Imprisonment is often an additional penalty to a monetary penalty. Whether one receives prison time will also depend on whether the HMRC treats the case as a civil or criminal offence.

Final Words

While smuggling cigarettes to the UK is certainly a crime, even buying smuggled goods is punishable by the law. This is because even the purchase of smuggled goods involves evasion of taxes, especially if you knowingly bought them at a lower price than the market price. Therefore, you should make sure that you purchase your tobacco products from a reputable dealer.

If you are ever convicted of a case of duty evasion involving tobacco products or otherwise, make sure that you hire solicitors experienced in this particular field. Their expertise and experience may help you achieve a favourable outcome that can help reduce the charges and consequently the penalties.

How to Appeal Deportation Under UK Law

How to appeal deportation under UK law

A deportation order in the UK is provided to an individual when their removal from the state is for the greater good of the public. It often occurs when the individual has committed a crime that is too extreme for the UK to persecute, but that’s not always the case. Moreover, there’s no way to appeal a deportation order. However, there are specific circumstances that can enable an individual to appeal this order. Thus, this article provides an overview of how to appeal deportation under UK law based on the unique circumstances referenced above.

Understanding Deportation

It’s crucial to first have a clear understanding of what deportation is. Deportation is the process in which the state removes an individual from the UK, revoking any right they have to be in the UK.

Deportation can occur to individuals who also have another nationality. The state is not allowed to leave someone stateless due to their deportation.

With that said, deportation can occur on 3 grounds, which include the following.

  1. The Secretary of State deems the deportation of an individual to be “in the public interest and conducive to the public good.
  2. The court recommends deportation for an individual over 17 years of age that is convicted of an offence where the penalty is imprisonment
  3. A person is the child (under the age of 18 years) or spouse of an individual being deported.

How to Appeal Deportation Under UK Law – Different Options

With any of the options mentioned above, you can appeal your deportation order only under unique circumstances. One of these instances includes that the individual challenges the order under a human rights claim. Therefore, according to the Human Rights Act 1998 of the UK, deportation cannot occur if the individual is being subjected to “torture” due to the order. This can also occur when the individual’s family or private rights are infringed upon.

An Individual must appeal within 28 days of receiving the order. Those who are in detention have only 5 days. The appeal should contain details on why and how the deportation order is going against the prohibition of torture law under UK law.

An individual can also challenge a deportation order if they have applied for asylum and have not received the result of the application or if they have a leave to remain application pending.

The quickest option for deportees is to file a judicial review application if they do not have any basis for a human rights claim.

Final Words

Challenging deportation orders is no simple task, and the chances of the order being revoked are very low. Therefore, it’s paramount that you hire trained solicitors in this field to help guide you. Thus, your solicitor can provide you with the best options on how to appeal deportation under UK law.

How to Appeal the Seizure of a Vehicle by the UKBA – TAX Tribunal

How to appeal the seizure of a vehicle by the UKBA

The United Kingdom Border Agency (UKBA) can seize a vehicle if it is connected to a border-related crime or if it is illegally brought to the UK. If that occurs with your vehicle with or without your presence, you can still appeal the seizure. By appealing the seizure, you may be able to regain possession of the vehicle. You can appeal to the UKBA directly, or you can appeal to the Tax Tribunal. This article explains how to appeal the seizure of a vehicle by the UKBA so that you know what your options are.

How to Appeal the Seizure of a Vehicle by the UKBA – Appealing to the UKBA

If you believe that your vehicle was wrongfully seized or you simply want it returned to you, you can take three different options for that. These options are outlined below. Please note that these are the options when appealing to the UKBA, which is the agency you will need to appeal to first before resorting to an appeal to the Tax Tribunal.

  1. You can send a notice to the UKBA explaining that the vehicle was not seized legally. A solicitor can help you determine whether there was foul play regarding the reason for the seizure or during the seizing process. In this case, you can have your vehicle returned to your possession after you win the case.
  2. You can appeal to the UKBA to have your vehicle restored. Thus, you must accept that the vehicle was seized legally and want it returned to your possession after the act.
  3. You can do both options mentioned above. Thus, the UKBA may return the vehicle to you while it determines whether the vehicle was seized legally.

How to Appeal the Seizure of a Vehicle by the UKBA – Appealing to the Tax Tribunal

If none of the aforementioned options work, you can appeal to the tax tribunal to have your seized vehicle returned. The Tax Tribunal is independent of the UK government. Therefore, it can listen to your case and the government’s case about your vehicle seized and make an appropriate decision.

You should note that the Tax Tribunal cannot determine if your vehicle was seized with good reason. However, it can help you in the following circumstances.

It can help mediate the situation when the UKBA:

  • refuses to restore the seized vehicle to your possession
  • claims that you must pay an amount to have your seized vehicle returned
  • attempts to charge you penalties for the seizure
  • provides you with a duty assessment

A lawyer can help you with the process of appealing to the Tax Tribunal when nothing else works.

Final Words

Speak to an experienced lawyer who knows the nuances of this aspect of the law. They can carefully inform you about how to appeal the seizure of a vehicle by the UKBA so that you get a favourable outcome with minimal money spent and hassle.

Vehicle Seized by the UKBA – What You Should Know

extradition attorneys

The United Kingdom Border Agency (UKBA) can seize someone’s belongings, including their motor vehicle if brought to the UK illegally. Additionally, using a vehicle to harbour an illegal immigrant into the UK can also result in vehicle seizure. With that said, this article highlights some crucial details about having a vehicle seized by the UKBA and your options if that happens to you.

Vehicle Seized by the UKBA

Vehicle seizure is the process in which the UKBA takes possession of your vehicle that they believe is liable to forfeiture based on the Customs and Excise Acts. The seizure may occur with or without the owner’s presence.

When the UKBA seizes a vehicle (or any personal goods, for that matter), it provides the owner with a notice of seizure. This notice will list down all belongings that were seized. If you are allowed, try to remove all of your other personal items from your vehicle before it is seized. This way, you won’t have to try to get those items returned as well.

The UKBA may or may not seize your vehicle in your presence or your agent’s presence. You or your agent will also be provided with a notice of seizure, in that case, detailing that your vehicle was seized and for what reason.

Before we look at your options, it’s important to understand that the ownership of your seized vehicle is not given up after the seizure. However, a court order or the passage of time could lead to the ownership transferring over to the state. That process is known as a forfeiture.

What You Can Do If Your Vehicle is Seized by the UKBA

A vehicle seized by the UKBA can be contested. There are three options on how you can approach this.

  • The first is to contest the legality of the vehicle seizure by the UKBA. So, you can send a notice explaining that the seizure was not made on legal grounds. You will only receive your vehicle back after it is proven that the seizure was not legal.
  • The second is restoration. This process involves accepting that the vehicle was seized legally and having it returned to you after.
  • The final option is a mixture of both. So, if you believe that the seizure was done illegally, then you can contest that and have the UKBA return your vehicle while the court still determines whether the seizure was legal or not.

Final Words

With any option you choose, you will need an experienced lawyer that can help prepare a defence strategy for you to have your personal belongings back in your possession. Losing your vehicle through forfeiture is a significant loss in terms of the vehicle’s value as an investment. So, an experienced solicitor can help guide you on what to do to receive a favourable outcome with any vehicle seized by the UKBA.

Penalties for Duty Evasion in the UK

People discussing the penalties for duty evasion in the UK

What are the penalties for duty evasion in the UK? Duty evasion is a synonym for evading taxes when bringing in an imported good into the United Kingdom. In the United Kingdom, individuals and businesses are expected to pay the necessary amounts of tax as per the law. Failure to do so can lead to severe penalties, which can vary from one case to the other. It’s in your best interest to pay the taxes to avoid being penalised for it in the future. This article highlights what the penalties are for duty evasion so that you know just how integral it is to never miss an opportunity to pay the taxes you owe to the government.

Penalties for Duty Evasion in the UK

As mentioned above, some cases can have more severe penalties—with the severest leading to jail time as well. If you or your business is ever dealing with charges of duty evasion, you should hire solicitors trained and experienced in this aspect of the law to help protect your interests to the best of their abilities. Your legal team may also be able to reduce the severity of the penalties by employing an effective defense strategy. Thus, it’s crucial that you get legal representation from the very start to be able to get the best possible outcome given the situation.

With that said, here are the penalties for duty evasion in the UK.

You can be charged with a summary conviction, or you may have a Crown Court case. A summary conviction is a petty or minor offence. Therefore, with this conviction, you may be able to settle the case without the right to a trial or jury. As they are minor offences, the penalties are also not severe. Thus, summary convictions of evasion of duty have no jail time, but you will have to pay a fine. The maximum fine is £20,000. You also will be expected to the duty you owe the government pertaining to the product being smuggled. It’s important to note that you have to knowingly be transporting these goods for you to be charged with evasion of duty. So, speak to your lawyer about what your options are regarding this matter.

Crown Court cases have more severe penalties. These cases involve major offences, so an individual charged with duty evasion can be sentenced to a maximum of seven years of imprisonment. In addition, there is an unlimited fine that can be set. Penalties for duty evasion in the UK under this category can be lower as well.

Final Words

Having a capable legal team can inform you about which category of duty evasion your case falls into. As a result, they can determine the possible penalties for your case and devise a defense strategy that may be able to reduce some of those penalties.

What Are Duty Evasion Offences in UK Law?

People discussing duty evasion offences in the UK

Evasion of duty in the United Kingdom is when an individual or group of persons does not pay the necessary taxes when bringing in an imported good into the UK. There are a few different examples of evasion of duty, and the penalties for cases depend on the severity of the charges. Thus, this article discusses examples of duty evasion offences in UK law, its penalties, and why you must hire capable lawyers to handle such cases for you or your loved ones.

Duty Evasion Offences in UK Law

There are different examples of evasion of duty in the UK. Below is not an exhaustive list but some examples of how individuals can be charged for this crime.

  • Smuggling (i.e., illegal entry) imported goods into the UK through false documentation or through concealment within a transportation vehicle
  • Acquiring possession of certain goods (that have chargeable duty) after knowing that the duty for those goods was not paid
  • knowingly carrying, depositing, removing, harbouring, concealing, or keeping any duty-chargeable goods with the intention to defraud the government of any payable duty
  • Acquiring possession of duty-chargeable goods that one knows were unlawfully removed from the Queen’s warehouse or a warehouse
  • Gaining possession of exported or imported goods that are restricted or prohibited (for example, firearms or drugs)
  • Attempting to evade paying duty on duty-chargeable goods or gaining possession of prohibited or restricted goods

A skilled and experienced solicitor in this field can better explain what offences are considered under duty evasion.

Penalties for Duty Evasion in the UK

The penalties for the crime can vary depending on the severity of the duty evasion offences in UK law. The case can fall into two categories: summary conviction case and Crown Court case. The former is far less severe than the latter. Therefore, the penalties for summary conviction cases related to duty evasion can have a maximum fine of £20,000, with no jail time.

However, the maximum fine for Crown Court cases for duty evasion is unlimited. In addition, perpetrators can be sentenced to imprisonment of seven years maximum. In both cases, you will also be expected to pay the duties that you evaded. In serious cases, you may have to pay more than double of the amount you owe to the government.

Final Words

Penalties can be severe for duty evasion offences in UK law. Thus, a team of capable solicitors experienced in this field can guide you on how to fight your case. In addition, the solicitors can develop a strategy to defend you and your loved ones to help reduce the charges and penalties of your case.

In some individual cases, you may also be unaware that you are committing duty evasion. So, you may be investigated for it, and without proper legal representation, you may not be able to have a favourable outcome.