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.