Deportation of EU Nationals from the UK

Deportation of EU nationals

The deportation of EU nationals from the UK has become a pressing issue in recent years, especially since the UK’s exit from the European Union (EU) in 2020. With changing laws and shifting regulations, many EU nationals living in the UK now face the possibility of removal, often due to criminal convictions. While the rules have tightened since Brexit, there are still legal protections in place that can impact deportation decisions.

This article delves into the legal aspects of deportation, exploring how the laws have changed post-Brexit, the grounds for deportation, and the safeguards available to EU nationals.

Legal Framework Before Brexit

Before Brexit, the deportation of EU nationals was mainly governed by European law, particularly Directive 2004/38/EC. This directive granted EU citizens and their families the right to live and move freely within EU member states, including the UK. It also provided strong protections against expulsion, stipulating that deportation could only occur in specific circumstances, such as threats to public policy or public security.

The Immigration (European Economic Area) Regulations 2016 implemented these EU rules into UK law. Under this framework, there were three levels of protection for EU nationals facing deportation:

  • Basic Protection: For those without permanent residence, deportation could only happen if their actions posed a “genuine, present, and sufficiently serious threat” to public interests.
  • Mid-Level Protection: For those with permanent residence, usually after five years, deportation was only possible on “serious grounds of public policy or public security.”
  • Enhanced Protection: For individuals who had lived in the UK for ten years or more, deportation was only allowed on exceptional grounds.

These protections provide EU nationals with a significant level of security against deportation before Brexit.

Changes After Brexit

When the UK officially left the EU on January 31, 2020, the deportation process for EU nationals underwent major changes. The introduction of the EU Settlement Scheme (EUSS) allowed EU nationals living in the UK before December 31, 2020, to secure their residency status. However, this new system also brought risks, particularly for those facing deportation due to criminal convictions.

Since January 1, 2021, EU nationals in the UK have been subject to UK domestic immigration laws rather than EU regulations. Under the UK Borders Act 2007, foreign criminals convicted and sentenced to at least one year in prison are presumed to be deported unless specific exceptions apply. This represents a shift from the protections under EU law, where deportation was harder to justify, particularly in cases involving long-term residents.

Grounds for Deportation

Since Brexit, the main reason for deporting an EU national is typically criminal conduct. Under section 32(5) of the UK Borders Act 2007, a “foreign criminal” is someone convicted and sentenced to at least 12 months in prison.

The Home Secretary is then required to issue a deportation order unless this would breach the individual’s rights under international human rights law, particularly Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family and private life.

However, deportation is not automatic. Several factors may influence the decision, and there are grounds on which deportation may be contested.

Exceptions to Deportation

In several situations, deportation may not proceed, even if the individual has been convicted. These include:

  • Family Life: If deporting the individual would cause significant disruption to their family life or that of their dependents living in the UK.
  • Integration: If the individual has lived in the UK for a long time and is socially integrated into British society.
  • Human Rights Considerations: A deportation order can be challenged if it violates human rights obligations, such as the right to private and family life.

These exceptions offer important safeguards, ensuring that deportation is not pursued if it would cause disproportionate harm.

The Future of Deportation for EU Nationals

As the UK’s legal landscape continues to evolve post-Brexit, concerns over the deportation of EU nationals remain. Those with settled or pre-settled status under the EU Settlement Scheme can still be deported if they commit a crime. However, the Home Office must demonstrate that such deportation aligns with public policy interests, and the individual’s circumstances must be considered.

Changes in immigration law and new case law may continue to affect the deportation process, making it crucial for EU nationals living in the UK to stay informed about their rights and the latest legal developments.

Final Thoughts

The deportation of EU nationals from the UK is a complex issue, shaped by a mix of immigration law and human rights considerations. Following Brexit, the legal framework for deporting EU nationals has become stricter, but important protections are still in place. Those facing deportation can challenge such decisions, particularly when they have family ties or long-term residence in the UK.

While the changes introduced by Brexit have made deportation easier in some cases, the UK legal system still provides safeguards to ensure that deportation orders are fair and just. It is important for EU nationals to be aware of their rights and to seek legal advice if they face deportation, especially as the legal landscape continues to change.