Deportation After a Criminal Conviction in the UK: What You Need to Know

Gavel and scale representing justice and deportation

A criminal conviction can have lasting consequences, and for non-British citizens in the UK, one of the most serious is the risk of deportation. The Home Office has the authority to remove individuals who are considered a threat to public safety or whose presence is deemed against the public good. Understanding how this process works is crucial for those facing deportation and their families.

Who Can Be Deported?

Deportation applies to individuals who are not British citizens. This includes those with:

  • Indefinite Leave to Remain (ILR)
  • Limited Leave to Remain, such as visa holders
  • No legal status in the UK

British citizens cannot be deported, but they may face other legal consequences if convicted of a crime.

Legal Basis for Deportation

Under the Immigration Act 1971, the government has the power to deport individuals if it is considered “conducive to the public good.” A criminal conviction often triggers this process, particularly for serious offences.

Automatic deportation applies when a foreign national is sentenced to at least 12 months in prison. However, even those with shorter sentences can be considered for removal if their case meets specific criteria.

Factors That Influence Deportation Decisions

The Home Office reviews several factors before making a final decision, including:

  • The severity of the offence– Violent crimes, drug-related offences, and sexual offences increase the likelihood of deportation.
  • Criminal history– Repeated offences make deportation more likely.
  • Length of residence in the UK– Those who have lived in the UK for many years may have stronger grounds to challenge deportation.
  • Family ties– Having a spouse, children, or other dependents in the UK can influence the decision.
  • Rehabilitation efforts– Evidence of reform and positive contributions to society may work in favour of the individual.
  • Human rights considerations– Article 8 of the European Convention on Human Rights (ECHR) protects private and family life, and deportation must not cause disproportionate harm.

The Deportation Process

  1. Notice of Intent to Deport– The Home Office sends a letter informing the individual that they are being considered for deportation. This provides an opportunity to respond.
  2. Representations– Legal arguments and supporting evidence are submitted to challenge deportation. Seeking legal advice at this stage is crucial.
  3. Deportation Order– If the Home Office decides to proceed, a deportation order is issued.
  4. Appeal Process– Some individuals have the right to appeal, usually to the First-tier Tribunal (Immigration and Asylum Chamber).
  5. Removal from the UK– If appeals are unsuccessful, deportation is carried out.

Challenging a Deportation Order

When a deportation order is issued, legal action may be an option. The right to appeal depends on the circumstances of the case, and those facing removal should act quickly to explore their options. Several factors can form the basis of an appeal.

Article 8 of the ECHR

One of the most common arguments against deportation is based on Article 8 of the European Convention on Human Rights, which protects the right to private and family life. If deportation would cause serious harm to family relationships, such as separating a parent from their child, it may be possible to challenge the order. The courts will weigh the individual’s rights against the public interest in deportation.

Procedural Errors

If the Home Office has not followed the correct legal procedures, this can be grounds for appeal. Mistakes in the decision-making process, failure to consider key evidence, or procedural unfairness can all be challenged. A legal professional can assess the case to identify any errors that may strengthen the appeal.

New Evidence

An appeal may also be possible if new evidence emerges that was not considered when the deportation decision was made. This could include a change in circumstances, such as marriage to a British citizen, the birth of a child, or proof of rehabilitation. Presenting strong supporting documents can improve the chances of a successful appeal.

Final Thoughts

Deportation after a criminal conviction is a serious issue with complex legal implications. Seeking professional legal advice at the earliest opportunity is essential for anyone facing removal. Understanding rights, possible defences, and legal procedures can make a significant difference in the outcome.

Understanding the Differences between Deportation, Early Removal Scheme (ERS) and Prisoners Transfer (Repatriation)

Deportation, Early Removal Scheme (ERS) and Prisoner Transfer (Repatriation) are all methods of removing individuals from one country to another. Understanding the differences between these three types of removal can help individuals make informed decisions about their immigration and deportation status. Let’s explore each of these policies further to understand their differences.

Deportation

Deportation is forcibly removing someone from the UK due to immigration law violations or criminal activity. It is a severe punishment with serious consequences for the individual and their family. Deportees are generally barred from returning to the UK for a minimum of 10 years.

In the UK, deportation orders are issued by the Home Office and enforced by Immigration Enforcement. The Home Office issues a notice of the decision to deport when they have come to the conclusion that an individual must leave their current country. This document includes the Home Office’s reasoning and justification for why they want to deport you.

There are various reasons why someone may be deported, including overstaying their visa, committing a crime, or being deemed a threat to national security. The removal process can be complex and lengthy, with multiple stages involved before an individual is removed from the UK.

Early Removal Scheme

The Early Removal Scheme is an option for foreign nationals serving a fixed-term prison sentence in the UK who are liable to be removed from the country. It provides a way for imprisoned foreign nationals to be released before completing their original sentence, solely for the purpose of removal or deportation from the United Kingdom.

According to the policy, any foreign national imprisoned in England or Wales must be assessed for possible removal from the country. This scheme applies to all foreign nationals residing in the UK, regardless of nationality or origin, including those from EEA and non-EEA countries.

The Ministry of Justice (MOJ) is the governing body in charge of the scheme, also overseen by several other operational areas. These include:

  • Home Office Immigration Enforcement
  • HM Prison and Probation Service (HMPPS)
  • HMPPS Public Protection Casework Section (PPCS)

Repatriation

Repatriation is returning a person, usually a prisoner, to their country of origin or citizenship. It is also known as prisoner transfer and is typically used to refer to the transfer of individuals who have been convicted of crimes in the UK and are being returned to their home country for incarceration or other forms of punishment.

Prisoner transfers involve mutually agreed-upon terms between two countries under pre-determined regulations protecting individual rights. Non-UK citizens convicted of a crime in the UK who prefer serving their sentence in their homeland are typically eligible for this processing.

Final Thoughts

It is important to understand the differences between deportation, Early Removal Scheme (ERS) and Prisoners Transfer (Repatriation).

Deportation is a form of removal from the UK that is involuntary and imposed by the Home Office. Early Removal Scheme (ERS) is a voluntary scheme for people to return to their country of origin as an alternative to deportation. Prisoner Transfer (Repatriation) is a voluntary scheme for prisoners to transfer from a foreign prison to a prison in their home country.

All of these schemes have different requirements, eligibility criteria and implications for those who are affected. Knowing the various schemes available when approaching the Home Office to facilitate your return is important.