Is there a difference between voluntary departure and deportation in the UK? Yes, there is a difference between the two, and the possibility of re-entry to the UK also varies between voluntary departure and deportation. This article discusses both of these so that you know the differences and your options if you’re ever on the verge of being forced to leave the United Kingdom. Read on to learn more.
Deportation in the UK
Deportation in the UK is when the Home Office removes a person from the UK because their removal is conducive to the public good. This typically occurs when a migrant to the UK has committed a crime with a punishment of imprisonment of over 12 months. At the same time, any migrant in the UK who has been convicted of a repeated offence may be given a deportation order. Any crime committed overseas that was considered to have caused “serious harm” may also lead to a deportation order.
In such cases, you may be asked to leave the United Kingdom, and re-entry may be difficult or impossible, depending on your circumstances.
Voluntary Departure
Voluntary departure is when a person willingly exits the UK, i.e., without forcible removal by the Home Office. Therefore, the term voluntary departure is used for migrants who may choose to depart from the UK voluntarily after overstaying. Thus, they leave before there is any formal deportation order against them. The ability to re-enter the United Kingdom is a lot easier in that case than after receiving a formal removal order.
Immigrants who depart from the UK voluntarily may be able to re-enter after 1 year if they pay for the departure themselves. Immigrants in the UK who cannot afford to leave the UK may request the Home Office to fund their exit. In that case, they can re-enter the UK after at least 2 years. This duration is known as a re-entry ban.
In either case, it is beneficial to inform the Home Office that you are voluntarily departing the UK. This way, there will be clear records of your leave from the UK, which may make re-entry less troublesome than otherwise. It can help to consult a team of UK immigration solicitors about what your options are before you depart from the UK, as they may help you determine the best path forward for your future in the United Kingdom.
Final Words
The difference between voluntary departure and deportation in the UK is that the former is not sanctioned by the Home Office. If you’re afraid of overstaying in the UK, then you should make sure that you leave voluntarily before you get a deportation order, making it near impossible for you to win your deportation case or return to the UK in the future.
