If you are a foreign nation who has been convicted of a crime in the UK, it is possible that you will be deported. Our experienced immigration team can help you, as you may be able to challenge your deportation. We can also seek temporary release from detention or bail for you in the meantime if you have already served your sentence.
Under the Immigration Act 1971 sections 3(5) and 3(6), the UK Secretary of State has the power to make an order of deportation against a foreign criminal.
If deported, there is an added risk that you may be banned from the United Kingdom for up to ten years after being removed.
A foreign national can also be deported under s3(6) of the Immigration Act 1971 if a criminal court makes a ‘recommendation’ that he or she should be as part of its sentence.
Under section 3(5) (a) of the Immigration Act 1971, a foreign national may also be deported if the Secretary of State has decided that deportation would be beneficial to public good.
Under UK immigration law (s32 UK Borders Act 2007) a foreign national may be subject to ‘automatic deportation’ if he or she has been convicted of an offence in the UK, and sentenced to a period of imprisonment of 12 months or more. This is because their deportation is automatically considered to be beneficial to public good.
You are exempt from deportation from the UK if you fall under one of the following exclusions:
- You are a British Citizen;
- You are a citizen of the Commonwealth who was ordinarily resident in the UK on 01/01/1973, or if you have a right of abode;
- Prior to the offence, you have continuously lived in the UK for 5 years or more.
The Home Office may also challenge your case under Section 72 of the Nationality, Immigration and Asylum Act 2002, to review and the Secretary of State can, to exclude you from your entitlement for refugee status, if a person has been convicted of a final judgement of a particularly serious crime and to constitute a danger to the community of the United Kingdom if –
- (a) he is convicted in the United Kingdom of an offence, and
- (b) sentenced to a period of imprisonment of at least two years
Deportation cases are complicated and that it is important in many cases to be well represented.
If you are liable to deportation, and want to challenge this, you may want to want to appeal the decision, or seek Judicial Review. We can assist you to prepare your case and your appeal.