Deportation – UK Immigration Law
As a non-EEA, national following your conviction under current immigration law, you are subject to Automatic Deportation.
Automatic deportation applies where someone, other than a British citizen, has been convicted of a criminal offence in the UK and is sentenced to imprisonment for a period of 12 months or more for that offence.
It applies whether or not the person spends or will spend 12 months or more in prison, provided the sentence imposed was for 12 months or more. Therefore, a person sentenced to 12 months imprisonment, who can normally be expected to be released after spending no less than six months in prison, will still face automatic deportation. Under Immigration Law if a person is convicted of more than one offence, automatic deportation will only apply if he or she receives a prison sentence of at least 12 months specific to one of the offences. It does not, therefore, apply where someone is sentenced to two or more periods of imprisonment of less than 12 months each but where (because he or she is ordered to serve the sentences consecutively) the total period of imprisonment is more than 12 months.
The requirements for you to be granted further leave to remain in the UK are set out in the Immigration Rules.
What is Deportation?
Deportation is the technical term used to describe a decision made by the Secretary of State for the Home Department (SSHD) to remove a non-EEA foreign criminal from the UK.
The effect of deportation is to cancel any existing leave to enter or remain.
A person who is deported will be barred from return to the UK for a specific period of time, normally at least 10 years, unless the Secretary of State agrees to revoke the deportation order.
The Secretary of State has powers to deport a foreign criminal on the ground that his or her presence in the UK is not conducive to the public good (section 3(5)(a) Immigration Act 1971).
The Secretary of State must automatically make a decision to deport in cases where the foreign criminal has been sentenced to a period of imprisonment of 12 months or more (section 32 UK Borders Act 2007) unless one of the exceptions apply. The most commonly argued exceptions to automatic deportation are that removal in pursuance of the deportation order would amount to a breach of the Human Rights or Refugee Conventions. Significant changes have been made to the process of deportation in relation to most decisions made after 10 November 2014
We at Optimus Law can assist you with challenging any deportation notice served on you. Contact our experienced team of lawyer with be able to arrange a detainee visit.
Immigration & Detention
If you have arrived illegally in the UK, overstayed your permission to be here or you are an asylum seeker whose claim has been refused, you and any dependents may be detained in an Immigration Removal Centre (IRC) prior to removal.
Detention may be authorised where there are good grounds for believing that you will not report to the immigration authorities.
If you are detained you may be able to appeal an order for enforced removal or any decision refusing an application for leave to remain. You can also apply for bail to secure your release from an IRC or other secure centre.
We at Optimus Law can provide urgent immigration law advice and assistance for failed asylum seekers and other migrants who have or are being threatened with detention and deportation.
If you are being held in immigration detention, you can apply to a court to be released on bail back into the community if you have a pending application or appeal then we can make a bail application for you.
All immigration detainees have a right to make an application for bail if you have been in the UK for at least 7 days and/or 7 days after any application or appeal being lodged.
Bail for Foreign National Prisoners
When can a foreign national prisoner apply for immigration bail? You can apply for bail from the immigration tribunal if you are held under immigration powers, for example:
- At the end of your custodial sentence
- At the half-way point (Automatic Release Date) of your sentence if you are put on `immigration hold’ rather than released
If you apply for release on immigration bail you must give the immigration tribunal an address where you plan to stay. If you are still under license, this address must be approved by the probation service.
Frequently asked questions
Do I need probation approval for an address before applying for immigration bail?
If your sentence is less than 12 months AND you do not have a release license or any kind of ‘ancillary’ or other order (e.g. a restraining order), then Probation or the Police will not need to be involved in decisions about where you can live if you are released on bail. This information booklet does not apply to you!
You will need probation approval before applying for immigration bail if:
- You have a “fixed term” prison sentence of 12 months to 4 years. Prisoners usually serve the first half of their sentence in prison and the second half in the community on licence.
- Your `Offender Supervisor’ should begin to arrange for probation approval of the release address that you give them, as part of your discharge process for an upcoming `Automatic Release Date’.
- Foreign national offenders may not be released but instead, be detained under immigration powers.
- If this happens you will be on licence until the end of your sentence even though you are still in custody for immigration reasons. You might be kept in prison or you may be transferred to an IRC. You can apply for immigration bail.
- If you are being held in prison, you will know you are detained for immigration reasons if the Home Office has given you a document called the IS91R ‘Reasons for Detention’ form.
Contact an experienced immigration solicitor who will be able to help you make your bail application by filling in a New Enquiry Form or calling 0121 516 0288.