DEPORTATION, REMOVAL AND BAIL
Our UK Deportation Legal Services
Our team at Push Legal Services are expert UK deportation legal Lawyers a. We are fully authorised by the law society and regulated by the Office of the Immigration Services Commissioner (OISC).
As UK specialist immigration lawyers we will undertake the following to ensure you are provided with
- The most legally sound and effective service
- We assess and evaluate the merits to challenge deportation or removal
- Represent at the Home Office on your behalf and make an application for Judicial Review in the High Court challenging the detention.
What is a deportation order?
A deportation order requires illegal UK immigrant/s to leave the UK until s/he is removed. It also prohibits illegal UK immigrant from re-entering the country for as long as it is in force and invalidates on leave to enter or remain in the United Kingdom given them before the Order is made or while it is in force.
Are you at risk of being deported as the result of a criminal conviction? Are any of your family members at risk of being deported on the grounds of criminal conviction? You may feel anxious about what might happen. Push Legal services can help provide expert help to yourself and your family. It is vital to get the right legal advice and representation so that you get the outcome you need. We can seek temporary release from detention or bail for you in the meantime. Push Legal Services’ lawyers have a wealth of experience in successfully challenging orders of deportation.
The consequences of deportation can be very distressing, which is why it is essential for you and your family to seek advice from expert experienced immigration lawyers as soon as possible. Working together we may be able to challenge your deportation.
What is Deportation?
Deportation is the enforced removal of non-UK nationals who have breached UK immigration rules, whether because they are here illegally or because they are ‘over stayers’. Removal from the UK is when the Secretary of State issues a Removal Notice to an individual informing them that they are required to leave the UK.
A deportation order can apply to any foreign national, even if they hold a valid visa. They will be prohibited from re-entering the country for the duration of the deportation order; and any leave to enter or remain in the UK given before the order was made is invalidated.
When the decision to make a deportation order has been taken, a notice will be given to the individual concerned informing them of the decision.
When will Removal occur?
A removal notice is usually required when a person has no leave to remain in the UK as they have overstayed a previous visa or they have entered the country illegally when they first entered.
If a person is removed from the UK will they be allowed to return?
Where an individual is removed from the UK, they may be able to apply to return to the UK. However, since 2014, a person who has been removed from the UK may not apply for a visa for a period of 1, 5 or 10 years, depending on whether they left under their own volition, or whether they were removed.
When will an individual automatically be deported from the UK?
Under Section 32 of the UK Borders Act 2007, the Secretary of State must make a deportation order in respect of a non- British criminal where:
- The criminal was convicted in the UK and sentenced to a period of imprisonment, and the period of imprisonment is 12 months or more
- The sentence is a single sentence for a single conviction, it must not be an aggregate sentence or consecutive sentences
- The criminal was serving that sentence on or after 1 August 2008
- The criminal had not been served with a notice of decision to deport before 1 August 2008.
Conditions for Deportation of Convicted Criminals UK?
- A person may be deported if they are not a British Citizen, and have been convicted of a criminal offence.
- A foreign national can also be deported under s3 (6) of the Immigration Aсt 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.
Are there any exceptions to automatic deportation?
Yes, the Border Act provides for the following exceptions to the duty to order automatic deportation:
- Where an individual raises a claim for Asylum under the Human Rights Act 1998.
- Where the individual was under the age of 18 on the date of conviction.
- Where the individual is an EEA citizen or the immediate family of an EEA citizen.
- Where there are mental health problems or the individual is a recognised victim of trafficking.
However, even where an exception applies, the Secretary of State can still pursue a claim for deportation.
In what other circumstances can someone be deported?
The Secretary of State may make a deportation in other circumstances, including where:
- the person’s deportation is conducive to the public good.
- the court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment.
the person is the spouse, civil partner or child under 18 of a person ordered to be deported.
The Process of UK Deportation
Where the State Secretary makes a decision of state’s best interest to deport a member of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed. When a decision to mаkе a deportation оrdеr has been tаkеn (otherwise thаn оn the recommendation of a court) a notice will be givеn to the person concerned informing him of the decision аnd of hiѕ right of appeal.
The Home Office will consider various factors When deciding whether to issue a Notice of Intention to Deport, including:
- The age of the individual.
- The length of their residence in the UK.
- The strength of their connections in the UK.
- Their personal history, such as their character, conduct and employment record.
- Their domestic circumstances.
- The nature of any offences they may have been committed.
- Any criminal record they may have.
- Any compassionate circumstances that exist.
- Any representations received on the individual’s behalf.
Before a decision is made whether to issue a deportation order, the Home Office will usually write to the individual stating that they are considering issuing a deportation order against them in the form of an Intention to Deport notice. The individual will be invited to make representations within 20 days as to why they should not be deported.
This provides the opportunity to the individual to argue their case and provide reasons why they should not be deported. For instance, they may wish to claim asylum, or that their removal would be in contravention of the Refugee Convention. All representations made should be as full as possible at this stage.
In the meantime, detention may be authorised, or an order made restricting the individual as to residence, employment or occupation and requiring them to report to the police pending the making of a deportation order.
A deportation order will not be made if the person’s removal under the order would be contrary to the UK’s obligations under the Refugee Convention or the Human Rights Convention.
When the individual’s representations have been considered, the Secretary of State will then decide whether the deportation order will be pursued. If it is intended to deport the individual, there is no automatic right to appeal the decision.
Right to appeal
You can only appeal if you are told in your decision letter that you have the legal right to appeal. The right to appeal is reserved for the following:
- The refusal of an asylum claim.
- The refusal of a Humanitarian Protection claim.
- The refusal of a human rights claim.
- The revocation of protection status (meaning the removal of your Refugee Status or Humanitarian Protection Status).
- The removal of your entitlement to remain under European law.
Since October 2014, you are only allowed to remain in the UK during the appeal if returning you to your home country would result in the possibility of ‘serious and irreversible harm’ to you or to a family member.
If you do have the right to appeal, it is vital to take the advice of an experienced immigration lawyer.
Appeal to UK Deportation Order
A deportation order may not be made while it is still open to the person to appeal against the State Secretary’s decision, or whilst a pending appeal except where the State Secretary is required to make the deportation order in respect of a foreign criminal under section 32(5) of the UK Borders Act 2007. An appeal is not possible within the immigration appeal system against the making of a deportation order on the recommendation of a court; but there is a right of appeal to a higher court against the recommendation itself. Order on deportation may be held in while it is still open to the person to appeal against the particular conviction, sentence or recommendations, or while such an appeal is pending.
How long do deportation orders last?
A deportation order cannot be revoked until after three years, save for in exceptional circumstances.
If one of these conditions applies to you, you have the opportunity to challenge your deportation. If a loved one is facing deportation, you may also be able to challenge it on one of these grounds.
Push Legal Services has many years experiencing navigating the deportation guidelines, as part of our case management we will be available to offer expert guidance through each step should you require. We have conducted a number of successful challenges to deportation from the UK. Call us now on 0333 0124 253.
DETENTION, BAIL, AND IMMIGRATION DETENTION
Facing a UK Immigration Detention is stressful and difficult situation to be in. Push Legal services can help provide expert help to yourself and your family. In most cases we will be entitled to make an application to a Chief Immigration Officer for Temporary Admission or what is commonly called CIO Bail (Chief Immigration Officer Bail). Numerous factors can influence the success of an application for Temporary Admission or bail which is not easy as each case is viewed on its own merits.
The Secretary of State has the power to detain almost any person who is subject to immigration control. However, there are limitations on this power to detain in circumstances where there is a lengthy detention with no realistic prospect of removal, or where there are strong ties to the community.
What is UK Detention?
UK Immigration detention is the policy of holding individuals suspected of UK Visa Law violations, UK illegal entry or UK unauthorised arrival, and those subject to deportation & removal, in detention until a decision is made by UKBA immigration authorities to either approve a visa or to grant the release into the community, or to send them to their country of departure.
It is also important to consider the actions of the detainee, bоth past аnd present, саn hаvе an impact оn whеther it is reasonable to exercise the power to detain.
The detainee will be detained in a place in which the Secretary of State designates as appropriate, usually at a Detention Centre, although prisons are still used, and Reception Centres, with a less regimented environment have been introduced. Call us now on 0333 0124 253.
What is Removal?
Most removals from the UK of foreign nationals (that is if you are non-British and/or a non-EEA national), take place by way of ‘administrative removal’. This is simply the removal of the person from the United Kingdom. Once outside the UK, the person can apply for re-entry under the Immigration Rules, although there may be issues regarding the trigger of a possible re-entry ban depending on the immigration history of the individual concerned. Administrative removal is distinct from deportation, in that a deportation order physically excludes the person from readmission to the UK for at least three years. However, an administrative removal is a direction and not an order to be removed and has no time period attached to the implementation of the removal.
This applies to illegal entrants and those who became present in the UK illegally, i.e. over-stayers аnd others who have breached the conditions of their stay in the UK. Before going ahead with an administrative removal, the Home Office will review all relevant factors before making such a decision. There may be complex challenges to bring against administrative removal decisions.
The UK Border Agency or the Home Office has the power to detain foreign nationals if someone has:
- Entered unlawfully without an entry leave to remain in the UK
- Overstayed and breached the terms of their UK VISA
- Convicted a criminal offence to the UK immigration control.
UK Immigration removal or detention centres
UK Border Agency’s Immigration removal centres or detention centres are used for temporary detention, in situations where people have no legal right to be in the UK but have refused to leave voluntarily. Those detained in any of the centres can leave at any time to return to their home country. Some detainees are foreign national prisoners who have completed prison terms for serious crimes, but who then refuse to comply with the law by leaving the UK.
UK Immigration Bail Process
Bail is a legal way forward for anyone who has been detained by the UK Border Agency, under the Immigration Acts, in a removal centre or prison for seven days or more.
Bail application is usually filed at a court under certain conditions for release. A detainee makes a Bail application at the immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should remain active. A legal immigration representative can present a case which generally is opposed by a Home Office Presenting Officer.
How can we help you at Push Legal Services?
Our UK Immigration detention experts will assess the legality of detained persons under the UK Immigration Acts and can offer our immigration services in following matters, where we will;
- Evaluate the legal aspects of detention and the claim for damages
- Apply for temporary admission (release)
- Represent at bail hearings
- Assist foreign prisoners issued deportation from the United Kingdom
- Assist foreign prisoners with their application to revoke deportation order
- Revocation of leave / nationality.
Successful UK Bail application
For a bail application to be successful you will need an address to stay at and also one or two people to act as guarantees. to qualify for guarantees, they must;
- Be in contact with you
- Make sure that you won’t break release conditions
- Offer recognisance (some amount of money to be paid to the court if you break release conditions or run away)
- Have a valid UK immigration status
The judge will make a decision based on the conditions of release. It is not compulsory by law that you must have staying address and guarantees, but these components will make your application stronger.
How can you apply for a Bail?
We have qualified and expert lawyers at Push Legal Services that will help you with UK Immigration Bail application preparation, filing and arrange representation at the court hearing.
For further information about how we can represent you in your bail matter, or to discuss your specific case please call us on 0333 0124 253 or email us at email@example.com.
EXCLUSION AND REMOVAL OF EEA NATIONALS FROM THE UK
The power to exclude a person from the UK is currently exercised by the Home Office/Home Secretary. Exclusion prohibits a person entering the UK if their presence in the UK is deemed not to be conducive to the public good or their circumstances are no longer met.
Why you may be excluded or removed?
If the EEA national is No Longer a Qualified Person under EEA Regulations 2006 or if they entered the UK as EEA national while exercising treaty rights under UK Immigration Law (e.g. student, worker, self-sufficient person, self-employed or a family member) but later lost their status, then the EEA national may be excluded from the United Kingdom under Regulations of Directive of 2004, European Union citizens can move freely throughout the EU. The Exclusion also apply to those with historic rights to be here that have now lapsed, their dependants and former of EEA nationals with recent decisions of the European Court.
Loss of EEA Rights
Under regulation 19(1B) of the EEA Regulations 2006, as amended, the Secretary of State can make an exclusion order against an EEA national or their family members on the grounds of public policy, public security or public health.
An exclusion order can be made against a person who is outside the UK, seeking to come in as a family member as well. The effect of the order prohibits the person’s admission to the UK. The exclusion remains in place until it is revoked by the Home Secretary.
Do I have a Right of Appeal regarding UK Exclusion and/or Removal?
Exclusion is not an immigration decision, as defined by section 82 of the Nationality, Immigration and Asylum Act 2002, and does not have a right of appeal. EEA decisions made after 1st April 2003
attract a right of appeal, however this is a complex area of law & specialist advice should be sought to clarify the national’s legal position.
For further information about how we can represent you in your EEA Rights matter, or to discuss your specific case please call us on 0333 0124 253 or email us at firstname.lastname@example.org.
If you need to pass through UK you may need a transit visa. to apply for a transit visa you must be:
- in transit to another country with enough funds and the intention to travel to your destination;
- able to prove you can enter the country you are travelling to
- able to show that the only purpose of your visit to the UK is for transit.
Leaving the airport
You will need to apply for a Visitor in Transit visa if you’ll be going through UK border control but leaving the UK within 48 hours.
You can also apply for a long-term Visitor in Transit visa if you are able prove you need to frequently travel through the UK.
For further information about how we can represent you in your Transit Visa matter, or to discuss your specific case please call us on 0333 0124 253 or email us at email@example.com.
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