Deportation in the UK is the act of removal of a foreign national from the country in accordance with a DO (Deportation Order).  A DO is made after the Secretary of State for the Home Department decides that a person must be removed from the UK and formally issues a legal order to enforce that decision. A DO is usually made after a decision to deport a person has been finalised, not at the very beginning of the process.

Grounds for a deportation order?

A DO is made on the grounds that your presence is considered not conducive to the public good, or in other words, your deportation is conducive to the public good. A deportation order makes your permission to enter or stay in the UK invalid and prevents you from returning to the UK while the DO (Deportation Order) is in force.

Common grounds for UK deportation

You and your dependants will be considered for deportation from the UK if you meet the criteria set out in Non-conducive deportation or Public Policy, public security, or public health decisions.

Some common grounds for your deportation include:

(a) You have been convicted of a criminal offence for which you have been sentenced to 12 months or more in custody; or 

(b) The Secretary of State (UK) otherwise considers that your deportation is conducive to the public good; or

(c) You are the spouse (husband, wife), civil partner, or child under 18 of someone who either is or has been ordered to be deported.

If you are an Irish citizen, you may only be deported where a court has recommended your deportation or where the Secretary of State (UK) concludes that, due to the case’s exceptional circumstances, the public interest requires your deportation.

What grounds to raise against a Deportation Order? 

A deportation order is a legal document that requires you to leave the UK, cancels any existing visa or permission to stay, and prevents you from re-entering the UK while the order is in force.

This is generally served whilst the person is in prison and they are requested to respond within a certain amount of time. 

Even though you can challenge a UK deportation order, however first the grounds you raise must be strong, evidence-based, and legally recognised. The decision makers will only roll back or overturn a deportation decision if you can show that removal would be unlawful or disproportionate.

1. ECHR - Article 8 private life exceptions 

You may not be liable to deportation where the ECHR (European Convention on Human Rights) - Article 8 Private Life exception applies. 

The Article 8 ECHR Private Life exception is met where you:

• Have spent the majority of your life living lawfully in the UK; and

• Are well integrated into life in the UK on a personal, social, and cultural level; and 

• Would face very serious difficulties in adapting to life in the country to which you would be deported.

2. ECHR - Article 8 family life exceptions 

Under UK law, the family life exception can apply where deportation would be “unduly harsh” on a qualifying family member.

a. Partner-Based Exception

You may rely on this if you have a genuine and ongoing relationship with a partner who is a British citizen or settled in the UK. 

You must show that the effect of UK deportation on your partner would be unduly harsh, either if they stay in the UK without you or if they relocate abroad with you. These are considered as insurmountable obstacles. 

b. Child-Based Exception

You can rely on a child-based exception if you have a genuine and ongoing parental relationship with a child who is a British citizen or has lived in the UK for at least 7 years. 

You must prove that the UK deportation would be unduly harsh on the child, considering its impact on the welfare of the child, education disruption, and effect on health and overall well-being.

3. Other ECHR - Article 8 exceptions

Where you have been convicted, whether in the UK or overseas, for which you have been sentenced to 12 or more months in custody (this includes prison sentences, suspended sentences, and a single sentence of 12 or more months), have been convicted of a type of offence that has caused serious physical/psychological harm, or are a persistent offender, the public interest requires your deportation from the UK unless very compelling circumstances exist such that your removal would be contrary to the Human Rights Act 1998.

If you have been given a custodial sentence of 4 or more years, you must show very compelling circumstances (strong enough to clearly outweigh the public interest in deportation) on top of the private or family life exception for UK deportation to be a breach of the ECHR - Article 8.

Realistic Examples of Very Compelling Circumstances

• You have a child with serious medical or special needs

• Your partner is completely dependent on you 

• You have had a long residence in the UK since childhood, and you have no real ties to your Home Country

• Your offence was serious, but it was a one-off incident; you have shown genuine remorse, and there is clear evidence of reform (stable job, family support, no reoffending).

• You would face extreme poverty, social exclusion, and a lack of basic support systems in the country/territory where you would be deported.

The relevant legislation to raise the exceptions from Deportation is under the UK Borders Act 2007 (sections 32 and 33), Nationality Immigration Asylum Act 2002 (Sections 117 A to D), Section 2 under Part 13 of the Immigration Rules and Appendix FM of the immigration rules. 

Raising grounds for revocation of a UK deportation order

If you are subject to a deportation order, you can apply to the Home Office for revocation (cancellation or withdrawal) of a deportation order. It is the process of asking the Home Office to lift that deportation order. 

If you have been deported you can also apply (there is no automatic right to revocation) from outside the UK.

Your deportation order will be revoked where:

(a) You have been convicted and sentenced to a jail term of less than 4 years, the ECHR - Article 8 (right to private and family life) exception, or both, is met, or where there are very compelling circumstances which would cause a breach of ECHR - Article 8 if a decision not to revoke the deportation order is made; or

(b) You have been convicted and sentenced to a jail term of at least 4 years, but there are very compelling circumstances which would cause a breach of ECHR – Article 8 if a decision not to revoke the deportation order is made; or

(c) A decision not to revoke your deportation order would be contrary to the Refugee Convention or the Human Rights Convention.

Where you apply for revocation of a deportation order, where you have not been convicted for which you were given a custodial sentence, the deportation order may be revoked if there has been a material change in circumstances in connection with the factors that led to your deportation on the ground that doing so was conducive to the public good.

How can Visa and Migration help?

If you are facing UK deportation order, you should swiftly seek professional legal advice raise the valid grounds against the order. 

We can help you with:

• Checking the details of the deportation order.

• Advising on your rights, appeals, and deadlines.

• Gather evidence for grounds under the ECHR - Article 8 claims. For example, proof of family/private life.

• Submit representations/appeals to challenge the deportation if valid grounds exist. For example, ECHR – Article 8 human rights claims.

• Collecting supporting statements. 

• Monitoring deadlines carefully

• Assisting you with practical matters, paperwork, translations, and gathering documents that show your ties to the UK.

• Keeping you informed with the latest developments.

For expert advice, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com