If you are issued with a deportation order it means that you must leave the UK. Under current immigration rules, it also allows you to be detained until you are removed.
The order will also prevent you from re-entering Britain while it is valid and removes any right to remain or enter the UK that was granted before or while the order was in force.
Reasons for deportation
The following are the main reasons for deportation:
1. The Secretary of State believes that deportation is for the public good.
2. If you are the civil partner, child under 18, or spouse of someone who has been given a deportation order.
3. When a court makes a recommendation after you are convicted of a criminal offence which is punishable with imprisonment.
Deportation rules for family members
If you are a family member facing deportation as a result of someone else who has been served with a deportation order, then advice from a qualified immigration lawyer can be vital.
In general, the Secretary of State will not normally choose to deport a civil partner or spouse of a deportee if you (as that spouse or civil partner) have settlement rights of your own or have been living separately from your partner.
Children, meanwhile, will not normally face deportation if they haven’t been living with the deportee or if they have formed their own civil partnership or have married before there was the prospect of deportation.
Deportation process explained
If a decision is made to serve you with a deportation order when it is not the result of a court case, you will be given a notice telling you of this decision.
After this notice has been issued you may be detained or the Secretary of State could choose to restrict your movements or employment and ask that you report to police until the deportation order has been made.
If a deportation order is made you will usually be returned to the place where you have nationality or the country that has granted you a travel document most recently. You can also demonstrate that an alternative country will accept you, if this is the case.
Any deportation request not considered to be ‘normal arrangements’ will be assessed based on the public interest and demands on public funds.
If you return to Britain after you have been deported and when there is still a deportation order in force, you can be deported again without a new order having to be made.
It is the Secretary of State’s responsibility to consider these cases and make a decision as to whether it is appropriate to enforce these immigration rules.
Returned family members may be able to apply to re-enter the UK when they reach 18 and are not subject to the original deportation order or if a marriage or partnership with a deportee ends.
Circumstance of revocation
It is possible to have a deportation order revoked in certain circumstances and immigration lawyers can help with the application to give you the best possible chance of making this happen.