What are the implications of UK deportation?

What are the implications of UK deportation? - Brown Brick Building With White Wooden Framed Glass Window

If I leave the UK voluntarily, can I return in less than 10 years? I had a 12-month conviction, reduced to 11 months, for harassment of my former partner (nothing serious, for making a nuisance of myself). I had indefinite leave to remain. I'm appealing deportation at the moment (to the US). Would it be better to leave voluntarily? Would that be better than waiting for the end of the process and actually being deported? Would it avoid invoking the ban?



Best Answer

I am not an expert in UK law. You definitely need to consult a lawyer to confirm that what I have written below is relevant to your particular case.

According to the UK Immigration rules, a criminal conviction and imprisonment makes one ineligible to enter the UK in the future, in and of itself:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

...

(2) the fact that the person seeking entry to the United Kingdom:

(a) is currently the subject of a deportation order; or

(b) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or

(c) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or

(d) has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.

(italics added)

I'm not sure whether a reduced sentence would be treated under the original length or the reduced length under these regulations (as it might result in a different length of ban.) However, it appears that pretty much anyone who serves a prison sentence is then subject to a UK entry ban of some length, even if they are not the subject of a deportation order at the time.




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What happens when deported from UK?

You'll be take to a detention centre if you've been told you have the leave the UK soon. You'll have to stay there until you leave the UK. You might also be taken to a detention centre if the Home Office thinks you might try to avoid being deported.

What are the consequences of getting deported?

Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.

How many years after deportation UK?

If you have already been deported from the UK then you are likely to be aware of the fact that you are subject to an entry ban to the UK. An entry ban is usually 10 years for the UK and you will not be able to apply for a visa or travel to the UK in that 10 year period.

Can a British citizen get deported?

Who can be deported from the UK? People who do not hold leave to remain in the UK may be removed forcibly by the Home Office (also known as forced removal). If an individual who does not hold British citizenship is convicted of a crime in the UK, they can be deported from the UK at the discretion of the Home Secretary.



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Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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