Facing deportation can be incredibly stressful and upsetting, but just because your visa is set to expire or your leave to remain has ended does not necessarily mean there is no hope of remaining in the UK.
There are many reasons that you could face deportation, from committing a criminal offence to paperwork expiration, but all of them can be challenged more effectively when you have a qualified and experienced immigration lawyer in your corner.
In this article, we are going to look at exactly what forced removal from the UK involves, examining what you can do if you are at risk of being deported or if your immigration application has been rejected.
Why listen to us? Well, we are one of the top criminal law firms in the UK, and we specialise in fighting for people’s right to remain in the country. If you are looking for information on how to appeal a deportation decision, file an application, or details on how to avoid being deported from the UK you have come to the right place.
What are your rights?
If the Home Office wishes to remove you from the UK, they are legally obligated to give you notice.
If you have been detained, you must be given at least 72 hours notice before being removed, or, if you are not detained, 7 calendar days.
Either way, you do not have very long to challenge the decision so it is vital that you arrange legal representation well in advance.
You cannot be removed if you have an ongoing asylum claim in the system, and an immigration lawyer will take you through the entire process of formulating and submitting such a request. Likewise, if you have an appeal application currently in progress you cannot be extradited either.
However, the moment the outcome of these applications has been finalised, everything changes, so having the right legal representation in place is key.
What are your options when facing deportation?
If you do end up being deported from the UK, it is very difficult for you to return within the next 10 years, unless the initial deportation order is revoked.
If you have indeed been the subject of a deportation removal order, you have a couple of options to consider.
Unfortunately, there is no automatic legal right to appeal a deportation decision, however you may be able to do so, and do so successfully if you have a strong claim that your human rights have been breached.
If your lawyer can make a strong enough case that there has been a breach of Article 3 or Article 8 of the human rights Act, the order may be revoked.
Appeals must be made within 28 days of the order being administered, however, this does drop to 5 days if the person in question is already in detention.
The deportation appeals process can be a pretty complex thing so it is highly recommended that you use the services of a professional immigration lawyer at all times throughout the process.