Is it possible to be deported on indefinite leave to remain?
Yes, it is possible to be deported on indefinite leave to remain (ILR). The Home Secretary has the power to deport individuals who do not hold British citizenship when it is considered necessary for the common good.
Holding ILR has many benefits and it is a highly sought-after immigration status.
However, it can be revoked at the discretion of the Home Office and a person with ILR can be deported.
It is important to understand the rights and advantages that ILR can bring, as well as the situations by which a person can be deported from the UK.
Being deported from the UK is a serious matter, and in most cases, you will be prohibited from entering the country for at least ten years.
The UK Home Secretary has the legal power to deport non-British citizens under a number of circumstances.
It is not always possible to appeal against a deportation order, and an appeal can only be made on the basis of a human rights claim having been refused.
When can ILR be revoked?
If you are granted ILR, you will be able to enjoy many rights and freedoms without the restrictions of being a UK visa holder.
For example, you can live, work, and study without restriction, access healthcare, access benefits, and potentially bring family members to the UK to join you.
ILR is a route towards British citizenship. If you hold this status for at least 12 months, you may be eligible to apply for citizenship.
However, you must ensure that the Home Office has no reason to revoke your ILR status. Some of the primary causes of losing ILR include being convicted of a criminal offence, reasons related to national security, and lengthy absences outside the UK.
Indefinite leave to remain in the UK can be revoked under the following circumstances:
- The individual is at risk of deportation or administrative removal but cannot be deported
- The individual has deceptively obtained leave
- The individual no longer holds refugee status
- The individual has resided outside the UK for over two years
The rules around ILR are liable to change in the future and if you have any questions, it is recommended to seek legal advice about your individual circumstances.
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.
This is known as enforced removal for the public good, and will most often happen after serving a criminal sentence in a UK prison.
Recent changes to deportation rules have meant that you are more likely to be deported if you have been sentenced to a period of imprisonment lasting 12 months or more.
There are some circumstances whereby you can challenge the decision if your case meets the qualifying criteria. There is no automatic right to appeal a deportation decision.
In 2019, there were 7,400 deportations from the UK, which marked a record low in recent immigration history. The majority of people who undergo forced removal are moved from immigration detention.
This reduction has come in part from a reduced number of people in immigration detention in the UK and some recent changes to the UK’s immigration system.
Can you be deported if you have a child or spouse in the UK?
Yes, if you have been issued with a deportation order, your child and spouse may also be at risk of deportation.
Your child or spouse may be allowed to stay in the UK if they independently hold ILR and/ or if they have been living apart from you.
It may be possible to submit an appeal against your deportation order if you can make a compelling argument based on the right to family life.
In some cases, it may be possible to refer to the previous practice of the seven-year policy for children, whereby a child would not be removed from the UK if they were aged under 18 years, had lived in the UK for at least seven years, and where it would be unreasonable for force the child to leave.
Similarly, an immigration lawyer may be able to make an argument as to why your spouse should not be deported if they hold ILR.
What to do if you have been issued with a deportation order
Being issued with a deportation order is a very serious issue and if you intend to challenge the order, you must act immediately as there is a strict time limit imposed on these orders.
Under the European Convention on Human Rights, you may be eligible to apply to revoke the order if you can demonstrate that you have genuine human rights reasons to do so (family and private life or seeking asylum).
There are different processes for EU citizens and non-EEA citizens issued with deportation orders.
Engaging the services of an immigration lawyer is the best way to challenge the order and maximise the chance of it being revoked.
We will work with you immediately and discuss your case in full. We provide comprehensive and confidential advice on your situation and we can advise you on the range of options available to you.
Contact us on 0121 667 6530 for immediate legal advice on your situation.
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