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Deportation is a procedure whereby the Government for the public good, requires for a foreign national to leave the UK and authorises for the individual to be held in detention until they are removed. Foreign nationals in the UK may be issued with an Deportation Order if they have committed a criminal offence which carries a custodial sentence.
If you have broken the immigration rules, for example by living in the UK without a valid visa, the Home Office can make you leave. A Deportation Order will be automatically granted if a criminal offence that carries a custodial sentence of more than 1 year is committed. The Secretary of State will use their discretion for the interests of the public good to determine whether someone should be removed from the UK.
The Government has the power to detain almost any person who is subject to immigration control. There is limitations on this power to detain in circumstances where:
- There is a lengthy detention with no realistic prospect of removal or
- Where there are strong ties to the community.
- You can show it is not necessary for you to be detained
- The reasons for your detention are inadequate.
We are highly qualified and experienced in dealing with a different type of Deportation and Bail matters including:
- Advice for those being considered for removal from the UK
- Assistance with written applications in deportation cases
- Representation at deportation appeals
- Assistance and advice on applying for bail for immigration detainees
- Making written applications for bail to the Home Office
- Making applications to the court for bail
Are you currently facing deportation from the UK? If so, it is important for you to contact one of our immigration lawyers right away.
Optimus Law can help you with representations at a Bail Hearing and Appeal your Deportation. Our experienced lawyers will also visit you in detention and can make a Emergency Bail Application.
What is Deportation?
Deportation is the technical term used to describe a decision made by the Secretary of State for the Home Department (SSHD) to remove a non-EEA foreign criminal from the UK.
Foreign nationals in the UK may be issued with an Deportation Order if they have committed a criminal offence which carries a custodial sentence. This is the Government removing a individuals right to remain in the UK unless they successfully appeal or revoke the Deportation.
What is a Immigration Removal Centre?
An Immigration Removal Centre (IRC) may also be a prison, short term holding facility or a detention centre with the purpose of holding individuals who are suspected of visa violations or illegal and unauthorised arrival. A IRC will also hold those who are subject to deportation, if you wish to speak to someone regarding a Detention Visit to discuss your options for Bail please contact our experienced lawyers.
How will I know if I am being deported?
You will receive a Deportation Order which will give you notice that the Government wish to remove you from the UK. If you have received a Deportation Order it is advisable for you to contact an immigration lawyer immediately. If you have arrived illegally in the UK, overstayed your permission to be here or you are an asylum seeker whose claim has been refused, you and any dependents may be detained in an Immigration Removal Centre (IRC) prior to removal.
Can I apply for Bail?
Yes,If you have been detained in a removal centre or prison for at least 7 days for an immigration matter you will be able to apply to be released on bail. Our experienced lawyers will help you prepare your Bail Application and will help you show in principle why it is not necessary for you to be detained. We can also provide Emergency Bail Applications for those who wish to speed up their release from detention.
I have family in the UK, will I be deported?
You may still be deported if you have family in the UK, depending on the crime you have committed and the circumstances of your offence. If you do have family in the UK such as a child or partner then it is important you contact our experienced lawyers for advice as we can discuss what options are available to you and whether there is a basis upon which we can appeal the deportation.
Will I be deported straight after my prison sentence?
It is unlikely you will be deported straight after your prison sentence as the Home Office usually requires some time to arrange your documents. In this time, if you wish to appeal your deportation then you can arrange for a discussion with an immigration lawyer who will discuss your options and advise you on your grounds for appeal.
My partner is in detention, can Optimus Law help?
Yes, we can help your partner. Our experienced lawyers have helped many individuals with Bail and can provide you with a comprehensive service where we visit the detainee and provide advice in person to make their Emergency Bail application.
- Visiting and advising the individual at a detention centre, prison or removal centre.
- Assistance with written representations and application forms.
- Producing a written representation letter citing case law and legislation relevant to your case.
- Application for Bail to an Immigration Judge
- Liaising with your family or partner to ensure peace of mind.
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