You may be asked to leave the UK if you have violated any immigration or criminal law. This forceful removal is called ‘deportation’ or ‘administrative removal’. This generally happens when:
- You had your application to continue living in the UK rejected
- Overstayed your authorization to stay in the UK
- Violated your visa rules
It is important to understand that administrative removal is very different from deportation. You or your family can be deported if you’re an international citizen and committed a crime, this is also known as ‘removal for the public good’.
If you have been issued with a deportation order or feel that it is pending, you should immediately consult a UK immigration lawyer and seek expert advice on how to deal with the situation.
How to Challenge the Deportation Decision?
Generally, you get the deportation instructions in writing from the Home Office. Luckily, there are ways you can challenge their decision by giving a reason for why you shouldn’t be deported from the country. To begin with, you have to make representations by way of a comprehensive letter covering all the main points respecting why you should be permitted to stay in the UK.
Honestly, it’s not very easy to make representations on your own and one should seek help from an immigration expert or a solicitor if you’re looking to challenge the Home Office’s deportation/removal decision. An expert immigration lawyer will discuss your situation and show you the right path to challenge the decision. For instance, you might get a chance to stay if removal would repel your human rights.
What to Do If Your Challenge is Refused?
Upon receiving your letter, the Home Office will send you a reply with details on how to leave the country. The response letter will include whether or not you’re entitled to appeal.
If you have been given the right to appeal, you’ll have to contact a specialist immigration lawyer who can look into your case details and evaluate if an appeal is likely to be successful. Generally, they evaluate your application on the basis of:
- Your contacts in the UK
- If going back to your own country is not safe
- If the reason for your removal is your race/ethnicity
Notably, you hold the right to appeal again if your first appeal fails. In case you find some other supporting documents, you’ll have to prepare another application to file an appeal.
In case, you haven’t been given the right to appeal, you may have to take your case to a judicial review. You’ll be needed to take this step within 3 months of acknowledging the Home Office’s decision though. Judicial review can be helpful in a number of different ways.
Apart from forceful deportation or removal, you may choose to leave the country voluntarily if:
- There’s no official order dispatched against you by the Home Office
- You have overstayed in the UK
You can apply to return back to the UK if you’re able to pay for your journey home. Simply write a letter to the Home Office stating your plans to leave. You should get in touch with the government if you’re not able to pay for your journey. Contingent upon your situation, you might be eligible for voluntary return.
If you’ve contacted the Government for the help to get back to your home country, you can generally apply to return back:
- In two years depending upon you left the country within 6 months of being ordered to leave
- In two years subsequent to the rejection of your appeal
- In 5 years if you need some more time (more than 6 months) to leave the country
Generally, you can avail the facility to forward your appeal for an administrative review if you don’t have an option to appeal to an autonomous tribunal. The administrative review is the process whereby the decision is reviewed by the senior officer at the Home Office.
The Deportation Process
It generally takes some time for the Home Office to organize your deportation to your home country. During this span, you’ll be required to go to the reporting center every 2 weeks or at least once a month.
In case, you’ve been told to leave the country soon, you might be taken to the detention center. Ideally, one shouldn’t be taken to the detention center if his or her mental or physical condition is not appropriate for the process. If you have been detained despite suffering from any physical or mental disorder, you can apply for the bail.
Get Help from an Expert Immigration Lawyer
Whether you’ve been asked to leave the country or you’re in detention, you must seek expert legal advice to get back on the right track.
The UK immigration lawyers at Optimus Law are proficient legal experts who are knowledgeable about preventing deportation, detention and appealing on your behalf for bail. Feel free to request a free initial consultation to get your deportation/removal issues resolved.