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If you're going to be deported from the UK

This advice applies to Scotland

You might have to leave the UK if you’ve broken immigration rules. It’s called ‘administrative removal’ or ‘removal’ if you’re asked to leave because you’ve:

  • overstayed your permission to live in the UK

  • had an application to stay in the UK refused

  • broken the rules of your visa or leave to remain - for example if you worked without permission

Administrative removal is different from deportation. You can be deported if you’re a foreign national and have completed your prison sentence for committing a crime. This is also called ‘removal for the public good’. Your family can also be deported. 

If you’ve been told you’ll be removed or deported should get specialist immigration advice as quickly as possible - read more about getting specialist immigration advice.

Challenging the decision to deport or remove you

If the Home Office wants you to leave the UK, they’ll tell you in writing. You can challenge their decision by explaining why you should be able to stay in the UK. Your letter will tell you how to challenge the decision.

You should get help from an immigration specialist if you want to challenge the Home Office’s decision. An immigration specialist will discuss your situation and help you challenge the decision. For example, you might be able to stay if leaving would go against your human rights or if you can apply for asylum. 

You can read more about finding an immigration specialist.

If your challenge is rejected

The Home Office will send you a letter with information explaining how to leave the UK. It’ll say whether or not you can appeal the decision.

If you can appeal

You’ll need to get help from a specialist immigration adviser. They’ll look into your case to see if an appeal is likely to succeed. They’ll look at things like: 

  • you have strong connections and family in the UK

  • the original decision discriminates against you - like if the reason for your deportation is your ethnicity rather than your nationality

  • going back to your home country would be unsafe

You can read more about finding an immigration specialist.

You could also ask your MP for help if you decide to appeal. They can:

  • get your case looked at again if you think a mistake has been made

  • ask the Home Office to look at your appeal quickly

You can contact your MP for help if you decide to appeal.

It’s best to leave voluntarily if your adviser says an appeal isn’t likely to succeed. If you don’t you’ll be banned from coming back to the UK for 10 years if the government takes you out of the country. 

You can also get in touch with your MSP for help.

Appealing if your first appeal fails

You can appeal again if your first appeal fails. Speak to a specialist immigration adviser - they’ll tell you if another appeal might succeed. You can stay in the UK while your appeal is being considered. 

If you have new evidence showing you should be able to stay in the UK, you might be able to make a new application. For example, if there was new evidence proving your relationship with someone who has the right to live in the UK. 

If you can’t make any further appeal

When you can’t make any more appeals and don’t leave voluntarily, the Home Office will start making arrangements to take you out of the UK. You won’t be able to return to the UK for 10 years.

If you can’t appeal

If you can’t appeal, you might be able to take your case to a judicial review. You’ll need to do this within 3 months of receiving the Home Office’sdecision.

Judicial review might be a good option if there’s been a legal or administrative error. You should get help before deciding to ask for a judicial review - check with an immigration specialist

Leaving the UK voluntarily

You can choose to leave voluntarily if:

  • there’s no formal deportation order against you

  • you have overstayed

If you pay for your journey home, you can apply to return to the UK in 1 year.

You should write to the Home Office to tell them that you’re planning to leave.

If you can’t afford to leave the UK

If you can’t pay for your journey home, you can get help from the government. Depending on your circumstances, you might qualify for ‘voluntary return’ - you could get money to help you move back. Read more about voluntary return and apply for help on GOV.UK. 

Returning to the UK

If you got help from the government to return to your home country, you can usually apply to return to the UK:

  • in 2 years if you leave within 6 months of being told to leave

  • in 2 years after your appeal was refused or after an administrative review 

  • in 5 years if it takes you longer than 6 months to leave

You might have a right to an administrative review when you don’t have a right to appeal to an independent tribunal. In an administrative review, a senior officer at the Home Office will review the decision. 

You might be able to return sooner if you’re applying as the partner of someone who has the right to be in the UK. You might also be able to return sooner if you’re the parent of a child in the UK.

If you’re going to be removed from the UK but there’s no formal deportation order against you

You must get legal advice and tell the Home Office immediately if there’s any other reason you should be allowed to stay in the UK. You might need to explain why you didn’t mention that reason earlier. 

Being deported or removed from the UK

You won’t be taken out of the UK immediately - it usually takes a while for the Home Office to arrange for you to go. During this time you’ll have to visit an immigration reporting centre. You’ll usually have to go to the reporting centre every 2 weeks or once a month.

Being taken into detention

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. 

You shouldn’t be taken into detention if you’re particularly vulnerable to harm in detention, for example because of your mental health, you’re pregnant or because of a physical disability. If you are detained despite being vulnerable you should apply for bail. 

You can be taken into detention at any time. You’re most likely to be taken in when you’re visiting the reporting centre, but it can happen any time. It’s best to be prepared, so make sure you have important documents with you.This includes all your documents related to your immigration case - like copies of applications and refusal decisions. 

You’ll get at least 3 days’ notice of being taken out of the UK. 

You should be given information in your own language explaining your rights while you’re there. If you don’t receive this, you should ask for it.Your rights include:

  • having visitors, receiving post and telephone calls, using the internet

  • applying for bail 

  • keeping your personal property

  • communicating with the outside world - for example to tell people in your home country that you may be returning, contact a lawyer or send and receive documents about your case

  • staying with your family, if they’re detained with you

Getting bail

Getting bail this means the government agrees that you won’t need to stay in detention. Your chances of getting bail are better if you or someone agrees to guarantee to pay money if you run away. 

If you want to ask for bail, you can get free help from Bail for Immigration Detainees. This is a charity which provides legal advice to anyone held in detention in the UK. They make free applications to get asylum seekers and migrants released from detention. Their website also has self-help guides. 

Bail for Immigration Detainees
Telephone: 020 7456 9750
Monday to Thursday, 10am to 12pm
Calls cost up to 13p per minute from landlines, 3p to 55p from mobiles
www.biduk.org

You also have the right to ask to see a legal adviser while you’re in detention. They'll help you apply for bail and make further appeals if there’s new information about your situation. 

If you want to see a legal adviser, ask for an appointment with the duty solicitor under the Detention Duty Advice Scheme. You can read more about the Detention Duty Advice Scheme

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