A deportation order has three effects:1. It requires the person to leave the UK and enables the enforced physical removal of that person; 2. It prevents the person from returning lawfully to the UK while the order remains in force; and 3. It invalidates any leave the person had.
- It involves a potentially permanent ban on re-entry (although a deportation order can be cancelled, formally referred to as “revocation”);
- It can be used even where a person possesses leave to enter or remain; and
- There is a specific criminal offence of breach of a deportation order
A deportation order does not expire by itself after a certain period of time. An application will always be needed to revoke the deportation order.
legislation works by imposing a legal duty on the Home Office to deport foreign criminals sentenced to 12 months’ imprisonment or more, but the duty does not apply where one of several exemptions applies.
These exemptions are on the grounds of:
breach of the Refugee Convention
breach of human rights
- breach of EU law
- foreign criminal was under 18 at the date of conviction
- foreign criminal is subject to extradition proceed
- foreign criminal is subject to an order under the Mental Health Act 1983
If you are faced with deportation, it is imperative that you take action immediately as there are time limits in which you must take action. This area of immigration law is complex, we have the expertise and experience to represent you through the process and give you the best chance of success.