What Crimes Can you be Deported for in the UK? 

Under Section 3 (5) of the Immigration Act 1971, anyone who is not a British Citizen can be deported from the UK if their removal is deemed to be ‘conducive to the public good’ by the Home Secretary.

Those who are subject to a deportation order will be detained until deportation and will be unable to return for as long as the order remains in place.

Any previously existing right to remain order will be void whilst a deportation order is in place, no matter how long you have lived in the UK.

Under the UK Borders Act 2007, ‘foreign criminals’ (anyone who is not a British Citizen convicted of a criminal offence) can be automatically deported if they are sentenced to 12 months or more for their offence.

If you have been informed by the Home Office that they intend to make a deportation order against you and you may be removed from the UK, it is vital to speak to an experienced immigration lawyer immediately.

Which Crimes Can Lead to Automatic Deportation?

Any crime with a potential sentence of over 12 months imprisonment has the potential to lead to automatic deportation from the UK.

These are classed as a serious crimes and includes offences such as grievous bodily harm, actual bodily harm, assault, drug related offences, proceeds of crime, sexual offences, murder, and theft, among others.

More information on specific offences can be found in the Nationality, Immigration and Asylum Act 2002.

If you find yourself accused or charged with a ‘serious crime’ it is essential that you seek the services of an expert criminal lawyer as soon as possible. Their support, advice, and representation may be the difference between a conviction leading to automatic deportation and either a shorter sentence or an acquittal.

Can you appeal a deportation order?

There are several instances in which a foreign national who has been convicted of a criminal offence can appeal against a decision of deportation.

Deportation orders can only be approved in the deportation complies with the UK’s obligations under the European Convention on Human Rights and the UN Refugee Convention.

If you believe that your human rights may be breached as a result of deportation you should seek the advice of a human rights lawyer immediately and they will be able to advise you on the likelihood of an appeal being successful.

‘Deport First, Appeal Later’ approach to deporting foreign offenders

In 2014, a highly controversial amendment was made to the Nationality, immigration and Asylum Act 2002, giving the home office the power to deport individuals BEFORE their appeal.

However, in 2017 the Supreme Court ruled that this practice was in fact illegal and that it denied individuals of their fundamental right to an effective appeal, breaching Article 8 of the European Convention on Human Rights.

Since then, Deport First Appeal later has been considered unlawful in cases where the Home Office is unable to show that deportees will have an effective appeal from overseas.

What exceptions may apply to a deportation order given to a foreign national?

If your sentence for the crime for which you have been convicted in less than 4 years, Section 117c of the Nationality, Immigration and Asylum Act 2002 states that deportation for public interest reasons may be prevented if either of the following two exceptions apply:

1) You have been a resident of the UK for most of your life, are socially and culturally integrated in the UK, and there would be significant obstacles to your integration in the country you are to be deported to.

2) The effect of your deportation would be ‘unduly harsh’ on a partner or child with which you have a genuine and subsisting relationship with.

If your sentence exceeds 4 years, the same piece of legislation dictates that there must be compelling circumstances above and beyond these exceptions or public interest deportation will be carried out.

These circumstances can include existing relationships with family members, the impact of deportation on the safety of children, and the level of integration into UK society.

Successful appeals against serious offence related deportation cases are rare, but not unheard of, so it is vital to seek legal advice if you find yourself in this situation.

The Role of Immigration Lawyers in the Deportation Decision

Immigration and human rights lawyers have a huge role to play in the deportation process. They have an in-depth understanding of immigration rules, the appeal process for deportation orders, and human rights legislation and can be the difference between being able to stay in the UK and having to leave the UK.

If you have been sentenced to a period of more than 12 months imprisonment risk being convicted of a crime with such a sentence, consulting with an immigration lawyer is essential if you wish to have a chance of avoiding being automatically deported as a foreign criminal.

Non-British citizens seeking to remain in the UK who face deportation and are looking to appeal a decision to deport or to challenge a criminal conviction should contact an experienced and renowned immigration lawyer as soon as possible.