In the UK there are three categories that a person could be forced out of the country; deportation, administrative removal and voluntary departure. Voluntary departure happens when a person voluntarily goes out of the country upon enforced removal. Removal happens when a person enters the country illegally or stayed in the country longer that what their visa allowed. Deportation, on the other hand, happens when the Secretary of the State deemed that the deportation of the person in question is for the benefit of the state. (Migrationobservatory.ox.ac.uk)
When a person has been issued a deportation order they would not be allowed to re-enter the country for as long as the deportation order against them is still in forced. In line to this, if the person is given an entry grant (leave-to-enter) or has a permanent residence (leave-to-remain) the deportation order invalidates even if it is approved prior to the deportation. This applies to any foreign national in the country even if they are holding a valid visa.
A foreigner would be automatically deported if he or she were convicted in the UK and is sentenced with either of the following according to the UK Borders Act of 2007 Section 32:
- At least twelve months of imprisonment
- For serious offences, a period of any duration of imprisonment
According to Section 33, however an individual would be exempted to immediate deportation if the following happens:
- If the individual raises claim for Asylum
- If the individual raises claim under the Human Rights Act
- If the person is eighteen below on the date of the conviction
- If the criminal is an EEA citizen
- If the criminal is a relative of an EEA citizen
- If the individual has mental health problems or a recognized victim of human trafficking.
If this is not the case, the Home Office, the government department of UK that handles immigration amongst other things (Gov.uk), would pursue a deportation order to an individual if one of the following circumstances happen:
- The individual has a recommendation for deportation
- The reason behind the deportation is for the public good; and
- The person is related to the one who is being deported
The Home Office would issue a notice of intention to deport bringing into mind the following considerations:
- Age
- Length of residence in the UK
- Connection of the person
- Personal history
- Domestic circumstances
- The offence
- Criminal record
Before issuing a deportation order, the Home Office would give the person a chance to find a representation that would argue their case by writing them. After both the state and the representation of the individual provides their arguments, the Secretary of state will decide whether or not they should pursue the deportation order, if this happens, the individual would have the right to appeal the decision. The individual would then present their reasons as to why they should not be deported.
