You Have Received a Deportation Notice
The Home Office has served notice of a decision to deport you from the UK, or you have received notification of automatic deportation following a criminal conviction. This page explains the legal framework, your rights, and the urgent steps you must take.
Quick Answer
Deportation is one of the most serious immigration decisions you can face. If you have been sentenced to 12 months or more imprisonment, automatic deportation under s.32 of the UK Borders Act 2007 applies unless a statutory exception is made out. You have the right to appeal — but the deadline is 14 days from the deportation order. Instruct an immigration solicitor immediately.
Full Explanation
Deportation removes a person from the UK and makes their return unlawful without the Home Secretary's consent. There are two main routes: automatic deportation under the UK Borders Act 2007 for foreign national offenders sentenced to 12 months or more imprisonment, and conducive deportation under s.3(5) of the Immigration Act 1971 on grounds that it is conducive to the public good.
For automatic deportation under s.32 of the UK Borders Act 2007, the Home Office must deport a foreign criminal unless a statutory exception applies. The exceptions in s.33 include: deportation would breach ECHR rights (principally Article 8 — right to respect for private and family life); deportation would breach the Refugee Convention; or the person is a British citizen. The threshold for a successful Article 8 defence is high: the court must weigh the individual's private and family life against the public interest in deportation.
The public interest in deportation of foreign criminals is codified in the Nationality, Immigration and Asylum Act 2002 ss.117A–117D, as amended. For sentences of 4+ years, deportation will be very difficult to challenge unless there are exceptional circumstances. For sentences between 1–4 years, the statutory framework applies a two-stage test: (1) is there a genuine, subsisting parental relationship with a qualifying child who would be unduly harsh to separate from the parent, or (2) are there very compelling circumstances over and above those described?
You have the right to appeal a deportation order to the First-tier Tribunal under s.82 of the 2002 Act. The deadline is 14 days from the decision if you are in the UK (5 days in detention). The Tribunal will hear evidence about your family and private life, the interests of any children, your rehabilitation, and the risk of reoffending.
If you are detained pending deportation, you can apply for immigration bail to the First-tier Tribunal or the Home Office. Bail applications should be made promptly — there is no automatic bail hearing. Your solicitor should apply urgently.
Legal Basis
- §UK Borders Act 2007, s.32 — Imposes a duty on the Home Secretary to deport foreign criminals sentenced to 12 months or more in prison, unless a s.33 exception applies.
- §Immigration Act 1971, s.3(5) — Gives the Home Secretary the power to deport any person whose presence in the UK is not conducive to the public good.
- §Nationality, Immigration and Asylum Act 2002, ss.117A–117D — Codifies the public interest considerations in deportation cases, including the framework for assessing Article 8 arguments by foreign criminals.
- §Human Rights Act 1998, incorporating ECHR Article 8 — Protects the right to respect for private and family life — the principal basis for challenging deportation orders.
What To Do
Instruct an Immigration Solicitor Urgently
Contact a legal aid immigration solicitor immediately upon receipt of the deportation notice or deportation order. Legal aid is available for deportation cases on human rights grounds. If you are in an Immigration Removal Centre, ask IRC staff to contact the Detention Duty Advice scheme or the IRC legal surgery.
File an Appeal Within 14 Days
Your solicitor will file a Notice of Appeal (IAFT-1) at the First-tier Tribunal within 14 days of the deportation decision. The appeal will be on human rights grounds (Article 8 ECHR) and/or refugee grounds if applicable. Filing the appeal automatically prevents removal while the appeal is pending.
Gather Evidence of Private and Family Life
Compile evidence of your ties to the UK: length of residence, employment history, family relationships (particularly relationships with British or settled children), community ties, evidence of rehabilitation (completion of courses, work in prison, positive references), and evidence of circumstances in your country of origin.
Apply for Immigration Bail If Detained
If you are detained pending deportation, your solicitor should make an urgent bail application to the First-tier Tribunal or, for emergency bail, to the High Court. Grounds for bail include: you will not abscond; you have a fixed address; you have strong family ties; there are medical grounds; or the deportation appeal has good prospects.
Important Deadlines
Important Warnings
If you are removed from the UK before your appeal is determined, your appeal may be treated as abandoned. Never board a flight voluntarily without taking specialist legal advice first.
A deportation order, once made, bans re-entry indefinitely unless revoked. Entering or attempting to enter the UK in breach of a deportation order is a criminal offence.
Any fresh asylum or human rights claim submitted to the Home Office while you are in detention will be certified as 'clearly unfounded' unless it raises a genuinely new matter — this can restrict appeal rights.