Can I Appeal a UK Deportation Order?
If you are in the unfortunate position of having received a UK deportation order you need to take urgent legal advice from expert immigration solicitors on your best options to challenge the deportation order and appeal the decision to have you removed from the UK.
UK deportation order solicitors
For advice on appealing a deportation order or help with your Immigration status call the immigration team at London based OTS Solicitors on 0203 959 9123 or contact us using our online enquiry form. Appointments are available through video conferencing, Skype or by telephone.
What is a deportation order?
In summary a deportation order enables the Home Office to:
- Require you to leave the UK
- Authorises your detention until removal
- Prohibits re-entry into the UK whilst the deportation order remains in force even if you have leave to be in the UK or leave to enter the UK.
When can a deportation order be made?
A deportation order can be made if:
- The Secretary of State is of the opinion that your deportation is conducive to the public good or
- You are the spouse or civil partner or child under the age of eighteen of a person who is subject to a deportation order or
- The court recommended deportation because you have been convicted of an offence punishable with imprisonment.
Can I appeal against a UK deportation order?
To appeal against a deportation order you can rely on Article 8 of the European Convention on Human Rights. Article 8 of the Convention gives you the right to respect for private and family life. The Convention goes onto state that a public authority (the Home Office) shouldn’t interfere with your convention rights unless the interference is in accordance with the law and is ‘’necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others’’.
You can appeal against a deportation order based on:
- You have a child in the UK or
- You are in a relationship or
- There would be significant integration issues if you were deported from the UK to another country.
Appealing a deportation order because you have a child in the UK
If you receive a deportation order because you have been imprisoned in the UK and sentenced to between one to four years in prison then you may be able to challenge the deportation order because of your relationship with your child provided that:
- Your child is under the age of eighteen years and
- Your child is a British Citizenship or has been in the UK for at least seven years and
- You have a genuine and subsisting parental relationship with your child and
- It would be unduly harsh for your child to live in the country where you will be deported to or for your child to remain in the UK without you because of the implementation of the deportation order.
Appealing a deportation order because of a relationship
You may be able to appeal against a deportation order if you can establish that you are:
- In a genuine and subsisting relationship with a person who is either a British citizen or someone with settled status in the UK and who is living in the UK and
- The relationship began when you had lawful Immigration status and were not at threat of a deportation order being made and
- It would be unduly harsh for your partner to have to move to live in the country that you are being deported to and unduly harsh for your partner to remain in the UK without you.
Appealing a deportation order on Human Rights and your right to a private life
- You have been in the UK for most of your life and
- You are socially and culturally integrated into life in the UK and
- There would be very significant obstacles to your integration into the country where you are being deported to.
What are my chances of appealing against a deportation order?
Immigration solicitors say that it is impossible to say what your chances are of appealing against a deportation orderwithout knowing all about the reasons for the making of the deportation order and your personal and family circumstances. That is why it is best that you take urgent legal advice from a specialist deportation order solicitor so that they can look at your best appeal options.
If you do successfully appeal against the deportation order the Immigration process doesn’t end there as you will still need to sort out your Immigration status by ensuring that you have the legal right to stay in the UK and applying for leave to remain in the UK to regularise your position if necessary.
UK deportation order solicitors
For information on challenging a deportation order or help with your Immigration status call the immigration team at London based OTS Solicitors on 0203 959 9123 or contact us using our online enquiry form. Appointments are available through video conferencing, Skype or by telephone.
OTS Solicitors specialise in personal immigration law and are recommended in the two leading law directories, The Legal 500 and Chambers Guide to the Legal Profession. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.
The deportation order solicitors provide expert immigration legal advice looking at your best options on how to appeal the deportation order. For specialist immigration law advice call OTS Solicitors on 0203 959 9123 or contact us here. Appointments are available through video conferencing, Skype or by telephone appointment.