UK deportation order: 3 reasons foreigners can have it revoked
UK Prime Minister, Andy Burnham.
Foreign nationals who have been deported from the United Kingdom may have a route to challenge their deportation order under specific circumstances, according to the UK Home Office immigration rules.
The rules set out different grounds for revoking a deportation order depending on why the person was deported, whether they were convicted of a criminal offence and, where applicable, the length of the prison sentence they received.
A crucial point for foreigners considering an application is that having a deportation order revoked does not automatically give them permission to return to the UK. Revocation removes the deportation order, but the individual may still need to apply for entry clearance or permission to enter or remain.
Here are the main circumstances under which a deportation order may be revoked.
1. Foreigners sentenced to less than four years
One route applies to foreign nationals who were convicted of an offence and received a prison sentence of less than four years.
Under the rules, such applicants may seek revocation where their private or family life in the UK engages protections under Article 8 of the European Convention on Human Rights.
An applicant may also argue that refusing to revoke the deportation order would breach their Article 8 rights.
Article 8 concerns the right to respect for private and family life. In immigration cases, this can make a person’s family circumstances, relationships and established life in the UK relevant to the decision.
However, meeting the requirements does not mean revocation is automatic. The circumstances of each case remain important.
2. Foreigners given prison sentences of four years or more
A different and significantly higher threshold applies to foreign nationals who received a prison sentence of four years or longer.
In these cases, the immigration rules provide a narrower basis for seeking revocation. The applicant must establish that there are very compelling circumstances which would make it a breach of Article 8 rights not to revoke the deportation order.
The distinction based on sentence length is therefore important for anyone trying to understand whether they may have a route to challenge an existing deportation order.
A person who received a sentence below four years does not face exactly the same test as someone sentenced to four years or more.
3. Human rights or Refugee Convention grounds
There is another ground that can apply regardless of the length of a person’s prison sentence.
A deportation order may be revoked where refusing to do so would be contrary to protections under the Human Rights Convention or the Refugee Convention.
This provides a separate legal basis for an application and means that the circumstances surrounding the person’s human rights or refugee protections can be relevant to the decision.
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What happens if a deportation order is revoked?
Revocation should not be confused with permission to return to Britain.
If the Home Office revokes a deportation order, the individual does not automatically regain the right to enter or live in the UK.
Instead, the person may become eligible to make a separate application for entry clearance or permission to enter or remain. That application will then be considered under the relevant immigration rules and can still be refused.
This distinction is particularly important for people who may assume that a successful revocation application immediately cancels all immigration restrictions.
What about foreigners deported without a criminal conviction?
The rules also provide a separate route for people whose deportation was based on public-interest considerations rather than a criminal conviction.
In such cases, revocation may be possible if there has been a material change in the circumstances that originally resulted in the deportation decision.
This means the applicant would need to demonstrate that the circumstances connected to the original deportation have changed in a significant way.
The route is therefore different from the grounds that apply to people deported following criminal convictions.
Why sentence length matters in UK deportation cases
The Home Office framework creates different routes depending on an individual’s circumstances.
For people convicted and sentenced to less than four years, Article 8 private and family life considerations can form part of an application. Those sentenced to four years or more face the higher “very compelling circumstances” threshold.
Meanwhile, human rights and Refugee Convention considerations can provide another basis for revocation, while people deported without criminal convictions may rely on a material change in the circumstances behind the original decision.
The rules do not mean that every deported foreign national who meets one of these descriptions will have their order revoked. Applicants must still satisfy the applicable requirements and provide evidence supporting their case.
Frequently asked questions about UK deportation orders
Can a UK deportation order be revoked?
Yes. UK immigration rules provide circumstances in which a deportation order can be revoked or otherwise challenged. The applicable route depends on the person’s circumstances, including any criminal conviction and sentence.
Can a deportation order be revoked after someone has left the UK?
Yes. People who have already been deported can apply for revocation from outside the UK, subject to the relevant immigration rules and requirements.
Does revoking a deportation order allow someone to return to the UK?
No. Revocation of a deportation order does not automatically give a person permission to enter or remain in the UK. A separate immigration application may still be required.
What happens if someone was sentenced to less than four years?
A person sentenced to less than four years may be able to rely on Article 8 private and family life protections when seeking revocation, depending on the circumstances of the case.
What if the prison sentence was four years or more?
The rules set a higher threshold. The applicant generally needs to demonstrate very compelling circumstances that would make refusal to revoke the order a breach of Article 8 rights.
Can a deportation order be revoked on human rights grounds?
Yes. The immigration rules include circumstances where refusing revocation would be contrary to the Human Rights Convention or the Refugee Convention.
Can someone deported without a criminal conviction challenge the order?
There is a separate route where the deportation was made on public-interest grounds rather than following a criminal conviction. A material change in the circumstances that led to the deportation may provide grounds for revocation.