Deportation and Administrative Removal

Deportation

The Home Office have a discretionary power to make a deportation order.  This requires you to leave the UK and prohibits you from lawfully re-entering while the order is in force.  It also invalidates any existing visa.

British citizens and others with the right of abode in the UK cannot be deported.  Some Commonwealth and Irish citizens are exempt from deportation.  Anyone else, including a person who is settled in the UK, is liable to deportation.

Administrative Removal

Removal from the UK is often described as ‘administrative removal’. 

You may be removed from the UK under the authority of the Home Office or an immigration officer if you require a visa in the UK but do not have it. 

This means that the following people may be administratively removed from the UK;-

• anyone who has failed to observe the conditions attached to their leave
• overstayers
• anyone who obtained leave to remain by deception, or who sought to obtain such leave by deception
• the family members (partner or child) of such people

Immigration detention bail

You can apply for immigration bail if the Home Office is holding you on immigration matters.  This means you might be released from detention but you’ll have to obey at least one condition.

You can apply whether you’re held in an immigration removal centre, a detention centre or a prison.  You must be held on immigration matters.

You’re more likely to get bail if you have a place to stay.

Your application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’.  This is a person who:-

• will pay money if you don’t follow the conditions of your bail
• can attend your bail hearing

You may find it harder to get bail if you:-

• have broken bail conditions in the past
• have a criminal record, and there’s a risk you might reoffend

If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly.

If you are refused bail, you’ll get a written statement telling you why.

You might not be released even if you’re granted bail.  If your removal date is in the 14 days after you get bail, the Home Office will have to agree to your release.