PERSONAL IMMIGRATION LAW
ASSITANCE WITH DEPORTATION FROM UK
Our solicitors are experts in deportation proceedings. Deportation is not simply the process whereby a person who does not have a visa is removed from the United Kingdom (a common misconception used by the media) but it in fact relates to a situation where a person, who may or may not have leave to remain in the United Kingdom, has been convicted of a crime considered by the Secretary of State for the Home Department to be sufficiently serious to pose a danger to the public or in which the public interest requires this person to be removed from British society.
Deportation proceedings usually carry conflicting interests. On the one hand, the Government is pressing to remove someone it labels as a “foreign criminal” and, on the other hand, there is often a much deeper story to be told. Many of our clients come to us with deep-rooted ties to this country, either because they have been here for most of their lives or because they have developed family lives, often with British partners and British child.
More often than not, the job of the Tribunal Judge hearing a deportation case is to balance the competing interests mentioned above.
SMA Solicitors are ready to advise you in respect of the legal options you have open to you. Broadly speaking, the exceptions to deportation under the Immigration Rules (paragraphs 398, 399, and 399A of the Rules are):
- The individual has a genuine and subsisting parental relationship with a British child under the age of 18 or the child has lived in the United Kingdom for at least 7 years before the immigration decision and, in any case, it would be unduly harsh for the child to live in another country or remain in the United Kingdom without that parent;
- The individual has a genuine and subsisting relationship with a partner who is British or settled, that relationship was formed at a time when the individual was in the United Kingdom lawfully and their status was not precarious. In addition to this, you will need to show that it would be unduly harsh for your partner to live in the country you are being deported to or to live in the United Kingdom without you.
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