Removal, Deportation and Detention in the UK

A person can be removed from the UK if they do not have valid immigration status. Under the Immigration Act 1971, a person who is subject to immigration control must hold valid permission or leave to enter or remain in the UK. If they do not, they may be liable to removal. Read about immigration permission in the UK. 

This includes people who never had leave, whose leave has expired, or whose leave has been curtailed.

Removal and deportation are two different legal processes. They are often confused, but they apply in different situations and have different consequences.

Deportation is used where the Home Office considers that a person’s removal is conducive to the public good. 

Contrary to popular belief, the UK already looks to deport those with criminal sentences. Under the UK Borders Act 2007, a person who receives a custodial sentence of 12 months or more faces automatic deportation from the UK.

Deportation is commonly linked to criminal offending, because that is the most common use for deportation. However, the Home Office can also deport someone based on public‑good grounds even where no criminal conviction exists.

Deportation differs from administrative removal because a deportation order is made against the person. This remains in force indefinitely, placing an automatic ban on the person re‑entering the UK. If the person wants to apply to return to the UK, they must apply to have the deportation order revoked. Revocation applications are not usually considered until at least 10 years have passed. Challenging a deportation order can be difficult. It may be possible to challenge the order on private or family life (Article 8) grounds. However, a person facing deportation must meet a higher threshold before their Article 8 rights outweigh the public interest in their deportation. Specialist legal advice should be sought in these situations.

Administrative removal applies in cases that do not involve criminality or public‑good grounds. This includes where someone is undocumented or lacks valid permission to stay in the UK. This is known as administrative removal, and it is not the same as deportation.

To prevent removal, a person can seek to regularise their stay. This often involves applying on the basis of private life or family life (Article 8) grounds. People challenging an administrative removal, who are not facing deportation, do not face the same strict Article 8 restrictions in cases of deportation. However, applications are still complex. 

If you have received a Notice of Liability to Removal, this means the Home Office has informed you that you may be removed from the UK. You should seek legal advice as soon as possible to regularise your stay. Not having a pending immigration application means you are more likely to be detained pending removal from the UK.

People who are liable to removal may also be placed on reporting conditions, requiring them to attend scheduled reporting appointments at a designated Home Office location. Reporting conditions do not prevent detention; a person who is liable to removal is also liable to be detained.

People without valid immigration permission in the UK can be liable to detention. Detention is used to hold a person with a view to removing them from the UK, either through administrative removal or deportation.

Individuals who are detained are issued a Notice of Detention. There is no set time‑limit on how long someone can be detained under UK immigration law. However, the Home Office can only detain someone where removal is being actively pursued and there is a realistic prospect of removal within a reasonable period. 

In general, people can only be detained if the Home Office is taking steps to remove them from the UK. If someone has grounds to remain in the UK and is able to make an immigration application, this can act as a barrier to removal while the application is considered.

In these circumstances, a person may apply for immigration bail, because detention cannot be justified if removal is not realistically achievable within a reasonable period.

If there are other factors that would cause a delay to removal, such as medical grounds or practical issues, these can also be relevant when applying for bail.

Voluntary assisted return is a Home Office scheme offered to people who choose to leave the UK voluntarily. The scheme may offer assistance with travel arrangements or covering travel costs. 

Be mindful that leaving the UK through an assisted return can affect future applications to re‑enter the UK, particularly if a person was in the UK without permission to stay. This is because the return is funded at ‘public expense’ and the Home Office may apply a re‑entry ban. The length of the ban depends on multiple factors, including the length of overstaying and whether the person left at public expense.