UK Mentions 3 Reasons Deportation Order Against Foreigners Can Be Revoked
- The UK Home Office outlines specific conditions under which a deportation order against a foreign national can be reconsidered
- The length of a prison sentence a foreigner received plays a key role in determining which grounds for revocation apply to their case
- Foreign nationals who were deported without a criminal conviction also have a separate pathway to apply for revocation of their order
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The United Kingdom's Home Office has set out three circumstances under which a deportation order issued against a foreign national may be revoked, offering a potential lifeline to those who have already been removed from the country.
According to the UK's official immigration rules, a deportation order remains in force until it is either formally revoked or quashed by a court or tribunal.
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Foreign nationals who wish to challenge their deportation are generally expected to apply for revocation from outside the UK after they have already been removed.
3 reasons UK deportation may be revoked
The route available to a deported person depends heavily on whether they were convicted of a criminal offence and, if so, how long a sentence they received.
1. For those convicted and sentenced to less than four years in prison, revocation is possible if the person can demonstrate that their private or family life in the UK meets the protections set out under Article 8 of the Human Rights Convention. Alternatively, they may argue that refusing to revoke the order would amount to a breach of that same article.
2. The bar is considerably higher for individuals who received a sentence of four years or more. In those cases, the only available ground is proving that there are very compelling circumstances which would make it a breach of Article 8 not to revoke the order.
3. A third ground applies regardless of sentence length: where refusing to revoke the deportation order would be contrary to either the Human Rights Convention or the Refugee Convention.
Separate route for non-criminal deportations
The immigration rules also make provision for foreign nationals who were deported on public interest grounds rather than as a result of a criminal conviction.
In such cases, a deportation order may be revoked if there has been a material change in the circumstances that originally led to the decision to deport.
It is important to note that having a deportation order revoked does not automatically grant the right to return to the UK. It simply means the individual becomes eligible to apply for entry clearance or permission to enter or remain, and such an application may still be refused.
Legit.ng has also published residency years for foreigners who want to become Qatari citizens.
Citizenship: Australia mentions residency years for foreigners
Meanwhile, Legit.ng previously reported that Australia's Department of Home Affairs outlined the residence requirement foreigners must meet before applying for citizenship.
Applicants must have lived in Australia on a valid visa for a number of years before the date they apply for citizenship.
The rules also specify how much time applicants are allowed to have spent outside Australia during that period.
Source: Legit.ng
