Full List: UK Exempts 3 Categories of People from Deportation
- The UK Home Office updated its deportation caseworker guidance, clarifying which categories of people are protected from removal
- British citizens are fully exempt from deportation, while Irish citizens can only be deported under exceptional circumstances involving serious offences
- The guidance also outlines protections for certain Commonwealth citizens who were resident in the UK on 1 January 1973
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The UK Home Office published updated caseworker guidance setting out the rules around deportation on conducive grounds, and within it, three categories of people who cannot routinely be removed from the country.
The guidance, version 8.0, was issued by UK Visas and Immigration and covers deportation powers under the Immigration Act 1971 and the UK Borders Act 2007.
Source: UGC
Who Cannot Be Deported From the UK
The first and most straightforward category is British citizens. The deportation framework applies only to non-British nationals, meaning British citizens are fully outside the scope of any deportation order.
The second category covers Irish citizens. The UK does not routinely deport Irish nationals.
A Written Ministerial Statement from 19 February 2007 established that Irish citizens will only be considered for deportation in one of two circumstances: where a court has specifically recommended deportation as part of sentencing, or where the Secretary of State concludes that exceptional circumstances make deportation necessary in the public interest.
Even then, cases involving deportation of Irish citizens are expected to involve the most serious offending, such as terrorism, murder, or serious sexual or violent offences, typically with a custodial sentence of 10 years or more.
The third category covers certain Commonwealth and Irish citizens who were lawfully resident in the UK on 1 January 1973. Section 7 of the Immigration Act 1971 provides a specific exemption from deportation for this group.
When the UK Can Deport Foreign Nationals
For everyone else, the threshold for deportation is clearly defined. The government will pursue deportation on criminality grounds where a person has received a custodial or suspended sentence of 12 months or more for a single conviction, has caused serious harm through an offence, or is considered a persistent offender.
Deportation may also be pursued in cases involving national security, gun crime, serious drug offending, sham marriages, or where there is strong circumstantial evidence that someone's presence in the UK poses a serious risk of harm, regardless of the length of any sentence received.
UK mentions long-term visa route for foreign graduates
Meanwhile, Legit.ng previously reported that UK government posted a publication about different visa applications and their duration for applicants.
Graduate visa allows foreign graduates to remain in the country for at least 18 months after completing an eligible degree.
Source: Legit.ng
