Anybody who is subject to immigration control officially declares that they accept the UK’s terms of residence/entry.
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They also declare that they understand that the Home Office is able to remove them from the UK through a process called deportation if they are convicted of criminal offences or, controversially, if the UK Government believes that they are not ‘conducive to the public good’.
Only non-British citizens can be deported and deportation affects those with criminal convictions or ‘bad characters’. If you are an over-stayer or have breached your visa conditions, you will normally be removed through a process called administrative removal.
What should I do if I am at risk of Deportation?
This is a very complex area of law and early preparation is the key. Having the assistance of an experienced immigration solicitor may literally make the difference between you being able to live life as you know it in the UK, or you being deported to where the Home Office considers ‘home’ should be.
You’ll get at least 3 days’ notice of being taken out of the UK.
You should be given information in your own language explaining your rights while you’re there. If you don’t receive this, you should ask for it.
it.Your rights include:
- having visitors, receiving post and telephone calls, using the internet
- applying for bail
- keeping your personal property
- communicating with the outside world – for example to tell people in your home country that you may be returning, contact a lawyer or send and receive documents about your case
- staying with your family, if they’re detained with you
Getting bail this means the government agrees that you won’t need to stay in detention. Your chances of getting bail are better if you or someone agrees to guarantee to pay money if you run away.
If you want to ask for bail, you can get free help from Bail for Immigration Detainees. This is a charity which provides legal advice to anyone held in detention in the UK. They make free applications to get asylum seekers and migrants released from detention. Their website also has self-help guides.
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