Overview of Removal from the UK
Removal from the UK is an immigration enforcement process used where a person does not have a valid legal basis to remain in the country. It is different from deportation, which generally involves a deportation order and a separate legal framework.
A person may become liable for removal after their visa or other immigration permission expires, following refusal of an immigration application, after an unsuccessful protection claim or where the Home Office considers that they have breached UK immigration law.
Removal can be voluntary or enforced. The Home Office also operates processes for voluntary and assisted departure in appropriate cases.
When Can Removal Take Place?
The circumstances leading to removal vary from case to case.
A person may be liable to removal where they have remained in the UK without valid permission, have overstayed, have breached immigration conditions or have had an application refused and have no remaining right to stay.
Removal may also follow the conclusion of an unsuccessful asylum, protection or human rights case.
The Home Office may make arrangements for an enforced return where a person does not leave voluntarily. Current Home Office guidance distinguishes enforced returns from voluntary returns and port returns.
Removal Notices and Enforcement Action
The Home Office has procedures for notifying individuals of enforcement and removal arrangements.
Depending on the circumstances, this can involve a notice of liability to remove, notice of intention to remove and information concerning departure arrangements. Current Home Office guidance also sets out specific provisions concerning notice periods, detention, bail, deportation and judicial review.
It is important not to ignore correspondence from the Home Office. A notice may contain a deadline or explain what legal options are available.
Voluntary and Assisted Departure
Not every departure is enforced.
The Home Office operates the Voluntary Returns Service, through which eligible individuals may receive assistance with leaving the UK. Voluntary departure is an umbrella term covering departures that are not enforced, while assisted departure can involve additional support for people with particular needs or circumstances.
Choosing voluntary departure can have immigration consequences, including potential re-entry restrictions, so the implications should be considered before arrangements are made.
Can Removal Be Challenged?
In some cases, removal may be challenged where there is a legal basis to do so.
The appropriate route depends on the circumstances. This could include an immigration appeal, further submissions, a human rights claim, an administrative process or judicial review.
A person may have new evidence that was not previously considered. There may also be circumstances involving family life, private life, protection concerns or other legal barriers to removal.
However, simply disagreeing with a Home Office decision does not automatically create grounds for judicial review. Judicial review is concerned with the lawfulness of a decision or process rather than providing a general appeal on the merits.
Removal and Human Rights
Before removal takes place, any relevant legal barriers should be properly identified.
For some individuals, removal may raise issues under Article 3 or Article 8 of the European Convention on Human Rights. The circumstances will determine which rights are engaged and how the claim should be presented.
Family relationships in the UK can be important, particularly where removal would affect a spouse, partner or children. Private life, length of residence and other personal circumstances may also be relevant.
Protection claims can raise separate issues where an individual argues that returning to their country would expose them to persecution or serious harm.
Removal While a Legal Challenge Is Pending
Whether a legal challenge prevents removal depends on the type of decision, the legal route being used and the person’s procedural position.
A pending application does not necessarily prevent removal in every situation. It is therefore important to establish whether there is a legal basis preventing removal and whether any further action is required.
Where removal directions have been issued, urgent advice may be necessary.
Our Removal Advice
We can review Home Office correspondence and assess the legal basis for removal. Where appropriate, we can advise on appeals, human rights claims, further submissions, judicial review or other available options.
We can also assist where removal is connected with detention or immigration bail.