If you are not a British or Irish citizen and you are sentenced to 12 months or more in prison, the Home Office must make a deportation order against you unless an exception applies. Shorter sentences and some non-custodial outcomes can still lead to deportation on the ground that it is conducive to the public good. Acting early, while the sentence is being served, gives the best chance.

The stages

Notice of liability to deportation, usually served in prison, inviting representations within a set period.
Representations setting out why an exception applies: a protection claim, a human rights claim (family or private life), or the other statutory exceptions such as being under 18 at conviction or being a long-term EU resident with protected status.
Decision: a deportation order with a refusal of the human rights or protection claim, which carries a right of appeal.
Detention and removal: at the end of the sentence you may be held under immigration powers; bail can be applied for, and removal can be challenged.

The early removal scheme and facilitated return

Foreign national prisoners can be removed before the end of the custodial term under the early removal scheme, and may be offered the facilitated return scheme with a payment. Accepting a return has consequences for any later application; take advice before agreeing to anything.

What makes a difference

Family life with a British partner or child, length of residence (especially if you came as a child), evidence of rehabilitation, and any risk on return. The tests are strict and set out on our deportation appeals page. The sentence length decides which test applies, so the position must be assessed against the actual sentence, not the offence.

What we do

We visit or video-call clients in prison and detention, prepare representations before the decision is made, and run the appeal. Legal aid may be available for protection claims and under exceptional case funding for some human rights claims.

If it is urgent

Detention, removal directions and short deadlines are dealt with the same day. Call 0161 222 5860 and say it is urgent; outside office hours leave a message with the detainee's name, where they are held and any reference numbers, and we will call back.