Deportation

Revoking a deportation order

National law firm Solicitors representing clients across the UK

On this page
  1. When revocation is considered
  2. What the Home Office considers
  3. If refused
  4. What we do
  5. Ask a question

A deportation order stays in force until it is revoked. While it is in force you cannot enter the UK and any leave you hold is invalidated. You can apply to revoke it from outside the UK, and in limited cases from inside.

When revocation is considered

The Immigration Rules say a deportation order will normally be kept in place for at least ten years after removal where the sentence was less than four years, and will not normally be revoked where the sentence was four years or more unless there are very compelling circumstances. Earlier revocation is possible where:

  • there has been a material change of circumstances, such as a British child or partner, or a change in the law;
  • the person's circumstances now engage human rights obligations, for example a protection claim;
  • the passage of time means the public interest in maintaining the order has lessened.

What the Home Office considers

The seriousness of the offence and sentence, conduct since, time elapsed, family and private life in the UK, and any risk on return. The application is in substance a human rights claim, so the evidence has to meet the same tests as a deportation appeal.

If refused

A refusal of a human rights claim made in a revocation application carries a right of appeal, usually heard while you remain abroad; we represent clients at those hearings. Where the Home Office declines to treat the application as a human rights claim, judicial review may be the route.

What we do

We assess realistically whether revocation can succeed now or whether it is better to wait and build the evidence, then prepare the application and any appeal. We act for clients worldwide by video and secure upload.

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