Deportation in the UK refers to the formal process where a non-British citizen is required to leave the country, typically as a result of a serious criminal conviction or if the Home Secretary deems their presence not conducive to the public good. Removal, on the other hand, is the administrative process used to expel individuals who do not have legal permission to remain in the UK, such as those who have overstayed their visa, entered the country illegally, or breached the conditions of their stay.

What Is the Legal Basis for Deportation and Removal in the UK?

The legal basis for deportation is primarily found in the Immigration Act 1971, specifically sections 3(5) and 3(6), and in certain cases, the UK Borders Act 2007, particularly section 32, which provides for automatic deportation following certain criminal convictions. The legal basis for removal is set out in section 10 of the Immigration and Asylum Act 1999 (as amended), which allows for the administrative removal of individuals who do not have valid leave to remain.

What Are the Key Distinctions Between Deportation and Removal?

The main distinction between deportation and removal lies in the grounds and procedures. Deportation is a formal process, often following a criminal conviction or a decision that the person’s presence is not conducive to the public good. It involves a deportation order and is generally more difficult to challenge. Removal is an administrative process targeting those without valid immigration status, and although it can be challenged, the rights to appeal are more limited. Deportation typically results in a longer or even indefinite re-entry ban, whereas removal is associated with shorter bans, depending on the circumstances.

What Factors Lead to Deportation?

Deportation is generally pursued when a non-British citizen has been convicted of a criminal offence and receives a custodial sentence that meets the threshold for automatic deportation under the UK Borders Act 2007. The Home Secretary may also order deportation if it is considered conducive to the public good, which can include cases involving serious criminality or threats to public safety. Additionally, a court may recommend deportation following a criminal conviction, and family members of a person subject to deportation may also be included in a deportation order.

What Factors Lead to Removal?

Removal, often referred to as administrative removal, occurs when a person does not have legal permission to remain in the UK. This includes individuals who have overstayed their visa, entered the UK illegally, breached the conditions of their leave, or obtained leave by deception. Removal also applies to those whose asylum or immigration applications have been refused and who have no further right to appeal.

What Are the Re-entry Bans Following Deportation and Removal?

If a person is deported from the UK, they are usually subject to a re-entry ban of at least 10 years. In practice, the deportation order remains in force indefinitely and must be formally revoked before the individual can return, regardless of how much time has passed.

For those who have been removed (administrative removal), the length of the re-entry ban depends on the circumstances of their departure:

• If the individual left the UK voluntarily at their own expense, the re-entry ban is typically 12 months.
• If they left voluntarily at public expense within six months of being notified of their liability to removal, the ban is two years.
• If they left voluntarily at public expense more than six months after notification, or as a condition of a caution, the ban is five years.
• If they were forcibly removed at public expense, or if they used deception in their application, the re-entry ban is ten years.

What Are the Long-term Effects of Deportation and Removal?

The long-term effects of deportation or removal from the UK can be significant. Legally, individuals are barred from returning to the UK for the duration of their re-entry ban, and in the case of deportation, until the deportation order is formally revoked. This prevents them from reuniting with family, seeking employment, or pursuing studies in the UK.

On a personal level, deportation or removal can lead to lasting separation from family members, loss of income and housing, and considerable emotional distress. The stigma and trauma associated with being removed from the UK can affect mental health and make it difficult to rebuild a stable life elsewhere. Children and other dependants may suffer from anxiety, depression, and uncertainty about their future.



Given the complexity and serious consequences of both deportation and removal, it is essential for anyone facing these actions to seek prompt professional legal advice to understand their options and protect their rights. Contact us at 0203 865 6219 or leave a message for expert legal advice on deportation and removal from the UK, or any other personal or business immigration matter.