Author: Kash Legal Services

What is deportation order and when is it made?

A deportation order is made on the grounds that the deportation of the person is conducive to the public good.

Deportation of EEA citizens and their family members on public policy, public security or public health grounds is set out in the EEA Regulations 2016.

What is the effect of deportation order?

A deportation order invalidates any permission to enter or stay in the UK and prevents the person from returning to the UK while the deportation order is in force.

Where deportation is being considered and the person has made a claim under Article 8 of the Human Rights Convention, that claim will be considered in line with the provisions under this Part.

What happens if the deportation order is a breach of personal right?

Where deportation would be a breach of a person’s rights under the Human Rights Act 1998, they may be granted permission to enter or stay in the UK for a temporary period.

A deportation order will not be made if the foreign national’s removal from the UK pursuant to the order would be contrary to the UK’s obligations under the Refugee Convention or the Human Rights Convention. The foreign national can challenge their decision in the Court or Tribunal explaining why he should be allowed to stay in UK or apply for asylum

What are the grounds for deportation?

A foreign national, who is not an Irish citizen, is liable for deportation where:

1. (a) they have been convicted of a criminal offence for which they have received a custodial sentence of at least 12 months; or
2. (b) the Secretary of State otherwise considers that the deportation of the foreign national is conducive to the public good; or

(c) they are the spouse, civil partner or child aged under 18 of a foreign national who is, or has been ordered to be, deported

What are exceptions to deportation?

According to section 13(2)(1) of the Act, where a foreign national has been convicted in the UK or overseas and received a custodial sentence of at least 12 months; has been convicted of an offence that has caused serious harm; or is a persistent offender, the public interest requires the foreign national’s deportation unless:

(a)the private life exception in paragraph 13(2)(3), or the family life exception in paragraph 13(2)(4), is met; or

(b) there are very compelling circumstances such that removal would be contrary to the Human Rights Act 1998.

13(2)(2) states that a foreign national, who has received a custodial sentence of at least 4 years, must show very compelling circumstances over and above the exception in paragraph 13(2)(3). or 13(2)(4) for deportation to be a breach of Article 8 of the Human Rights Convention

At KASH LEGAL SERVICES, we understand complexities of UK immigration process and committed guiding through every step. We work tirelessly to ensure your immigration experience is as smooth and stress free as possible. To arrange free consultation please feel free to call on 01144000340 or Email info@kashlegalservices.co.uk or visit our website www.kashlegalservices.co.uk.

The information presented in this article is intended solely for providing general knowledge and understanding of the subject matter. It should not be considered as legal advice. Laws and regulations can vary significantly depending on your jurisdiction and individual circumstances.

All those intending to make United Kingdom home wishes to become British Citizen so they can live without restriction which may would have been imposed under the British Nationality Act 1981. To get straight to the point, this document intending to assist to understand the process applicant wishes to apply for British Citizenship.

All the legal provisions relating with British citizenship are set out in the British Nationality Act 1981, however the Home Secretary may exercise discretion to naturalize, blow is the list of mandatory requirements to in accordance with above Act.

Step1: In some instances, you may lose your current nationality as some countries do not allow you to hold dule citizenship, check whether you could hold dule citizenship or willing to give up your existing nationality.

Step 2: Married or Not married.

As there are different avenue to qualify as British Citizen therefore requirement will depend on your circumstances such as you are married or in civil partnership, If you are married then you would make application in accordance with British Nationality Act 1981 section 6 (2). If you are not married, you would have to meet the requirement under the Section 6(1) of British Nationality Act1981.

Section 6 (1).

· Are aged 18 or over when you apply

· Are of sound mind, so that you understand the step you are taking

· Are married to or the civil partner of a British citizen on the date of application

· Are married to or the civil partner of a British citizen on the date of application

· Are married to or the civil partner of a British citizen on the date of application

· Must be free from immigration time restrictions on the date of application

· Must be free from immigration time restrictions on the date of application

· Must not have had more than 270 days outside the UK in the 3-year period before making the application (but see the section on Absences from the UK)

· Must not have had more than 270 days outside the UK in the 3-year period before making the application (but see the section on Absences from the UK)

· Must not have had more than 270 days outside the UK in the 3-year period before making the application (but see the section on Absences from the UK)

· Have passed the Life in the UK test

· Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable level

· Are of good character

Section 6 (2).

· Are aged 18 or over when you apply

· Are aged 18 or over when you apply

· Have lived in the UK for a minimum of 5 years before you apply

· Must have been physically present in the UK (including the Isle of Man or the Channel Islands) on the day 5 years before the application is received by the Home Office

· Must not have been in breach of the immigration laws in the 5-year period before making your application. We may assume you meet this requirement without making further enquiries if you have been granted indefinite leave to enter or remain in the UK

· Must be free from immigration time restrictions on the date of application and for the 12-month period before making the application

· Must not have had more than 450 days outside the UK in the 5-year period before making the application (but see the section on Absences from the UK)

· Must not have had more than 90 days outside the UK in the 12-month period before making the application (but see the section on Absences from the UK)

· Intend to continue to live in the UK, or to continue in Crown service, the service of an international organization of which the UK is a member, or the service of a company or association established in the UK

· Have passed the Life in the UK test

· Have passed the Life in the UK test

· Are of good character.

For further information please visit www.kashlegalservices.co.uk or contact us info@kashlegalservices.co.uk

Here are 5 reasons why you might need an UK immigration lawyer to represent you in your immigration matter. It is important to note specific need for immigration lawyer may vary depending on the complexity of each case. However an immigration lawyer can help you to maximize chances of success either intending to entre or remain in the UK.

1. Complex immigration laws: Top reason you may need UK Immigration lawyer is because UK immigration law is fastest changing law in the UK, immigration law and immigration rules change so frequently are often complex and can be difficult to navigate without having reasonable legal expertise. Failure to observe relevant law can have legal and cost consequences and as well as can have impact on your ability to stay in the UK. An immigration lawyer with in-depth knowledge of these laws and can assist you understand your rights, obligations, and options within the legal framework of UK immigration law.
2. Changing regulations and policies: As mentioned above, Immigration laws and policies does change frequently. An immigration lawyer stays updated on these changes and can guide you through any new regulations that may affect your case. They can ensure that your application is prepared in accordance with the latest requirements which could otherwise can have adverse impact on leave to entre or remain in UK. Immigration lawyer will make whole process stress free and maximize your chances of success.
3. Legal expertise and experience: Immigration lawyers often goes through a lot of training and face strict accountability, therefore reasonable to expect immigration lawyer specialize in immigration law have extensive knowledge and experience in handling immigration cases day to day basis. They would have understanding of the legal procedures, documentation requirements, and potential challenges that may arise. With their expertise, they can help you navigate the legal system more effectively and efficiently. As each immigration case is unique, and therefore required personalized attention to your specific circumstances. They can assess your case, identify potential issues or weakness and develop a tailored strategy to maximize your chances of success.
4. Document preparation and submission: documents plays significant part in Immigration applications often visa application would require extensive documentation, such as forms, supporting evidence, and legal arguments. An immigration lawyer can assist you in preparing and organizing these documents, ensuring they are accurate, complete, and presented in the best possible way to support your case.
5. Support and guidance: Often clients find the immigration process can be stressful and emotionally challenging. An immigration lawyer can provide you with support, available to answer your questions, and guide you through each step of the process. They can alleviate some of the burdens and uncertainties associated with immigration matters.

[14:12, 06/07/2023] Kash Legal Services: Kash legal services offering cost-effective, quality legal services in matters concerning UK immigration. We understand the field and the needs of our customer and, at all times, seek to provide them with the advice and support they require.

www.kashlegalservices.co.uk