Immigration legislation makes it possible for a foreign national to receive a deportation order, even if they have already secured a visa. Not only does deportation mean the individual will have to leave the country, but they can also be held in custody until they are removed.
Of course, deportation is a critical matter, and something serious must have occurred for someone to be issued with such an order. In general, there are three main reasons why an individual may face the prospect of being deported.
Firstly, if a foreign national has been convicted of a criminal offence and is over the age of 17 years old, they face being deported if this conviction carries a prison sentence. This is not a guarantee. However, in a lot of cases, the judge at the court where the sentencing was carried out will advise that the individual is deported back to their home after they have served their sentence. This is why you always need to hire experienced criminal lawyers if you’re facing this prospect.
Another reason why you may find yourself facing deportation is if someone close to you is also the subject of a deportation order, such as your child, civil partner, or spouse. This highlights why it is vital to ensure that all members of your family have the correct visa, otherwise you can all be impacted.
Last but not least, another reason deportation orders are issued is that the Secretary of State believes that removing the foreign national is in the interested of the public good. This often applies to those that have made large offences, such as carrying out terror attacks or intending to do so.
Exemptions To Automatic Deportation
A deportation order requires a foreign national to leave the country. This person will need to remain in detention until they are removed. This is different from a removal, whereby individuals receive a Removal Notice from the Secretary of State informing them that they have to leave. Therefore, read on to discover more about deportation orders and how to stop the deportation.
A deportation order can be served to any foreign national in the country, irrespective of whether they hold a valid visa. From your family being deported to being convicted of a criminal offence, there are many different reasons why you may find yourself being deported from the country. However, there are some exceptions in place in regards to the automatic deportation.
Firstly, those with mental health problems will be exempt. Aside from this foreign criminals are exempt if they fulfil one of the following three criteria – they are an EEA citizen, they are the immediate family of an EEA citizen, or they were under the age of 18 years old on the date of their conviction. Aside from this, you may be able to raise a claim for Asylum, or you can claim under the Human Rights Act 1998. Therefore, as you can see, there are ways for you to stop yourself being deported from the country, and the best way to ensure you adopt the right approach is to use the services of quality immigration solicitors.
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