Can You Be Deported If You Have Indefinite Leave to Remain (ILR) in the UK?

It is possible to be deported even if you hold ILR status. The Home Office reserves the right to deport anyone who does not serve the best interest of the UK, and can revoke an ILR status.

The Home Office will only revoke a status if they have sufficient and justified reasoning.

Holding ILR status is highly sought after, as it enables non British citizens to live and work in the United Kingdom exempt from immigration rules.

It is important that you know your rights as someone who is seeking ILR, already holds ILR, or is facing deportation due to any circumstance.

The potential next steps depend on personal circumstances but may include:

• Challenging the deportation order through appeal or judicial review
• Applying for fresh leave after revocation of the order,
• Considering voluntary departure and re-entry via the appropriate visa route, including the Returning Resident visa for those who previously held ILR.

Newcastle Immigration lawyers are here to help, whether by guiding you through your application for ILR, supporting your appeal, or even answering queries you have about the process.

Call us on 0191 303 8965 or contact us online.

ILR (Indefinite Leave to remain) means that a non-British citizen can enjoy the freedoms and rights of a UK citizen.

Benefits include access to healthcare, to live and work in the UK exempt of visa restrictions, and to settle with your family in the UK community among many other benefits.

Section 76 of the Nationality, Immigration and Asylum Act 2002 authorises the Secretary of State to revoke indefinite leave to enter or remain in certain circumstances.

If ILR is revoked under s. 76(1) (where deportation is legally barred), the person will be granted limited leave to remain, so they do not become immediately unlawful.

If revocation is under deception (s. 76(2)) or cessation (s. 76(3)), once ILR is revoked, the person becomes liable to removal unless they have another basis to stay (e.g. human rights claim).

Cases where deception, criminality, or lying are involved when acquiring settled status are likely to lead to a revocation of ILR status.

Indefinite leave to remain in the UK can be revoked under the following circumstances:

• The individual is at risk of deportation or administrative removal but cannot be deported
• The individual has deceptively obtained leave
• The individual no longer holds refugee status
• The individual has resided outside the UK for over two years

Individuals who do not hold leave to remain in the UK may be forcibly removed by immigration officials.

If an individual who does not hold British citizenship is convicted of a crime in the UK, they can also be forcibly removed and deported from the UK by immigration officials, at the discretion of the Home Secretary.

This will most likely happen after serving a criminal sentence in a UK prison.

Appeals are not always guaranteed and can only be made on the grounds of a human rights claim being refused.

Under the European Convention on Human Rights, you may be eligible to apply to revoke the order providing that you demonstrate you are acting under genuine human rights reasons, for instance family, private life, or seeking asylum.

Deportation is a serious matter, and means you are legally unable to enter the country for at least 10 years depending on the severity of your case.

Revocation of a Deportation Order

A deportation order can be revoked but this only usually happens when you are outside of the UK.

The Home Office may decide to revoke a deportation order for the following reasons:

• Human rights arguments (for example, right to family or private life in the UK)
• Refugee Convention protection
• Strong compassionate or family circumstances
• The public interest (e.g. risk to public safety, seriousness of offences)
• If an appeal  was successful

To request revocation you must submit an application or make the request as part of an entry clearance application to return to the UK

If the revocation granted that you may return to the UK but it does not restore any previous immigration status, including ILR so you would need to reapply for permission to live, work or study in the UK.

Being issued with a deportation order is a very serious issue and if you intend to challenge the order, you must act immediately as there is a strict time limit imposed on these orders.

There are different processes for EU citizens and non-EEA citizens issued with deportation orders.

Engaging the services of an immigration lawyer is the best way to challenge the order and maximise the chance of it being revoked.

We will work with you immediately and discuss your case in full. We provide comprehensive and confidential advice on your situation and we can advise you on the range of options available to you.

Your child and/or spouse also face deportation if you have been issued with a deportation order.

This is unless your child or spouse independently hold ILR  or if they have been living apart from you.

It may be possible to submit an appeal against your deportation order if you can make a compelling argument based on the right to family life.

Newcastle Immigration lawyers are qualified to assist you in appealing a deportation case, and will help you build a compelling argument that will hold up legally.

If your ILR has been lost, you may be able to return under the Returning Resident visa route. To qualify, you must:

• Have previously held ILR in the UK.
• Intend to make the UK your permanent home.
• Demonstrate strong ties to the UK (e.g., family, property, work history).

The Home Office will assess evidence of your former ILR status, the reasons for your long absence, and whether your current circumstances indicate genuine resettlement in the UK.

Your child and/or spouse also face deportation if you have been issued with a deportation order.

This is unless your child or spouse independently hold ILR  or if they have been living apart from you.

It may be possible to submit an appeal against your deportation order if you can make a compelling argument based on the right to family life.

Newcastle Immigration Lawyers are qualified to assist you in appealing a deportation case, and will help you build a compelling argument that will hold up legally. Call us today on 0191 303 8965 for more information.