In short, yes you can 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.
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.
What is ILR?
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.
There will be instances where ILR will be revoked by the Home Office or invalidated following a deportation from the UK.
You will lose your Indefinite Leave to Remain status if you have been continually outside of the UK for 2 or more years.
Cases where deception, criminality, or lying are involved when acquiring settled status are likely to lead to a revocation of ILR status.
You may be able to re-enter the UK and get indefinite leave to remain by applying for a Returning Resident visa.
When can ILR be revoked?
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.
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.
Can you be deported if you have a child or spouse 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.
How can Newcastle Immigration Lawyers help?
The ILR applications tend to be very complex, and will require the help of an immigration specialist in processing a case.
Our legal professionals can determine if you may be able to apply for ILR and fill out a petition for your leave of absence.
In addition, we will examine the document checklist together and make sure you have everything needed to support your application.
Our immigration professionals have specialised in immigration law across Britain. Their knowledge is able to assist thousands of applicants with the best ILR application possible – ensuring success for their application.
Here at Newcastle Immigration Lawyers, we are passionate about the work we do. We can help you to prepare all your documents for Indefinite Leave to Remain with our application package.
One of our specialist immigration lawyers will provide the most up-to-date and accurate Indefinite Leave to Remain guidance for 2022 and support with your portfolio of evidence.
Our lawyers will take the time to understand your circumstances and prepare a document checklist for you, containing all the information which you will need to provide.
They will help you to source this information, before submitting it in its proper form to the Home Office, ensuring your documents adhere to all necessary administrative standards.
They will also complete your Indefinite Leave to Remain application form and submit the full application to the Home Office.
We are confident in saying that we will maximise your chances of securing ILR status in the UK. We can also assist with British citizenship and British passport applications.
Call our friendly legal team now on 0191 303 8965 to find out more about our specialist ILR application package.
Last modified on July 7th, 2022 at 8:51 am
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