Deportation
Defending your right to remain in the UK
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Defending your right to remain in the UK
If you have received a notice of deportation from the Home Office, you do not have to face it alone. At Archway Migration Advisory, we provide specialist advice and representation for clients at risk of removal from the UK following a criminal conviction. We combine legal expertise with a human approach to protect your rights and build the strongest possible case.
Understanding Deportation Law
UK law creates a duty to deport certain foreign nationals who have committed serious offences. This duty is found under the UK Borders Act 2007 and applies to non-British (non-Irish) citizens who have received a criminal sentence of 12 months or more.
Key points:
Serious offenders (4+ years’ imprisonment): Will be deported unless there are very compelling circumstances that outweigh the public interest.
Medium offenders (1–4 years’ imprisonment, or persistent offenders / serious harm): Will be deported unless they meet one of the legal exceptions or show very compelling circumstances.
Low-level offenders (under 12 months): Are not automatically deported, but may still be removed if the Home Office deems it conducive to the public good.
Exceptions to Deportation
You may avoid deportation if you can demonstrate one of the following:
Private Life Exception
- Lawfully resident in the UK for most of your life
- Socially and culturally integrated in the UK
- Would face significant obstacles to reintegration in your country of origin
Family Life Exception
- Genuine and subsisting parental relationship with a British child or a child resident in the UK for 7+ years
- Deportation would be unduly harsh for the child
- OR genuine and subsisting relationship with a settled partner, and deportation would be unduly harsh for the partner to relocate
Very Compelling Circumstances
- Factors so strong they outweigh the public interest in deportation, e.g. serious medical conditions, long UK residence from childhood, or exceptional humanitarian grounds
The Deportation Process
- Notice of intention to deport — The Home Office notifies you that it intends to remove you.
- Representations and Human Rights Claim — You can submit legal representations challenging the decision, usually based on Article 8 ECHR (family and private life) or protection grounds.
- Deportation Order issued — If refused, a deportation order is made. You may be detained while awaiting removal.
- Appeals and Judicial Review — You may have a right of appeal, or be able to challenge the lawfulness of the decision by judicial review.
How Archway Migration Advisory Can Help
We provide a full range of services to support your case, including:
- Initial assessment of your immigration status, convictions, and potential exceptions
- Preparation of detailed legal representations raising human rights and protection arguments
- Gathering evidence including witness statements, expert reports, and supporting documents
- Appeals and judicial review if your human rights claim is refused
- Bail and detention support where removal is imminent
Our solicitor-led approach ensures your case is handled with precision, urgency, and compassion.
Visual Guide — Deportation Rules
Include a branded diagram (like the Global Talent 2-Stage diagram) that shows:
- Serious offender (4+ years) — will be deported unless very compelling circumstances
- Medium offender (1–4 years) — will be deported unless private life, family life, or very compelling circumstances apply
- Low-level offender (<12 months) — no automatic deportation but may be deported if conducive to public good
Why Choose Archway Migration Advisory
- Specialist knowledge of deportation law and human rights defences
- Experience with complex and high-stakes cases including vulnerable clients and serious offences
- Compassionate, strategic representation focused on protecting your future in the UK
- Fixed fees and transparent advice, so you know where you stand
Book a confidential consultation today to discuss your case.