Vanguard Solicitors

A person who has been served with a notice of intention to deport can appeal against such notice within 5 working days from the date of receipt of such notice. The notice of appeal must be filed with the First Tier Tribunal where the Immigration Judge will hear the appeal and decide whether or not the deportation is in accordance with the law.

According to the Immigration Rules, a deportation order will not be made if the person’s removal pursuant to the order would be contrary to the UK’s obligations under the Refugee Convention or the Human Rights Convention. Where deportation would not be contrary to these obligations, it will only be in exceptional circumstances that the public interest in deportation is outweighed.

The deportation of a person can be challenged on the grounds that:

  • the person has a genuine and subsisting parental relationship with a child under the age of 18 years who is in the UK, and
    1. the child is a British Citizen; or
    2. the child has lived in the UK continuously for at least the 7 years immediately preceding the date of the immigration decision; and in either case
      • it would not be reasonable to expect the child to leave the UK; and
      • there is no other family member who is able to care for the child in the UK; or
  • the person has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with refugee leave or humanitarian protection, and
    1. the person has lived in the UK with valid leave continuously for at least the 15 years immediately preceding the date of the immigration decision (discounting any period of imprisonment); and
    2. there are insurmountable obstacles to family life with that partner continuing outside the UK; or
  • the person has lived continuously in the UK for at least 20 years immediately preceding the date of the immigration decision (discounting any period of imprisonment) and he has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK; or
  • the person is aged under 25 years, he has spent at least half of his life living continuously in the UK immediately preceding the date of the immigration decision (discounting any period of imprisonment) and he has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

Where the appeal against the deportation notice is successful on the grounds that the deportation will be be in breach of the UK's obligation under Article 8 of the ECHR, he may be granted leave to remain for a period not exceeding 30 months. Such leave shall be given subject to such conditions as the Secretary of State deems appropriate. Such person may be granted an extension of stay for further period of 30 months if an extension of stay is sought before the expiry of such leave.

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Our solicitors will hold your hands throughout the process, liaising with all relevant government bodies, including UK Visas and Immigration, British Consulate, overseas agents and where necessary the courts.

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