A person who has been convicted for an offence for which he has been sentenced to a period of imprisonment of at least 12 months or more can make representations to the Home Office UKVI giving reasons and arguements as to why he should not be served with a notice of deportation. The legal representations can be made after the foreign offender has been served with a letter requiring him to disclose all the reasons as to why a deporation order should not be made against him.

Grounds For Not To Be Deported From The UK

The representations to the Secetary of State for the Home Department (SSHD) will mainly be based on the grounds of his private and family life in the UK under Article 8 of the European Convention on Human Rights (ECHR).

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 representations under Article 8 of the ECHR can be based on the grounds that:

(a) the person has a genuine and subsisting parental relationship with a child under the age of 18 years who is in the UK, and
(i) the child is a British Citizen; or
(ii) 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

(a) it would not be reasonable to expect the child to leave the UK; and
(b) there is no other family member who is able to care for the child in the UK; or

(b) 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
(i) 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
(ii) there are insurmountable obstacles to family life with that partner continuing outside the UK; or

(c) 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
(d) 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.

Grant Of Leave To Remain As A Result Of Successful Representations

Where as a result of the above referred representations, the Secretary of State does not go ahead with the deportation order finding that the removal of such person will be in breach of UK's obligations under Article 8 of the European Convention on Human Rights, 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 graned an extension of stay for further period of 30 months if an extension of stay is sought before the expiry of such leave.

Notice Of Deportation

Where as a result of the representations, the Home Office UKVI is not satisfied that the removal of the foreign offender will be in brach of the UK's obligations under the the Refugee Convention or the Human Rights Convention, the Home Office UKVI will serve the person subject of deportation with a notice of deportation giving an in-country right of appeal unless the human rights claim of the foreign offender is certified by the Home Office UKVI as manifestly unfounded.

How Can We Help?

The immigration solicitors at Sunrise Solicitors are experts in making detailed legal representations to the Secretary of State for the Home Department (SSHD) as to why the deportation notice should not be served upon you and how your removal from the UK will be in breach of the UK's obligations under Article 8 of the ECHR or under the refugee convention. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your representations against the deportation and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our work in relation to your representations to the Home Office UKVI will entail the following:

  • fully assessing your personal circumstances to determine grounds and reasons based on which it can be argued that your deportation from the UK will be in breach of Article 8 of the ECHR or in contravention of the refugee convention;
  • discussing the possible grounds or reasons which render your deportation in breach of human rights or refugee convention;
  • advising you on the relevant documents to be submitted in support of your representations to the Home Office UKVI;
  • assessing the documents to be submitted to the Home Office UKVI to ensure that the documents substantiate and corroborate our arguements being put forward to the Home Office UKVI in our legal representations;
  • preparing detailed witness statements of our client and any family members explaining in detail the personal circumstances which will render the deportation in breach of human rights laws;
  • preparing detailed legal representations to the Home Office UKVI in support of your claim that your deportation from the UK will be in breach of UK's obligations under the Human Rights Convention and the Refugee Convention;
  • Doing all the follow up work until a decision is made by the Home Office on your representations to the Home Office UKVI.

How Much We Charge?

Unless your matter is very complicated, our fixed fees for legal representations to the Home Office UKVI against deportation from the UK are as given in the fee table below:

Our Service Our Fee
Detailed legal representations to the Home Office UKVI arguing why a foreing offender should not be deported from the UK From £1,000 + VAT To £2,000 + VAT

The agreed fixed fee will depend on the complexity of the deportation matter and the volume of casework involved in the deportation matter.

Our Team Of Leading Immigration Lawyers

As specialist immigration lawyers, we pride in having one of the best team of specialist immigration solicitors and lawyers with wealth of knowledge and experience to deal with all types of UK immigration matters. Our top rated immigration lawyers have successfully helped thousands of clients with all types of UK immigration applications, appeals, Administrative Review, Pre-Action Protocol (PAP) and Judicial Review (JR).

Following are the leading immigration lawyers and solicitors in our team of immigration lawyers:

What Our Clients Say About Us In Google Reviews?

  • Friendly, fast response and very professional. Mr. Naviwala knows exactly what he's talking about and provides quick and straight forward advice. Would not hesitate to seek services here again. Can highly recommend.
  • On behalf of me and my children.I would like to extend my sincere thanks and appreciation to Angelica,Nargis Julia and the entire sunrise solicitors team for the support they gave me and my family during the challenging moments of my family court proceedings. My complex Child arrangement case was handled with professionalism and competence with a client centred focus.With the support of sunrise Solicitors.I have today regained my dignity ,freedom, and liberty in the United Kingdom. Sunrise solicitors (Angelica)knows how to represent her clients in court ,she will speak your mind to create a positive outcome. Once again I will ever remain to be grateful to sunrise solicitors for the invaluable service they have rendered to me and my children. God blessed
  • My LR case was very delicate and difficult to handle. I must say that Mr.Asad , Mr.Usman and Ms.Laurine were always very communicative, attentive to detail, creative and performed very naturally under pressure. I would definitely recommend their services to anyone in need for immigration related matter. I really appreciate the teams help for the right guidance in achieving the results.
  • I had a Zoom call to clear up some complex immigration issues surrounding financial requirements of moving to the UK from the US with my wife. Amir was extremely helpful and answered questions clearly, despite venturing into some quite complex and detailed parts of the application. I would definitely recommend speaking with Sunrise if you need help clarifying or understanding parts of the immigration process to the UK.
  • I had a quick question I couldn’t find an answer to anywhere. Amir was incredibly helpful in answering it but also went above and beyond to explain the other option relevant to it. Thank you so much!
Book An Appointment With Our Immigration Team

You can choose to book an appointment with one of the following immigration solicitors and lawyers depending on the type of your UK visa and immigration matter:

Mr Arshad Mahmood (Managing Director / Solicitor)

Areas of Expertise

Work Visas | Sponsor Licence | Student Visa | Dependants Of Work Visa Holders | BNO Visa | Applications For Adopted Children | Applications For Surrogate Children

Mr Amir Naviwala (Director / Solicitor)

Areas of Expertise

Family Visa | EU Settlement Scheme (EUSS) Applications | Long Residence Applications | Private Life Applications | Adult Dependent Relative (ADR) Applications | Naturalisation Applications | Visitor Visas

Ms. Nargis Khodadady (Immigration Solicitor)

Areas of Expertise

Skilled Worker Visa | Sponsor Licence | Dependants Of Work Visa Holders | Family Visas | Private Life Applications | Long Residence Applications | Naturalisation As A British Citizen

Yogita Sharma (Immigration Solicitor)

Areas of Expertise

Skilled Worker Visa | Sponsor Licence | Dependants Of Work Visa Holders | Family Visas | Private Life Applications | Long Residence Applications | Naturalisation As A British Citizen

Mr Abdul Mutee (Immigration Solicitor)

Areas of Expertise

Compensation For Unlawful Immigration Detention

Mr Muhammad Usman Rasheed (Senior Immigration Caseworker)

Areas of Expertise

Skilled Worker Visa | Dependants Of Work Visa Holders | Family Visa | Long Residence Applications | Private Life Applications | Naturalisation Applications | Visitor Visas

Book An Appointment With Our Divorce & Family Law Solicitors

Ms. Angelica Manu (Divorce & Family Law Solicitor)

Ms. Yogita Sharma (Divorce & Family Law Solicitor)

Mr Arshad Mahmood (Divorce & Family Law Solicitor)

Miss Julia Francis-Owusuasefa (Divorce & Family Law Caseworker)