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 arguments 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 deportation order should not be made against him.

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Grounds For Not To Be Deported From The UK

The representations to the Secretary 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 arguments 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:

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