Guidance

ECB04: deportees

Updated 24 April 2015

1. ECB4.1 Visa nationals [archived]

2. ECB4.2 Non-visa nationals [archived]

3. ECB4.3 Deportees

ECB4.3.1 What are the Immigration Rules concerning deportees?

The Immigration Rules relating to deportation

An applicant who has previously been deported from the UK at any time must apply in writing for a revocation of the Deportation Order and wait for the outcome of the revocation request before they can travel to the UK (if a non-visa national) or before applying for an entry clearance (if a visa national). An application for entry clearance from a person with an extant Deportation Order will be refused automatically. Entry in breach of a Deportation Order is a criminal offence under section 24 (1) (a) of the 1971 Act. Any leave acquired prior to the Deportation Order is invalid.

This also applies to any European Economic Area (EEA) national - for more guidance on these see EUN1.3.

4. ECB4.3.2 How can a Deportation Order be revoked?

Applications for the revocation of a Deportation Order can be made at any time. The Deportation Order must be revoked in order for the applicant to lawfully travel to the UK. Paragraph 392 of the Immigration Rules states that applications for the revocation of a Deportation Order can be submitted either to the Entry Clearance Officer or direct to the Home Office.

Applications for a Deportation Order to be revoked take the form of a letter from the deportee. If from a third party, there should be evidence that the third party has the deportee’s authority to do this. The letter should, ideally, have a heading that indicates that revocation of a Deportation Order is being requested, and contain the deportee’s Home Office reference number.

If an application for a revocation of a Deportation Order is received at post it should be forwarded onto the following address: Document Management Centre Lunar House 40 Wellesley Road Croydon Surrey CR9 2BY

5. ECB4.3.3 How much time must elapse before you can apply to have a Deportation Order revoked?

5.1 Non-criminal cases

A person can apply at any time for revocation of a Deportation Order made against them. The Immigration Rules do not set any specific period before which an application would normally be refused.

Revocation of a Deportation Order will not normally be authorised unless the situation has materially altered, either by a change in circumstances since the Deportation Order was made, or by fresh information coming to light which was not available at the time the Deportation Order was made. The passage of time since the person was deported may in itself amount to such a change in circumstances.

5.2 Criminal conviction cases:

A person can apply at any time for revocation of a Deportation Order made against them.

In the case of a person who has been deported following conviction for a criminal offence, Paragraph 391 of the Immigration Rules confirms that the continuation of a Deportation Order against that person will be the proper course:

(a) in the case of a conviction for an offence for which the person was sentenced to a period of imprisonment of less than 4 years, unless 10 years have elapsed since the making of the Deportation Order when, if an application for revocation is received, consideration will be given on a case-by-case basis as to whether the Deportation Order should be maintained, or

(b) in the case of a conviction for an offence for which the person was sentenced to a period of imprisonment of at least 4 years, at any time.

This will be the case unless, in either case, the continuation would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, or there are other exceptional circumstances that mean the continuation is outweighed by compelling factors.

Revocation of a Deportation Order does not entitle the person concerned to re-enter the United Kingdom; it renders them eligible to apply for admission under the Immigration Rules. Application for revocation of the Order may be made to the Entry Clearance Officer or direct to the Home Office.

In cases where a person delayed the enforcement of a Deportation Order considerably through non-compliance, consideration should be given as to whether a lengthier exclusion period should apply.

6. ECB4.3.4 How are decisions notified?

6.1 Where the Deportation Order is revoked

Where an application to the Home Office for the revocation of a Deportation Order has been made and it is decided to revoke the Deportation Order, the Home Office will send a letter explaining this decision. This will confirm that revocation of the Deportation Order in itself gives no entitlement to entry to the UK.

6.2 Refusal to revoke the Deportation Order (non-EEA cases)

Until recently, Section 82(k) of the Nationality, Immigration and Asylum Act 2002 provided that a decision to refuse to revoke a Deportation Order attracted a right of appeal. However any decision to refuse to revoke made on or after 10 November 2014 is subject to Section 82 as amended by the Immigration Act 2014. This means that:

• any decision to refuse to revoke a deportation order, where the person has already been deported, made prior to 10 November 2014 will attract a right of appeal;

• any decision to refuse to revoke a deportation order made on or after 10 November 2014 will not attract a right of appeal unless there is also an associated decision to refuse a protection claim, refuse a human rights claim or revoke protection status. Where the person has already been deported, only a decision to revoke a non-protection human rights claim will be relevant.

The refusal decision notice, together with the appeal form will be sent to either:

• the applicant’s representative in the UK if the application was made direct to the Home Office from within the UK; or
• the Entry Clearance Officer for onward transmission if the application to have the Deportation Order revoked was made from abroad.