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This advice applies to England.
You might have to leave the UK if you have broken immigration rules. It is called ‘administrative removal’ or ‘removal’ if you are asked to leave because you’ve:
Administrative removal is different from deportation. You can be deported if you are a foreign national and have completed your prison sentence for committing a crime. This is also called ‘removal for the public good’. Your family can also be deported.
If you’ve been told you will be removed or deported, get specialist immigration advice as quickly as possible.
Our team of experienced immigration solicitors can help you with your asylum and humanitarian protection claim. Get in touch with us today for assistance.
We are here to help and support you in any situation or challenge you may face. You can always count on us.
If the Home Office wants you to leave the UK, they’ll tell you in writing. You can challenge their decision by explaining why you should be able to stay in the UK. Your letter will tell you how to challenge the decision.
You should get help from an immigration specialist if you want to challenge the Home Office’s decision. An immigration specialist will discuss your situation and help you challenge the decision. For example, you might be able to stay if leaving would go against your human rights or if you can apply for asylum.
The Home Office will send you a letter with information explaining how to leave the UK. It’ll say whether or not you can appeal the decision.
If you can Appeal
You’ll need to get help from a specialist immigration adviser. They’ll look into your case to see if an appeal is likely to succeed. They’ll look at things like:
You can read more about finding an immigration specialist.
You could also ask your MP for help if you decide to appeal. They can:
You can contact your MP for help if you decide to appeal.
It is best practice to leave voluntarily if your adviser says an appeal will not succeed. If you don’t, you will be banned from coming back to the UK for 10 years if the government takes you out of the country.
You can appeal again if your first appeal fails. Speak to a specialist immigration adviser – they’ll tell you if another appeal might succeed. You can stay in the UK while your appeal is being considered.
If you have new evidence showing you should be able to stay in the UK, you might be able to make a new application. For example, if there was new evidence proving your relationship with someone with the right to live in the UK.
When you can’t make any more appeals and don’t leave voluntarily, the Home Office will start making arrangements to take you out of the UK. You won’t be able to return to the UK for 10 years.
You can take your case to a judicial review if you can’t appeal. You’ll need to do this within 3 months of receiving the Home Office’s decision.
Judicial review might be a good option if there’s been a legal or administrative error. You should get help before deciding to ask for a judicial review
You can choose to leave voluntarily if:
If you pay for your journey home, you can apply to return to the UK in 1 year.
It would be best to write to the Home Office to tell them that you’re planning to leave.
If you can’t pay for your journey home, you might be able to get help from the government. For example, they can help pay for your flights and documents. This is called ‘voluntary return’.
The government can help you return home if any of the following apply:
You might also be able to get up to £3,000 to help you settle down when you return home. You can check if you get financial help to return home on GOV.UK.
If you got help from the government to return to your home country, you can usually apply to return to the UK:
You might have a right to an administrative review when you don’t have a right to appeal to an independent tribunal. In an administrative review, a senior officer at the Home Office will review the decision.
You might be able to return sooner if you apply as the partner of someone with the right to be in the UK. You might also be able to return sooner if you’re the parent of a child in the UK.
You must get legal advice and tell the Home Office immediately if there’s any other reason you should be allowed to stay in the UK. You might need to explain why you didn’t mention that reason earlier.
You won’t be taken out of the UK immediately – it usually takes a while for the Home Office to arrange for you to go. During this time, you’ll have to visit an immigration reporting centre. You’ll usually have to go to the reporting centre every 2 weeks or once a month.
You will be taken to a detention centre if you’ve been told you have the leave the UK soon. You’ll have to stay there until you leave the UK.
You might also be taken to a detention centre if the Home Office thinks you might try to avoid being deported.
You shouldn’t be taken into detention if you’re particularly vulnerable to harm in detention, for example, because of your mental health, pregnancy, or physical disability. If you are detained despite being vulnerable, you should apply for bail.
You can be taken into detention at any time. You’re most likely to be taken in when you’re visiting the reporting centre, but it can happen at any time. It’s best to be prepared, so ensure you have important documents. This includes all your documents related to your immigration case – like copies of applications and refusal decisions.
You’ll get at least 3 days’ notice of being taken out of the UK.
You should be given information in your own language explaining your rights while you’re there. If you don’t receive this, you should ask for it. Your rights include:
Getting bail means the government agrees that you won’t need to stay in detention. Your chances of getting bail are better if you or someone agrees to guarantee to pay money if you run away.
You can apply for immigration bail if the Home Office holds you on immigration matters. You might be released from detention but must obey at least one condition.
You can apply whether you are held in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.
You’re more likely to get bail if you have a place to stay.
Your application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’. This is a person who:
In the application form, give information about where you’ll stay and your Financial Condition Supporters.
You may find it harder to get bail if you:
If you were refused bail in the last 28 days, you wouldn’t get another hearing unless your situation has changed significantly. Explain what you think has changed in your application.
If you are refused bail, you will get a written statement explaining why.
You might not be released even if you are granted bail. If your removal date is in the 14 days after you get bail, the Home Office will have to agree to your release.
You can apply for bail in 2 main ways. It depends on your situation. Apply to:
You might be automatically referred for a bail hearing if you’ve been detained for 4 months or more.
If you are appealing to the Special Immigration Appeals Commission, you can apply to them for bail.
You can apply to the Home Secretary for bail from the first day you arrive in the UK. This is called Secretary of State Bail’.
Download and fill in form BAIL401 explaining why you’re asking for bail.
You can also get the form from:
Your application will be decided by Home Office staff, and there will not be a hearing.
