The UK Home Office has issued updated guidance on deportation, clarifying which categories of people are protected from being removed from the country. The guidance, issued by UK Visas and Immigration, explains how deportation powers under the Immigration Act 1971 and the UK Borders Act 2007 should be applied. British citizens are not subject to deportation orders under the framework, which applies to people who are not British nationals.
Irish citizens are also protected from routine deportation, although they may be considered for removal in exceptional cases involving serious offences. A 2007 ministerial statement says they may be considered for removal if a court recommends deportation during sentencing, or if the Home Secretary finds exceptional circumstances make it necessary in the public interest. Such cases are expected to involve serious offending, including terrorism, murder, or serious sexual or violent offences.
A third group exempt from deportation comprises certain Commonwealth and Irish citizens who were lawfully living in the UK on January 1, 1973. Section 7 of the Immigration Act 1971 provides this group with an exemption from deportation. This exemption applies to individuals who have been long-term residents in the UK and have been contributing to the country's society.
Other foreign nationals may face deportation on criminality grounds if they receive a custodial or suspended sentence of at least 12 months for one conviction, cause serious harm through an offence, or are considered persistent offenders. The guidance also identifies national security concerns, gun crime, serious drug offences, and sham marriages as possible grounds for deportation.
Authorities may also pursue removal where strong circumstantial evidence suggests a person poses a serious risk of harm, regardless of the sentence imposed. The updated rules clarify who is covered by the UK's deportation framework and the circumstances in which the government may seek to remove foreign nationals.
The UK Home Office has reported that more than 80,000 people have been removed from the UK or returned to their home countries since July 2024. The department had earlier identified two groups of foreign nationals who could be removed from Britain, including people who break UK laws and those who have no legal right to remain in the country.
The updated guidance aims to provide clarity on the UK's deportation policies and ensure that those who pose a risk to the country's safety and security are removed. The guidance also ensures that individuals who are exempt from deportation are protected from removal.
Key points
- British citizens, Irish citizens, and certain Commonwealth citizens are exempt from routine deportation under the updated guidance.
