Migrants who are found to be guilty of serious crimes in the UK run the risk of being deported but what exactly constitutes a crime serious enough to be deported and what can you do if you have been accused.
Deportation in the UK is regulated under the Immigration Act 1971, reserving the right of the Home Secretary to deport anyone whose presence in the UK is judged to have a negative impact on the public.
The same piece of legislation enables the individual to be detained as a prisoner until such time as they can be safely deported.
Whilst this does seem somewhat vague, and there is certainly room for interpretation involved in deportation legislation (what exactly constitutes the public good for example is up for debate) but there are some hard and fast numbers to be aware of.
The UK Borders Act 2007, for example, means that the Home Secretary MUST deport criminal if they have been sentenced to a period of 12 months or more in prison.
Therefore, if you have been accused or charged with a crime that has a maximum potential penalty of 12 months or more, it is essential that you take rapid action to protect yourself.
The most important of these actions is the hiring of a respected criminal lawyer.
Are there specific crimes that you can be deported for?
The answer to the question of what crimes can you be deported for? is all of them.
Sure, not all crimes have a max potential jail sentence of over 12 months, but, as we mentioned, that is not a guarantee of safety.
Any crime can lead to deportation if you are considered as a threat to public safety, and repeat convictions are more likely to lead to you being placed in this category.
Why hire a criminal lawyer?
Being found innocent of a crime or even being able to secure a reduced sentence could be the difference between you and your family being able to remain in the UK and being deported against your will.
To do this, having a great criminal lawyer in your corner is essential. If these criminal lawyers just happen to have an exceptional knowledge of immigration law as well even better as they will also be able to offer you advice in this area.
Are there any exceptions to deportation laws?
There are several exceptions to the rules when it comes to deportation and these are set out in the same UK Borders Act 2007 that we mentioned earlier.
These potential exemptions include:
- Instances where removing a person would breach their human rights in accordance with the European Convention on Human Rights.
- Instances where the conviction occurred before a person turned 18.
- Instances where a person is subject to an ongoing extradition procedure.
- Instances where a person is subject to a hospital or guardianship order in accordance with the Mental Health Act 1983.
