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A person who has been convicted for an offence for which he has been sentenced to a period of imprisonment at least 12 months or more can make representations to the Secretary of State for the Home Department as to why he should not be served with a notice of deportation. The representations can be made after he has been served with a letter requiring him to disclose all the reasons as to why a deporation order should not be made against him. The representations to the Secetary of State for the Home Department 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.

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.

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.

Why Sunrise Solicitors For Your Representations Against Proposed Deportation?

The immigration solicitors at Sunrise Solicitors are experts in making detailed legal representations to the Secretary of State for the Home Department 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. 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 Fees For Representations Against The Deportation

  • We will charge you a fee from £1,000 + VAT for our professional immigration services in relation to your representations to the Home Office against the deportation. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • Please be advised that VAT will not be applicable where our client does not have a valid leave to remain in the UK at the time of his/her instructions to us in relation to his/her immigration matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.