Last updated: 10 November 2026

What is the difference between removal and deportation?

Removal and deportation are different legal processes. Removal usually happens because the Home Office says you do not have permission to enter or stay in the UK. You may hear this called enforced removal or administrative removal

Deportation usually happens when someone has been convicted of a crime. It can also happen when the Home Office decides that deporting someone is in the public interest. 

The Home Office can make a deportation order. This order can cancel any permission the person already has to stay in the UK. It also means they cannot legally return to the UK while the order is in place. 

You can find information about deportation further in this guide or click here. 

Who may be at risk of removal

You may be at risk of removal from the UK if you do not have permission to enter or stay in the UK. In some circumstances, you may also be at risk even if you currently have permission.

This might be because:

• Your asylum claim or immigration application has been refused.
• You had permission to stay in the UK for a limited time, but that permission has now ended.
• The Home Office is removing a family member, and your permission to stay was granted because of your relationship with them. 

The Home Office cannot remove you simply because a family member is being removed. This power only applies to certain family members, such as partners, children and dependent relatives, whose permission to stay depends on that family relationship, or who would not qualify for permission to stay independently. The Home Office must also give you written notice.

However, having no permission to stay, or having an application refused, does not always mean the Home Office is trying to remove you. It also does not mean you can be removed immediately. Some people continue to live in the UK for years after their application is refused or their permission to stay ends.

If you are worried that you may be at risk of removal, it is important to understand your current immigration status and why the Home Office says you do not have permission to stay in the UK.

Your situation can change over time. If you are unsure what has happened with your immigration case, try to find out. This can help you understand whether the Home Office is taking steps to remove you and what you may be able to do before removal is planned.

You may need to request your Home Office records. If you are missing important documents or are unsure about your immigration history, you can make a Subject Access Request (SAR). This lets you ask the Home Office for copies of information it holds about you. SARs can take a long time, so it is a good idea to make your request as early as possible.

BUTTON: Read our Toolkit page on making a Subject Access Request here.

How the Home Office tells you about your planned removal

The Home Office removal process usually involves three stages:

Stage 1: First, the Home Office tells you that you are liable to removal. This means that, in law, you can be removed from the UK. It does not necessarily mean that your removal has already been arranged or can happen immediately.

Stage 2: Next, the Home Office tells you that it intends to remove you.

Stage 3: Finally, the Home Office gives you the details of when and how it plans to remove you.

At each stage, the Home Office should tell you what it is doing in writing. These written documents are called notices.

The table below shows the different types of notices you should receive at each stage. 

How much notice the Home Office must give before removal

In most situations, the Home Office must give you at least 5 working days before an enforced removal can take place. This time is called the notice period.

The notice period is supposed to give you time to understand what is happening, try to get legal advice and, if necessary, ask a court to stop your removal. 

The Home Office cannot normally remove you during the notice period. If you have a lawyer they must also send the notice to them. 

Calculating when the 5-working-day notice period starts

This is more complicated than it should be!

The Home Office must usually give you at least 5 full working days before removing you from the UK. But the 5 days do not always start when you receive or read the notice.

The Home Office has rules about when a notice counts as delivered:

• In person: The day the Home Office gives you the notice.
• By email: The day the Home Office sends the email. 
• By recorded delivery: Two working days after the Home Office posts the letter.

Weekends and bank holidays do not count as working days. You can see all the bank holidays on the UK Gov website here.

Example 1: The Home Office sends your Notice by email

 If the Home Office emails you on Monday, the 5 working days start on Tuesday. 

This example does not include bank holidays.

Example 2: The Home Office sends your notice by post on Monday

If the Home Office posts your notice on Monday, it counts the letter as delivered on Wednesday. The 5 working days start on Thursday.

Important: The Home Office counts the letter as delivered on Wednesday (after 2 days) even if you receive it later. Weekends and bank holidays are not counted as working days. This example does not include bank holidays.

Important: If you have a lawyer and the Home Office has their details, it must also send them your Notice of Intention to Remove and Notice of Departure Details. If you and your lawyer receive the notices on different dates, the notice period is calculated using the date the notice counts as delivered to your lawyer.

When the Home Office can give less than 5 working days’ notice

Sometimes, the Home Office does not have to give you the usual 5 working days’ notice.

For example, if you arrive at a UK airport, Border Force officers may check your documents and ask why you are coming to the UK.

If they decide that you cannot enter the UK, they may arrange a flight to remove you. You may be detained while waiting for your flight.

The Home Office can remove you at any time within 7 calendar days of refusing you permission to enter. This means you could be removed after only one or two days, without the usual 5 working days’ notice.

If the Home Office cannot arrange your removal within those 7 days, it must give you the usual notice period before removing you.

However, different rules apply if you claim asylum at the border. If you tell Border Force that you want to claim asylum, the Home Office must deal with your claim. You should not normally be removed while your asylum claim is being considered.

There are exceptions, including where the Home Office seeks to remove you to another country it considers safe. We explain this in the When the law may stop a removal section.

Asking for more time to respond to a removal notice

Five working days is the minimum notice period in most cases. This does not mean that removal must happen as soon as those 5 days have passed.

You or your lawyer can ask the Home Office for more time to get legal advice or take urgent legal action.

For example, you may need more time if you have unexpectedly lost your lawyer or cannot get important documents needed for legal advice.

When asking for more time, you should explain:

• why you need more time;
• what you need the extra time to do; and
• how much extra time you are asking for.

The Home Office must consider your request based on your individual circumstances and respond before removal takes place.

While the Home Office is considering your request, it must not remove you.

If you are in immigration detention

If you are detained in an Immigration Removal Centre, you should have access to free initial legal advice through the Detained Duty Advice Scheme (DDAS).

If you do not have a lawyer, ask for an appointment as soon as possible, especially if you have received a Notice of Intention to Remove.

If you do not have a lawyer and cannot get an appointment within the 5-working-day notice period, Home Office guidance says the notice period must be extended so that an appointment can be arranged.

The Home Office can extend the notice period without waiting for you or a lawyer to ask.

If you are detained in a prison under immigration powers

If you are being held in prison for immigration reasons, rather than as part of a criminal sentence, you must still be able to seek legal advice and take legal action before you are removed. This is called being detained under immigration powers.

Where possible, the Home Office should move you to an immigration detention centre or short-term holding facility at least 5 working days before your removal.

If you stay in prison, you must have ways to contact a lawyer and take legal action, including access to a telephone.

If you cannot access legal advice, it is important to tell the Home Office and ask for more time before your removal.

Reasons why removal may not happen

There are different reasons why removal may not happen.

Legal barriers: Sometimes the law prevents the Home Office from removing someone. For example, the Home Office or a court may still need to consider an application, claim or appeal. We explain more about [legal barriers here].

Practical barriers: Sometimes the Home Office cannot arrange someone’s removal. For example:

• The Home Office does not have the travel documents needed.
• The Home Office cannot confirm which country the person is from.
• The country the person would be sent to is not accepting forced returns.
• There are problems arranging travel, or there are medical or other circumstances that need to be considered.

This means that even if the Home Office has the legal power to remove you, your removal may not happen straight away.

There are different reasons why the Home Office may not be able to remove someone from the UK. Some reasons are legal, while others are practical.

When a planned removal does not happen

Sometimes, the Home Office plans to remove someone from the UK, but the removal does not happen.

For example:

• A flight is cancelled.
• The Home Office does not have the travel documents it needs.
• The Home Office has made a mistake when arranging the removal.

If your removal does not happen, this does not mean the Home Office has stopped trying to remove you. It may arrange another removal.

Whether the Home Office must give you another 5-working-day notice period depends on why the first removal did not happen and when it plans to remove you again.

The removal did not go ahead for a reason outside the Home Office’s control

Sometimes, a planned removal cannot go ahead because of something the Home Office could not control.

For example:

• bad weather
• a mechanical problem with transport
• disruption by the person being removed or someone else

If the Home Office removes you within 21 calendar days of the original removal date, it does not have to give you another 5-working-day notice period.

However, it must give you a new Notice of Departure Details (NDD), telling you when and where it plans to remove you.

If the new removal date is more than 21 calendar days later, the Home Office must give you a new Notice of Intention to Remove (NIR), a new notice period of at least 5 working days and a new NDD.

The removal did not go ahead because of a Home Office error

Sometimes, a planned removal cannot go ahead because the Home Office made a mistake or failed to arrange something properly.

For example:

• the Home Office made a mistake when arranging escorts. Escorts are staff who accompany people during their removal from the UK, including on flights.
• paperwork was completed incorrectly

In this situation, the Home Office must give you:

• a new Notice of Intention to Remove (NIR), with a new notice period of at least 5 working days
• a new Notice of Departure Details (NDD), telling you when and where it plans to remove you

This applies even if the Home Office plans to remove you again within 21 calendar days.

If you have challenged your removal through judicial review

A judicial review is a legal challenge where a court or tribunal looks at whether a decision was made lawfully.

If you challenged your removal through judicial review, and the court or tribunal makes a decision that means your removal can go ahead, the Home Office may not have to give you another 5-working-day notice period.

This only applies in certain circumstances, including where you have already received the minimum notice period and the Home Office removes you within 21 calendar days of the court or tribunal’s decision.

The Home Office must still give you a Notice of Departure Details (NDD) telling you when and where it plans to remove you.

If you receive a new removal notice after a court decision, act quickly. You may have very little time to take further legal action. Contact your lawyer if you have one, and read ACTION SECTION: Challenging removal section for steps you can take yourself.

Read the Home Office guidance on notice periods for enforced removal for more information.

When the law may stop removal

Sometimes, the law prevents the Home Office from removing someone from the UK. This is called a legal barrier to removal.

For example:

• You have an asylum claim that the Home Office is still considering.
• You have an appeal that stops your removal.
• A court has ordered the Home Office not to remove you.

Some legal barriers only last while the Home Office, a court or a Tribunal is considering your case.

Not every application, appeal or court case automatically stops removal. The section below explains when the Home Office cannot remove you and when different rules apply.

How your immigration case affects whether you can be removed

The table below explains some situations that may affect whether the Home Office can remove you. We explain each situation in more detail below.

If you have an ongoing asylum claim

If you have claimed asylum and the Home Office has registered your claim, you should not normally be removed while it is deciding your case.

However, different rules can apply if the Home Office wants to remove you to a safe third country. This means another country that the Home Office considers safe, not the country where you say you would face persecution or serious harm..

The Home Office may say you have a connection to another country, for example because you travelled through it before arriving in the UK.

It may decide that your asylum claim is inadmissible. This means that the Home Office will not consider your reasons for needing asylum in the UK and may instead try to remove you to another country it considers safe.

If the Home Office tells you that your claim may be treated as inadmissible, try to get legal advice as soon as possible.

If you have an appeal

If the Home Office refuses your asylum or human rights claim, you may have a right to appeal.

An appeal asks an independent judge at the Immigration and Asylum Tribunal to look at the Home Office’s decision again.

If you have a right to appeal from inside the UK, the Home Office should not normally remove you:

• while you still have time to start your appeal; or
• while the Tribunal is considering an appeal you made on time.

You will usually have 14 days to start an appeal from inside the UK. Your decision letter should explain your appeal rights and the deadline.

An appeal will no longer stop removal if:

• you withdraw your appeal (decide not to continue with it);
• your appeal is treated as abandoned. This means your appeal has ended without the Tribunal making a final decision on your case; or
• your appeal has been finally decided and you have no further right to appeal.

If you miss the deadline, you may still be able to appeal. You can ask the Tribunal to accept a late appeal, even if you do not have a lawyer. You must explain why your appeal is late.

Submitting a late appeal does not automatically stop your removal. However, Home Office guidance says removal should normally be delayed while the Tribunal decides whether to accept your appeal.

Button: https://righttoremain.org.uk/toolkit/preparingappeal/ 

If your claim has been certified

In some cases, the Home Office may certify an asylum or human rights claim. This is called certification. This means that the Home Office has made a decision that affects whether you can appeal against a refusal, or whether you can stay in the UK while appealing.

Depending on the type of certification, this can mean:

• you have no right to appeal against the refusal; or
• you can appeal, but the Home Office may remove you before your appeal is decided.

The Home Office must tell you in writing if your claim has been certified. The letter should explain why and which law it has used, for example, section 94 or section 94B.

We explain what these different types of certification mean below.

Section 94: clearly unfounded claims

The Home Office may certify an asylum or human rights claim as clearly unfounded.

This means the Home Office believes your claim has no chance of succeeding.

If your claim is certified under section 94, you will not have a right to appeal against the refusal.

You may be able to challenge the certification through judicial review, which means asking a court or tribunal to look at whether the Home Office acted lawfully.

Starting a judicial review does not always stop your removal. We explain what you can do in the ACTION: Challenging removal section below.

Section 94B: appeals from outside the UK

Section 94B can apply to some human rights claims.

If your claim is certified under section 94B:

• you still have a right to appeal;
• you must usually start or continue your appeal from outside the UK; and
• the Home Office may remove you before your appeal is decided.

An appeal that does not stop removal is sometimes called a non-suspensive appeal.

You may be able to challenge the decision to certify your claim. Try to get legal advice as soon as possible. If you cannot find a lawyer, read our ACTION: Challenging removal section for steps you can take yourself.

If you have made further submissions

Further submissions are new information or evidence given to the Home Office after an earlier asylum or human rights claim has been refused or withdrawn, and any appeal has ended.

If you make further submissions about asylum or human rights, the Home Office must consider them before removing you. However, there are rules about how and where you must submit this information.

You might tell the Home Office that you plan to send new information or evidence, or that you need more time to prepare it. This does not normally stop the Home Office from removing you.

If the Home Office rejects your further submissions, it may be able to continue with your removal.

If you have new information or evidence, act as soon as possible. Read our Fresh Claim page to understand how to make further submissions and what you can do if you cannot find a lawyer.

Button: Fresh claim page and evidence pages 

If removal would breach refugee or human rights law

The Home Office must not remove you if doing so would breach the UK’s obligations under the Refugee Convention or the European Convention on Human Rights.

For example, removal may be unlawful if there is a real risk that you would face:

• persecution;
• death;
• torture; or
• inhuman or degrading treatment.

There may also be other human rights reasons why removal would be unlawful, including the impact on your family life.

The Home Office may disagree that these risks apply to you. If you believe your removal would be unlawful, you may need to make an asylum or human rights claim, or provide new information or evidence if you have already made a claim.

Simply telling the Home Office about these risks does not automatically stop removal. It is important to follow the correct legal process as soon as possible. We explain what you can do in the ACTION: Challenging removal section below.

Challenging removal

If the Home Office tells you it plans to remove you from the UK, you may be able to challenge its decision.

There are different ways to challenge removal, depending on your circumstances and what has happened with your immigration case.

New asylum or human rights reasons

You may have new reasons why it would be unsafe or unlawful to remove you from the UK.

For example:

• you now face a risk of persecution or serious harm;
• your health or personal circumstances have changed;
• removal would seriously affect your children or family;
• something important has changed in the country you would be removed to; or
• new evidence has become available.

If the Home Office has not considered these reasons, you may need to make an asylum claim, a human rights application or further submissions.

The correct process depends on your circumstances and what has happened in your case before.

Read more about:

• Claiming asylum
• Human rights applications
• Further submissions and fresh claims

Telling the Home Office that you plan to make a claim, or asking for more time to gather evidence, does not automatically stop removal.

Other legal proceedings

Other legal proceedings may also affect whether you can be removed. For example, this could include proceedings involving children, trafficking or modern slavery, or a criminal case.

However, being involved in another legal case does not automatically stop removal.

Challenging removal through judicial review

If the Home Office refuses to stop or delay your removal, you may be able to challenge its decision through judicial review.

Judicial review is a legal process where a court or tribunal looks at whether the Home Office has acted lawfully.

Will judicial review stop your removal?

In England and Wales, Home Office guidance says that removal will normally be delayed when a judicial review challenging removal has been properly submitted to the court or tribunal and the Home Office has received a copy.

However, starting a judicial review does not always stop removal.

For example, the Home Office may decide to continue with removal if:

• you have already made a similar legal challenge that was unsuccessful;
• you are being removed on a charter flight or another flight with special arrangements; or
• the Home Office is removing you to another country that it considers a safe third country.

These are not automatic exceptions. The Home Office must follow its guidance when deciding whether removal can continue.

Injunctions

If the Home Office will not delay your removal, you may need to ask a court for an injunction. An injunction is a court order that tells the Home Office not to remove you while the order applies.

In Scotland, a similar court order is called an interim order.

If a court grants an order stopping your removal, the Home Office must follow it. Different procedures apply in Scotland and Northern Ireland.

Read our guide to judicial review for more information.

Prepare in case you are detained

You can still be detained while you are challenging your removal, even if there is a legal reason why the Home Office should not remove you.

The Home Office may detain you while your case is being considered, even when there are serious questions about whether your detention is lawful.

Being able to challenge detention does not prevent the harm it can cause while you are detained. Challenging detention can also take time, and it does not mean you will be released immediately.

If you are detained, or worried that you may be detained, read our Immigration Detention Key Guide for information about your rights, getting support, challenging detention and applying for immigration bail.

Deportation from the UK

A deportation order is a legal instruction from the Home Office that says you must leave the UK. It normally cancels any permission you have to enter or stay in the UK.

The deportation order does not automatically end when you leave the UK. You are not allowed to return while the order still applies. You can ask the Home Office to cancel the order. This is called revocation, which we explain later in this guide.

Deportation is a different legal process from the administrative removal explained earlier in this guide. 

The Home Office should tell you in writing about its plans to deport you. In most cases, the Home Office must give you at least 5 working days’ notice before deporting you. This gives you time to understand what is happening and take steps to challenge your deportation. There are some exceptions. We explain how the notice period works earlier in this guide here.

People who may be at risk of deportation

British citizens cannot be deported. However, the Home Office can sometimes take away British citizenship. We explain this below.

A person who is not a British or Irish citizen may face deportation if:

• they are convicted of a criminal offence in the UK and receive a prison sentence of 12 months or more;
• they are convicted of a criminal offence in the UK on or after 22 March 2026 and receive a suspended sentence of 12 months or more; or
• the Home Office decides that their deportation is “conducive to the public good”.

The Home Office can also consider deporting certain family members of someone facing deportation. We explain this below.

Not everyone who receives a criminal conviction will be deported. Refugee and human rights law may prevent deportation. We explain these protections later in this guide.

When the Home Office takes away British citizenship

The Home Office can take away someone’s British citizenship in certain circumstances. This is called deprivation of citizenship.

For example, this may happen if:

• someone became a British citizen by giving false information or deliberately hiding important information; or
• the Home Office believes taking away their citizenship is in the public interest, for example because of national security concerns or serious organised crime.

There are legal limits on when the Home Office can do this. Different rules apply depending on why someone’s citizenship is being taken away.

If the Home Office takes away your British citizenship, you may then face deportation. However, losing your citizenship does not automatically mean you will be deported.

You have the right to appeal a decision to take away your British citizenship. This means asking a court or Tribunal to review the decision.

Read more in the Home Office guidance on deprivation of British citizenship.

Suspended sentences

A suspended sentence is a prison sentence that someone does not have to serve immediately. They must follow conditions set by the court. If they break these conditions, they may be sent to prison.

From 22 March 2026, a suspended sentence of 12 months or more can trigger automatic deportation. This applies only if the person was convicted on or after that date.

The important date is when the person was convicted, not when they were sentenced.

A suspended sentence for a conviction before 22 March 2026 does not, by itself, trigger automatic deportation. However, if the court later orders that the prison sentence must be served, different rules may apply.

Community orders

A community order is a sentence that someone serves in the community instead of prison. This could include unpaid work, attending appointments or following a curfew.

A community order does not automatically lead to deportation. However, the Probation Service may refer someone with a community order to the Home Office to consider whether they should be deported.

Deportation that is “conducive to the public good”

This means that the Home Office believes deporting someone is in the interests of society or public safety.

The Home Office can consider deportation even if someone has not received a prison sentence of 12 months or more.

For example, it may consider deportation if someone:

• has been convicted of an offence that caused serious harm;
• is considered a persistent offender, meaning someone who has shown a repeated pattern of offending over time; or
• has been involved in other conduct that the Home Office believes justifies deportation.

The Home Office must consider the person’s individual circumstances, including whether deportation would breach their refugee or human rights.

Irish citizens

Irish citizens have different protections against deportation and are not covered by the usual automatic deportation rules.

The Home Office normally only considers deporting an Irish citizen if a court recommends deportation or there are exceptional circumstances where it considers deportation necessary in the public interest.

Irish citizens also generally have the right to live in the UK without immigration permission under the Common Travel Area arrangements.

People of Northern Ireland

Under the Belfast (Good Friday) Agreement, people of Northern Ireland have the right to identify as British, Irish or both.

Someone may be a British citizen even if they only hold an Irish passport. British citizens cannot be deported while they hold British citizenship.

The Home Office must also consider whether an Irish citizen is a person of Northern Ireland under the Belfast Agreement before making a deportation decision.

EU, EEA and Swiss citizens

Different deportation rules may apply to EU, EEA and Swiss citizens and their family members, particularly if they have rights under the EU Settlement Scheme or Withdrawal Agreement.

Read the EU/EEA nationals section below for more information.

Deportation of family members

In some circumstances, the Home Office may consider deporting the spouse, civil partner or child under 18 of someone who has been deported or ordered to be deported.

This does not happen automatically. The Home Office must consider the family member’s individual circumstances, including whether deportation would breach refugee or human rights law.

The deportation process

The deportation process can be different depending on your circumstances. In many cases, there are two main stages.

Summary of the deportation process

Stage 1: The Home Office considers deportation

The Home Office may send you a letter called a stage 1 decision or liability for deportation notice.

This letter explains why the Home Office is considering deporting you. It also gives you an opportunity to explain why you should not be deported.

The Home Office’s guidance says you should usually have 28 calendar days to respond. Calendar days include weekends. Always check the deadline in your letter.

The Home Office should also send you a section 120 notice. This asks you to tell the Home Office all the reasons why you believe you should be allowed to stay in the UK, including asylum or human rights reasons.

You must also tell the Home Office if you have new reasons to stay or if your circumstances change. We explain how to respond to this notice in the Challenging deportation section below.

Stage 2: The Home Office makes a decision

The Home Office must consider the information and evidence you provide.

If it still decides to deport you, it may send you a stage 2 decision. This letter explains the Home Office’s decision and why it has not accepted your reasons for staying in the UK.

The Home Office may also make a deportation order. Depending on your circumstances and whether you have a right to appeal, this may happen at Stage 2 or later.

If the Home Office refuses an asylum or human rights claim, the decision letter should explain whether you have a right to appeal.

A deportation order does not mean you will be removed from the UK immediately. The Home Office must normally give you notice before removing you, and there may be legal reasons why your removal cannot take place.

If you receive a letter about deportation, read it carefully and check any deadlines. Keep copies of the letter and any documents you send to the Home Office. We explain how you can challenge deportation later in this guide.

Human rights and deportation

Article 8 of the European Convention on Human Rights protects your right to respect for your private and family life.

Your private life includes the life you have built in the UK, including your friendships, community and other connections. Your family life includes your relationships with your partner, children and other family members.

If you are facing deportation, you may be able to argue that deporting you would breach your Article 8 rights.

However, the law sets strict requirements. The Home Office must consider your circumstances, but the law also gives significant weight to deportation following certain criminal offences.

The rules depend partly on the length of any prison sentence:

• Less than four years: You may be able to rely on the private-life exception, the family-life exception or other very compelling circumstances.
• Four years or more: You must show very compelling circumstances over and above those described in the private-life and family-life exceptions.

An exception is a rule that may prevent deportation in certain circumstances.

You do not need to meet both the private-life and family-life exceptions.

The private-life exception

The private-life exception may apply if all three of the following are true:

• You have lived legally in the UK for most of your life.
• You are socially and culturally integrated in the UK. This means you have built connections and a life here.
• You would face very significant obstacles to building a life in the country where the Home Office wants to deport you.

“Most of your life” means more than half of your life.

“Very significant obstacles” means serious difficulties that would make it particularly hard for you to build a life in another country. These must go beyond the difficulties people usually experience when moving to another country.

The family-life exception

The family-life exception may apply if you have a genuine and ongoing relationship with a child or partner who meets certain requirements.

You must also show that deportation would have an “unduly harsh” effect on your child or partner.

“Unduly harsh” means that the consequences would be very severe. The Home Office must consider how deportation would affect your child or partner in their particular circumstances. The fact that deportation would separate your family is not, by itself, always enough to meet this requirement.

A relationship with a child

The family-life exception may apply if all of the following are true:

• You have a genuine and ongoing parental relationship with a child under 18.
• Your child is a British citizen or has lived continuously in the UK for at least seven years before the deportation decision.
• Your child is living in the UK when the Home Office makes its decision.
• It would be unduly harsh for your child to move to the country where you would be deported.
• It would also be unduly harsh for your child to stay in the UK without you.

The Home Office must consider the best interests of any child affected by deportation. This means it must consider the child’s needs, safety and wellbeing.

A child’s best interests are very important, but they do not automatically decide whether deportation can take place.

A relationship with a partner

The family-life exception may apply if all of the following are true:

• You have a genuine and ongoing relationship with your partner.
• Your partner is British or settled in the UK. Settled means they have permission to live in the UK permanently.
• Your partner lives in the UK.
• Your relationship did not begin when you were living in the UK without permission or when your immigration status was precarious.“Precarious immigration status” means that you only had temporary permission to stay in the UK or your immigration position was uncertain.
• It would be unduly harsh for your partner to move to the country where you would be deported.
• It would also be unduly harsh for your partner to stay in the UK without you.

If your relationship began while you were living in the UK without permission, or while your immigration status was precarious, you may not meet this family-life exception.

However, this does not mean your relationship cannot be considered. It may still be important when the Home Office considers whether there are other very compelling circumstances.

Other very compelling circumstances

Even if you do not meet all the requirements of the private-life or family-life exceptions, you may still be able to argue that deportation would breach your Article 8 rights.

To do this, you must show “very compelling circumstances”. This means exceptionally strong reasons why deporting you would breach your rights.

The Home Office or Tribunal must consider your circumstances as a whole. This may include your relationships with children and family members, serious health needs, and the life you have built in the UK.

Several factors may be important when considered together, even if one factor alone is not enough.

If you received a prison sentence of four years or more, you must show very compelling circumstances over and above those described in the private-life and family-life exceptions.

Refugee and other human rights protections

The Home Office should not make a deportation order if deporting you would breach the UK’s obligations under the Refugee Convention or the European Convention on Human Rights.

For example, deportation may be unlawful if you would face a real risk of:

• persecution;
• death;
• torture; or
• inhuman or degrading treatment.

These protections are separate from the Article 8 private-life and family-life exceptions explained above.

If you have reasons why deportation would breach your rights, it is important to tell the Home Office about them. We explain how to do this in the Challenging deportation section below.

EU, EEA and Swiss citizens

EU, EEA and Swiss citizens, and some of their family members, may have additional protections against deportation.

The rules depend on:

• whether you have rights under the EU Settlement Scheme or agreements made when the UK left the EU; and
• whether the actions or behaviour that the Home Office is concerned about happened before or after 11pm on 31 December 2020.

The Withdrawal Agreement protects certain EU citizens and their family members. Similar agreements protect certain citizens of Norway, Iceland, Liechtenstein and Switzerland.

Conduct before 11pm on 31 December 2020

If you have rights under one of these agreements, and the conduct happened before 11pm on 31 December 2020, the Home Office must usually apply the older EU law rules.

These rules allow deportation for reasons relating to:

• public policy, which includes protecting the interests of society;
• public security, which includes protecting people’s safety and national security; or
• public health, in certain circumstances.

For deportation on public policy or public security grounds, the Home Office must consider your own actions and whether you currently pose a real and serious threat.

A criminal conviction alone is not enough to justify deportation under these rules. The Home Office must also consider your individual circumstances.

Conduct after 11pm on 31 December 2020

If the conduct happened after 11pm on 31 December 2020, the Home Office will usually apply the general UK deportation rules explained earlier in this guide.

This can apply even if you have settled or pre-settled status under the EU Settlement Scheme.

If the conduct happened both before and after this date, different rules may apply to different parts of your case.

People who are not protected by the agreements

If you do not have rights under the Withdrawal Agreement or a related agreement, the Home Office will usually apply the general UK deportation rules.

This can apply even if the conduct happened before 31 December 2020.

EU Settlement Scheme applications and status

You may have additional rights if you:

• have settled status or pre-settled status under the EU Settlement Scheme;
• have a valid EU Settlement Scheme application that the Home Office has not yet decided;
• have rights connected to an EU Settlement Scheme family permit or another part of the Withdrawal Agreement; or
• are waiting for a decision on an EU Settlement Scheme appeal.

If you have made a valid EU Settlement Scheme application, the Home Office should give you a Certificate of Application. This is a document confirming that the Home Office has accepted your application as valid. It does not mean your application has been successful.

A valid application can give you temporary protection while the Home Office considers it. This protection can also continue during an appeal.

The Home Office can still consider deportation while your application or appeal is ongoing. However, it cannot normally remove you until the relevant application or appeal process has finished. There are some exceptions, which we explain below.

Late applications

If you apply to the EU Settlement Scheme after the deadline, the Home Office must decide whether you have a good reason for applying late. This is called having reasonable grounds for the delay.

The Home Office will not treat your late application as valid unless it accepts your reasons for applying late.

If you have applied late and are facing deportation, check whether the Home Office has accepted your application as valid. Keep a copy of your Certificate of Application and any letters or emails about your application.

Appealing a deportation decision

Some people with settled status, pre-settled status or rights connected to an EU Settlement Scheme family permit can appeal against a decision to deport them.

This is called a Citizens’ Rights appeal.

The Home Office should first give you an opportunity to explain why you should not be deported. If it still decides to deport you, its decision letter should explain whether you have a right to appeal and how long you have to appeal.

A Citizens’ Rights appeal will normally stop the Home Office from removing you while your appeal is being decided.

However, in some cases, the Home Office can decide that your appeal will not stop your removal. This is called certification.

If your case is certified, the Home Office may be able to remove you before your appeal has finished. You may then have to continue your appeal from outside the UK.

If your decision letter says your case has been certified, act quickly. There may be ways to ask a court to stop your removal while your appeal is being considered.

Read more about settled and pre-settled status on our EU Settlement Scheme Toolkit page

Challenging deportation

There are different ways to challenge deportation. Your options depend on your circumstances and the decisions the Home Office has made.

Under the general UK deportation rules, you do not usually have a separate right to appeal against the decision to deport you.

However, you may be able to make an asylum or human rights claim explaining why you should not be deported. If the Home Office refuses your claim, you will usually have a right to appeal against that refusal. There are exceptions, which we explain below.

Some EU, EEA and Swiss citizens have different appeal rights. We explain these in the EU, EEA and Swiss citizens section above.

The table below summarises the different ways someone may be able to challenge deportation.

Not everyone can use all these options. Some may also apply at different stages of the deportation process.

Appealing a refused asylum or human rights claim

If the Home Office refuses your asylum or human rights claim, you will usually have a right to appeal to the Immigration and Asylum Tribunal.

Your decision letter should tell you:

• whether you have a right to appeal;
• whether you can appeal from inside the UK;
• how long you have to start your appeal; and
• whether the Home Office has certified your claim.

Certification means that the Home Office has made a decision that affects your right to appeal, or whether you can stay in the UK while appealing.

Depending on the law the Home Office uses, this may mean that you cannot appeal against the refusal, or that you must appeal from outside the UK.

If you have a right to appeal from inside the UK, the Home Office should not normally remove you while you still have time to appeal or while your appeal is being considered.

Different rules apply if your claim has been certified.

We explain certification and the rules about removal during an appeal in the When the law may stop a removal section earlier in this guide.

Read our Appeals Toolkit page for more information about appealing a Home Office decision.

Judicial review

In some circumstances, you may be able to challenge a deportation decision through judicial review.

A judicial review asks a court or Tribunal to consider whether the Home Office has acted lawfully.

Starting a judicial review does not automatically stop deportation.

If the Home Office has arranged your removal, you may need to take urgent action to ask a court to stop it.

We explain judicial review, court orders that stop removal, and practical steps you can take in the Challenging removal and ACTION: Challenging removal sections earlier in this guide.

Cancelling a deportation order

A deportation order does not normally end when someone leaves the UK or after a certain number of years.

A person can ask the Home Office to cancel a deportation order. This is called revocation.

If you have already been deported, you can ask the Home Office to cancel your deportation order. You must normally make this request from outside the UK.

The Home Office must consider your circumstances, including why you were deported and why the order should no longer apply.

For example:

• Keeping the deportation order may breach your refugee or human rights.
• Your circumstances may have changed, including your family or private life.
• The reasons why the Home Office originally deported you may have changed.

The Home Office must consider each request based on the person’s circumstances. A change in circumstances does not automatically mean the order will be cancelled.

Asking the Home Office to cancel a deportation order

There is no special application form. You can make a written request to the Home Office.

Your request should include:

• your full name, date of birth and nationality;
• your Home Office reference number, if you have one;
• your current address and the country where you are living;
• the date you were deported, if you know it;
• why you want the deportation order to be cancelled; and
• any evidence supporting your request.

You can also ask for your deportation order to be cancelled when you apply for permission to enter the UK. You must clearly say that you are asking the Home Office to cancel the deportation order.

Read the Home Office guidance on cancelling deportation orders for more information, including where to send your request.

New reasons to stay before deportation

If the Home Office has already made a deportation order against you, but you are still in the UK, you may have new asylum or human rights reasons why you should not be deported.

The Home Office must consider these reasons as a request to cancel your deportation order.

If the Home Office refuses to cancel the order, it must also consider whether your new information amounts to a new asylum or human rights claim.

A refusal to cancel a deportation order does not automatically give you a right to appeal. However, you may have a right to appeal if the Home Office refuses a new asylum or human rights claim.

Telling the Home Office about new reasons does not automatically stop your deportation.

If the Home Office cancels your deportation order, this does not automatically give you permission to enter or stay in the UK. You may still need to apply for immigration permission.

Supporting people facing removal and deportation

Friends, family members, community groups and other supporters can play an important role when someone is facing removal or deportation.

Supporters can help by:

• contacting legal organisations;
• collecting and organising documents;
• contacting the person’s MP;
• keeping trusted people informed;
• helping with children, dependants, pets or belongings;
• keeping track of deadlines and Home Office letters; and
• providing emotional and practical support.

People have also organised collective action to challenge removals and deportations. This includes contacting airlines, raising concerns with passengers and organising public campaigns.

Sometimes, collective action can stop or delay a removal attempt. This can buy someone more time to gather evidence or take urgent legal action.

However, stopping one removal attempt does not mean the Home Office has stopped trying to remove someone. It may arrange another attempt.

The person facing removal or deportation should be involved in decisions about any campaign wherever possible. Their wishes, safety and privacy must come first.

Passenger flights and charter flights

The Home Office uses different types of flights to remove or deport people.

Passenger flights

These are ordinary flights that members of the public can book.

The Home Office may arrange for security staff, called escorts, to travel with the person being removed or deported. Other passengers may not know that someone on their flight is being removed against their wishes. 

Sometimes, passengers notice what is happening and raise concerns with airline staff or take collective action.

Charter flights

A charter flight is an aircraft hired for a particular journey. The Home Office uses charter flights to remove or deport groups of people.

Ordinary passengers do not travel on these flights.

The Home Office may also give people less information about their planned flight. This can make it harder for people and their supporters to find out which airline is involved.

Agreeing what information can be shared

Before organising a campaign, speak to the person facing removal or deportation wherever possible.

Agree:

• whether they want a campaign;
• whether their name or photograph can be shared;
• what information about their case can be shared;
• whether the campaign should be public or private;
• whether their family members can be contacted; and
• who will coordinate the campaign.

Do not assume that someone wants their story made public.

Information about someone’s immigration case may include experiences of violence, persecution, health problems or other private matters.

Sharing this information without their agreement can put them or their family at risk.

The person should understand what information will be shared, who will receive it and what the campaign may involve. They should also be able to change their mind.

Contacting airlines and organising phone campaigns

In some cases, supporters contact an airline and ask it not to carry someone who is being removed or deported against their wishes.

People may organise a phone campaign, where several supporters contact the airline to raise concerns. They may also send emails or contact the airline through its official social media accounts.

Check the person’s Notice of Departure Details for information about the planned journey, including:

• the departure date;
• the destination;
• any stops during the journey;
• the flight number;
• the departure airport; and
• the departure time.

The notice may not include all this information.

Use the airline’s official website to find its contact details. When contacting the airline, you can explain:

• that the Home Office plans to remove someone against their wishes;
• the date and flight number, if known;
• why there are concerns about their safety or treatment;
• any urgent medical concerns the person has agreed can be shared; and
• that you are asking the airline not to carry the person.

You can ask the airline to pass your concerns to the pilot, who is also called the aircraft commander.

The pilot is responsible for the safety of everyone on the flight. Under aviation rules, the pilot can refuse to carry someone being deported if they believe doing so would put anyone on board at risk. You can read these rules here. 

For example, there may be concerns about someone’s health, the use of physical force or whether the person can travel safely.

This means the pilot can decide not to carry someone, even if the Home Office has arranged their removal. However, the pilot does not have to stop a removal simply because someone objects to it.

You do not have to share your own name when raising a general concern as a member of the public. Only share the person’s name, Home Office reference number or other personal information if they have agreed.

Keep records of emails, calls and responses. Share any important information with the person and their agreed supporters.

Passengers who witness a removal or deportation

Sometimes, passengers witness a removal or deportation while travelling on an ordinary flight.

They may notice someone being escorted by security staff, hear someone saying they do not want to travel, or witness someone being physically restrained.

Passengers can raise concerns about what they see.

For example, they can:

• speak to cabin crew about their concerns;
• ask for their concerns to be passed to the pilot;
• ask whether the person needs medical attention or other support;
• report concerns about the use of force; and
• make a record of what they witnessed.

Passengers have also taken collective action to challenge deportations.

In some cases, passengers have spoken to others on the flight, protested publicly or refused to sit down. These actions have sometimes delayed flights or stopped individual removal attempts.

However, refusing to follow instructions from airline staff can carry legal risks. If you decide to do this then you may be removed from the aircraft, arrested or face criminal charges.

If someone wants to record what is happening, they should consider the person’s privacy and the airline’s rules. Do not publish photographs, videos or personal information that could identify the person facing removal without their agreement.

Campaigning at airports

Supporters have also organised demonstrations at airports or spoken to passengers before they board flights.

For example, they may explain that someone is being removed against their wishes and ask passengers to raise concerns with the airline.

Airports have strict security rules, and many areas are private property.

Airport protests can carry legal risks, including arrest. People whose immigration status is insecure may face additional risks.

Think carefully about these risks, and make sure the person facing removal has agreed to any campaign involving their case.

Buying time and continuing support

Stopping or delaying a removal can give someone important time to take further action.

For example, they may be able to:

• contact legal organisations;
• gather new information or evidence;
• make an asylum or human rights claim, where appropriate;
• ask the Home Office to reconsider its decision; or
• take urgent legal action to try to stop removal.

However, the Home Office may arrange another removal attempt, sometimes without giving another full notice period.

Airline campaigning does not automatically stop removal or create a legal reason why removal cannot take place.

If a removal attempt does not go ahead, supporters can help the person check for new notices, understand any deadlines and continue challenging their removal.

The person facing removal or deportation should remain at the centre of decisions about what happens next. Collective action should respect their choices and support them in deciding what they want to do.

 Examples of collective action against removals and deportations

We do not have to stand by while people are forcibly removed or deported. Across the UK, people have acted together to challenge removals and show solidarity with those facing deportation.

Passengers have spoken out and refused to sit down on flights. Pilots have refused to carry people facing deportation. Supporters have organised phone campaigns to pressure airlines, and campaigners have taken direct action to stop charter flights.

These actions have made a difference. They have stopped removal attempts, challenged the involvement of airlines and sometimes bought people precious time to find legal support, gather evidence or take further action.

Stopping one removal does not always mean someone is safe from deportation. But the examples below remind us that our actions matter. Collective solidarity can protect people, create opportunities to challenge injustice and sometimes save lives.

We are not powerless, and we do not have to look away.

2025: The #FreeFatou campaign stopped three removal attempts

In 2025, the Right to Remain and These Walls Must Fall campaign, alongside Fatou’s family, friends and other community groups, organised to stop the removal of Fatou, one of our campaign members.

Fatou was detained after attending a routine Home Office reporting appointment in Liverpool.

Supporters organised protests, contacted MPs and airlines, signed petitions and raised money to support her legal case. You can read the #FreeFatou petition, which brought together more than 25,000 supporters and includes updates about the campaign.

On 21 April 2025, campaigners from No To Hassockfield stopped a vehicle from collecting Fatou from Derwentside detention centre, giving her lawyer time to take urgent legal action.

The campaign continued, with further removal attempts stopped through collective action and legal challenges.

After three attempted removals and nearly two months in detention, Fatou was released on 18 June 2025.

The #FreeFatou campaign shows how communities can organise together, share knowledge and take action to stop removals and support people facing detention.

2017: A pilot refused to carry someone facing deportation

Campaigners went to Heathrow Airport to tell passengers that an Afghan asylum seeker, Samim Bigzad, was being deported on their flight.

Passengers raised concerns with airline staff. The Turkish Airlines pilot refused to carry him, and that removal attempt was stopped.

The Home Office later tried to remove him again. His supporters and lawyers continued challenging his removal.

Read more about Samim here. 

2017: Campaigners stopped a charter deportation flight at Stansted Airport

Fifteen campaigners took direct action at Stansted Airport to stop a Home Office charter flight carrying people facing deportation.

The flight was cancelled. The campaigners, known as the Stansted 15, were arrested and later convicted of an aviation security offence. Their convictions were overturned by the Court of Appeal in 2021.

Read more here. 

2021: StopTUI campaign

The StopTUI campaign brought people together across the UK to demand that TUI stop operating deportation flights for the Home Office.

Campaigners organised protests in towns and cities across the country, alongside phone blockades, emails and social media actions to put pressure on the company.

By early 2022, TUI had not operated a known deportation flight for more than six months. Read more here

2023: Passengers protested a deportation on a British Airways flight

Passengers on a flight from Gatwick to Jamaica protested after witnessing a man being restrained by security escorts.

The deportation attempt was stopped, and the man was taken off the flight. However, the Home Office later arranged another deportation attempt. Read more from the passenger’s perspective here.