The UK Home Office has clarified which groups are protected from routine deportation, while setting out the grounds on which other foreign nationals may be removed from the country.
The updated guidance was issued by UK Visas and Immigration. Version 8.0 explains how deportation powers under the Immigration Act 1971 and the UK Borders Act 2007 should be applied.
Who is protected from routine deportation
British citizens are not subject to deportation orders under the framework, which applies to people who are not British nationals.
Irish citizens are also not routinely deported. 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. The guidance says they would typically involve a custodial sentence of at least 10 years.
A third group comprises certain Commonwealth and Irish citizens who were lawfully living in the UK on 1 January 1973. Section 7 of the Immigration Act 1971 provides this group with an exemption from deportation.
When deportation may apply
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.
