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-   -   Deportation (https://www.flyertalk.com/forum/u-k-ireland/1583476-deportation.html)

mcgyver9 Jun 7, 14 6:28 am

Deportation
 
Hello, I was living in England and I did a crime(car burglary). I was sent to prison for 4 months. After 2 weeks officers ask me ''do i want back to my country? and said yes'', I sign deportation papers(with my own will, I can do not sign). So when my sentence over. I been removed from uk and sent back to my country. Im Lithuanian(Europe union). I want to know for how much time I get ban. When I can back to uk. Thank you for answers.

stut Jun 7, 14 7:37 am

Hi mcgyver9,

Welcome to Flyertalk.

I suspect the answer is going to be tricky - the EU has freedom of movement, and the restrictions on this are fairly general.

The following document on the UK interpretation of these guidelines may be of use - but I have no idea if this has been superseded.

https://www.whatdotheyknow.com/reque...20FOI27127.pdf

Often1 Jun 7, 14 7:38 am

The chances that you will be admitted to the UK are zero or worse. "Public security" is a broad-based exception to your Right of Movement and a conviction for a crime which actually involved a prison term fits right into the exception. You also need to realize that your conviction in the UK will affect your ability to travel elsewhere as well, although you will need to look at exactly how "public security" or its equivalent is handled.

stut Jun 7, 14 7:40 am

To others, please refrain from making personal comments towards the OP, regardless of your feelings about their past actions. I have already deleted some posts, but will lock the thread if this continues.

If in doubt, please refer to the Flyertalk TOS:

http://www.flyertalk.com/help/rules....sivedisruptive

stut
Moderator
UK & Ireland

B747-437B Jun 7, 14 7:56 am


Originally Posted by Often1 (Post 22992976)
The chances that you will be admitted to the UK are zero or worse. "Public security" is a broad-based exception to your Right of Movement and a conviction for a crime which actually involved a prison term fits right into the exception. You also need to realize that your conviction in the UK will affect your ability to travel elsewhere as well, although you will need to look at exactly how "public security" or its equivalent is handled.

To the contrary, the chances that you will be denied entry to the UK are very slim (with the caveat below). There are still perfectly legal routes into the UK as an EU national (eg. travel to Dublin and take the ferry to Wales) which have zero routine checks. Until you have been served with/notified of an actual exclusion decision/exclusion order, your Right of Movement remains in place, regardless of previous criminality.

Now, if the OP was removed under the FRS (Facilitated Removal Scheme), then they would have received notification of the exclusion decision at the time of being granted their release under that scheme. If so, the exclusion would usually be for the period of 24 months from the date of exit (unless otherwise varied and notified at that time).

Often1 Jun 7, 14 9:53 am

I did not suggest that OP cannot sneak back across a border due to a porous system. But, also don't think that we need to use FT to tell him how to do it.

Aviatrix Jun 7, 14 4:42 pm

The UK is not the USA. We don't have the concept of a "felon". Criminal convictions (except for the most serious ones) are deemed "spent" after a certain number of years. For a four-months prison sentence that period is seven years.

As regards deportation - current policy with regards to EU citizens is


The Sec of State’s policy is that no EU citizen should be deported unless the prison term is 2+ years, R v Kluxen 2010 EWCA Crim 1081.
Source: http://ukcriminallawblog.com/2013/02...ign-criminals/

And this doesn't mean that anyone with a prison sentence of more than two years is automatically deported, it means that no one is ever deported unless their prison sentence is two years or more. And from what the OP is saying he left voluntarily.

mcgyver9, I would check with the British Consulate to see if you have to stay out of the country for seven years or if you can come back sooner. My guess is that it's the latter.

OverThereTooMuch Jun 7, 14 7:09 pm

If a person does not have to agree to be deported, why would they do so willingly?

Looks like the OP served their sentence already. So it's not like there's a reduction in punishment. Does this just avoid another hearing about involuntarily deportation?

Andy33 Jun 8, 14 12:53 am


Originally Posted by OverThereTooMuch (Post 22995424)
If a person does not have to agree to be deported, why would they do so willingly?

Free trip home to see the family?

mcgyver9 Jun 8, 14 2:56 am

I found there: http://righttoremain.org.uk/toolkit/re-entry.html

If you left the UK voluntarily and at no public cost, the length of the re-entry ban is one year
If you left the UK voluntarily within six months of exhausting all your appeal rights or being told you would be removed from the UK but at public cost, the ban is for two years
If you left the UK voluntarily more than six months after exhausting your appeal rights or being told you would be removed from the UK and at public cost, the ban is for five years
If you were forcibly removed/deported from the UK, the ban is for ten years
If the Home Office has decided you used deception (and this has not been successfully challenged in court) in your application – whether or not your application was successful – the ban is for ten years
Wich one is for me>?

Markie Jun 8, 14 5:42 am

Depending on where the conviction occurred the prison sentence could have been a deterrent. For example, in Central London, courts regularly give pickpockets an immediate custodial sentence of 8-10 weeks for a first time offender pleading guilty.

There are also some forms of order where the convicted person agrees to leave the UK and not to return, although it is unusual for these to be combined with a prison term.

Aviatrix Jun 8, 14 7:56 am

Thinking about it a bit more... maybe there is more to the story than the OP is willing to admit? Maybe this wasn't a first offence?

I understand that by and large it is still quite rare for someone to be given a custodial sentence for a first offence of this kind...

Silver Fox Jun 8, 14 10:09 am

Speak to the UK government. Anything else here is purely speculation as no-one knows the true details of your crime here, nor the papers you signed.

Aviatrix Jun 8, 14 1:12 pm

mcgyver9. the site you link to appears to refer to people who were deported for immigration violations (overstaying their visa, entering the country illegally etc). I don't think it applies to someone in your situation.

You need to talk to an immigration lawyer, or the British Embassy/Consulte. As the previous poster said, we just don't know enough.

garethlewis Jun 13, 14 9:12 am

basically as a Lithuanian national you have free movement to travel to the UK but with your conviction they could deny you entry on the basis of you being convicted of a serious crime - truthfully you would need to have supporting evidence that you are travelling temporarily and have intentions to go back to your home country.


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