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.

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following document on the UK interpretation of these guidelines may be of use - but I have no idea if this has been superseded.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

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 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

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).

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.

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

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.

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?

Free trip home to see the family?

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>?

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.

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...

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.

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.

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.

Hello again. Somebody of you said I should contact to embasy, So I did it and they didnt know nothing, but they write me to send revocation of deportation order email to Warsaw Embassy because there is immigration officers and they gonna help me. So I sent it there but then they told me sent a letter directly to Home office. So I sent there and did not get any answers, so I write it back to embassy and then they give me to difrent adress where I must sent my letters. So yesterday I get a lettter from Home Office and I dont understand, its looks like I can back, but Im not sure. So im gonna write a letter and I hope somebody gonna explain it to me.
''Thank you for your letter of 4 February 2015 applying for revocation of the deportation order made against you.
A deportation order was not issued against you on this occasion and you were administratively removed from the UK. There are currently no restrictions in place preventing you from visiting the United Kingdom.
As an EEA national you and your family will need to satisfy the immigration Officer on arrival that you qualify for entry to the United Kingdom by either exercising your rights under the Immigration (European Economic Area) Regulations 2006 as amended, or in a category within the Immigration Rules.
I should warn you however that if you should come to adverse notice in the future, the Secretary of State will be obliged to give further consideration to the question of whether you should be deported.''
Please explain it to me. Its important to me I will be grateful.

I don't get how this topic at all pertains to flying other than that this appears to be the most convenient mode of transport to the UK? I wasn't aware Flyertalk is a "how to beat your country's immigration system" forum.

FT is about travel.
A big part of travel for many people is visa and/or imigration concerns.

A factor which can affect that is previous contact with a country, and/or questions about their policies.

Accordingly I don't think this is off-topic.

Further, if you look at the OPs post - they have asked how long they can not enter for, and if there is a legal barrier to their re-entry.

As such, I don't think it is fair to characterise it as: "how to beat your country's immigration system"

Some people have pointed out historic soft routes, but, to be honest that is something well known and everyone talks about (1) implementations, and (2) possible weaknesses in everything.
A part of good security is openly discussing weaknesses.

It looks like they have said:

(1) You were NOT 'deported'.
(2) So there is no legal barrier on you as an individual entering the UK, however - like anyone else:
(3) You need to qualify for entry. Assuming you are Lithuanian and have an EU passport/ID card, then this should be fine.
(4) They are saying IF you do something again which makes you undesirable (example: you comit another crime, etc) then they might decide next time to officially legally deport you - which would then present problems for returning again after that.

I would expect substantial scrutiny if/when you return to the UK.

David-A thanks mate for your answer.
I thought same when I read it but I was not sure. Still I dont understand then why they send me back to my country if I can back any time. My cell mate said I gonna face ban for 5years.
Markie can you explain simple way, please. Not sure do i get it right.

I think you may be better off seeking legal advice before coming back. You've been given advice that your removal was not a deportation subject to time limits, but I agree with Markie in that I would expect stricter scrutiny if you try to reenter at this point. According to this document (which may not pertain exactly to your situation but which lays out some of the procedures undertaken to determine whether deportation or administrative removal is more appropriate), it's very possible that your cell mate faced deportation while you were looking at administrative removal; proportionality is required so it all depends on individual circumstances.

Microwave thanks for your opinion. My cell mate was english.(im not sure from where he get that information)
So you think they can removed me again?

Perhaps, but as to the OP, he or she is taking but not giving. His/her only posts are in this thread and seem to be centred on obtaining free personal legal advice - not contributing in any way, despite the fact that it's been over a year since the first post. It's all about me, nothing about the wider community.

I always understood that Flyertalk is about sharing information and helping others - not be an exclusive club and only help those who contribute.

If someone finds themselves in a weird situation, and is asking for help, such as the OP, and maybe has nothing to contribute, I don't think its corrrect to complain about taking and not giving.

Perhaps, but there's a certain track record if you read the back story.

Sorry I misread, I thought your cell mate faced deportation, but it seems he was only giving you legal advice. Worth what you paid for it, I would say. :( Honestly I don't think anyone here can definitively answer your questions.

It is very likely that he doesn't know what he is talking about. You are best off consulting an immigration lawyer.

If you cannot do that, you *may* wish to consult a more specialist board, like www.immigrationboards.com. Someone may have already been in your situation.

I agree with you 100%.

I agree with this as well. The OP is best off consulting an immigration lawyer, perhaps a UK-based immigration charity, or someone with more specialised knowledge of immigration law.

I know someone who works in prison education. Lots of prisoners have all sorts of weird and wonderful interpretations of the law, many of which only have at best a tangential relationship to reality...

Plenty of people read but never register, or only register years after they started reading.

Additionally, maybe they have not yet seen something they feel they know the answer to and can then contribute. Personally I read for years before contributing. What prompted me to register? - there was finally something that I knew the right answer to, that nobody else seemed to have, so I could contribute. (There were plenty of other things that could have provoked this, but someone had always already answered by the time I read it.).

Finally, in many respects a question is also a contribution. Especially if it is not an unreasonable question and to the point.
This thread to me is far more desirable than the ones that crop up in the Europe section with people (effectivly) saying 'plan my vacation for me'.

Thanks guys for answers.
Its sad when you get a letter from Home Office, and you wait for it all year and you still dont know you can go back to UK.
Actualy a red it in this forum a little past few days. There you can find some intresting things. Everybody here is great they answering every questions and are very honest. So I will come here from time to time to read something.
lhrsfo I know you think Im another dumb east european who not good for your country. But im not like others from my country. Sometimes people makes wrong decisions.

Based on just what you posted, you can easily go back to the UK; but there is a chance that the UK passport control officials will investigate you on arrival more than most other legitimate EU passport users.

This is not confined to the incarcerated population, especially when it concerns immigration law.

I haven't a clue how it'll affect the OP's situation but if they've served four months in prison for committing a crime in the UK then the UK immigration people are bound to think your chances of finding a job aren't going to be very high. Or are they not bothered about such things if you're an EU citizen nowadays?

I'm a bit late to the party, but no routine checks ≠ perfectly legal.

Except for British and Irish citizens, those who "merely passed through the Republic of Ireland" and several other groups do require leave to enter the UK. See para 15 of the Immigration Rules.

EU citizens do not require leave to enter the UK.

The penny has just dropped...

As I said, EU nationals do not require leave to enter the UK.

- EU nationals have a right to enter the UK unless they have been declared inadmissible.

- The OP has NOT been declared inadmissible (the letter from the Home Office confirms this)

I can't see how they can keep him out!

The letter from the embassy says there is no restriction on you entering the UK, so you may come and go as if you were any other EEA citizen, such as any other Lithuanian citizen. You'll need your passport or equivalent, same as any other EEA citizen.

The part which says "I should warn you however that if you should come to adverse notice in the future, the Secretary of State will be obliged to give further consideration to the question of whether you should be deported" is simply threatening that the UK authorities may deport you if you are involved in any crimes or similar there in future. If they did actually deport you in future, then you would be prevented from entering the UK after that.

I'm going to assume you are not going to do that and then you can come here as you wish. I hope your next stay in the UK goes better than your first one and best of luck!

Thanks guys for answers!

This. ^

EU Nationals have a default RIGHT to enter another EU state unless specifically excluded.