09/06/2026
Deportation After 20 Years in the UK? An Overlooked Aspect of the Law
Last week, I appeared as counsel (barrister) for a young man at a successful bail hearing before a court in London. After a lengthy period of detention, the news of his release brought immense joy and relief to his family, relatives, and young children. The tears of emotion I witnessed in their eyes upon the prospect of reunion were extraordinary and beyond words.
This is not something new for me. Over more than two decades in this profession, I have secured the release of hundreds of individuals from prisons and immigration detention centres across the United Kingdom, preventing many from being removed from the country. I have seen countless scenes of joy shared by clients, their families, and friends. Throughout my career, there has hardly been a day or week at my London chambers when grateful clients have not sent sweets or biryani to express their appreciation. Some even bring home-cooked meals or food from their restaurants for everyone in chambers.
This particular case, however, is somewhat different. I am not sharing it merely for the story itself, but to highlight certain experiences and legal realities that may be useful to those who are living in, or planning to come to, the United Kingdom.
The young man in question was sentenced to almost two years’ imprisonment for a criminal offence. He was not convicted of murder, r**e, drug offences, terrorism, or fraud. Rather, he became involved in an offence without fully appreciating the serious consequences that could follow, and in attempting to help a friend, he found himself caught in a trap. The case was reported in national newspapers across England.
My client spent almost a year in prison and was then transferred to an immigration detention centre pending deportation to his home country. Following a hearing, and despite strong objections from the Home Office Presenting Officer, the court granted him bail after hearing my submissions.
However, this does not mean that his legal battle is over. Under the current legal framework, there is generally no right of appeal against the deportation order itself. Nevertheless, because his family lives in the UK, he is pursuing a human rights appeal based on his family life rights. Such appeals require considerable preparation and take time. If the appeal is unsuccessful, he will ultimately be deported.
Should that happen, he would be forced to leave behind his wife, young children, parents, grandparents, in-laws, relatives, and friends. Under the law, if he were deported, any application to return to the UK within ten years would ordinarily be automatically refused. Even after that period, success is not guaranteed.
Sadly, this young man is polite, religious, devoted to his elderly parents, and had no previous criminal record. Several years ago, he became eligible to apply for British citizenship but did not prioritise doing so. Had he become a British citizen, this particular offence would not have resulted in deportation proceedings.
Under current UK law, a person who has lived in the United Kingdom for twenty years and even holds indefinite leave to remain may still face deportation if they receive a custodial sentence of twelve months or more. The Home Secretary may determine that the individual’s presence in the UK is not conducive to the public good and issue a deportation order.
Applications for immigration bail in such cases are considerably more complex than ordinary immigration bail matters and require extensive preparation.
One similar case involved a young man who came to the UK from Bangladesh on a work visa with his family. While driving using a Bangladeshi driving licence, he was involved in a fatal collision with a pedestrian at a zebra crossing. He received a prison sentence and, after serving part of that sentence, became subject to deportation proceedings. Because his family, including children, remained in the UK, I accepted instructions in his case.
Another category of case I have dealt with involves extradition proceedings. In one such matter, I successfully appealed against an order seeking to return my client to his home country so that he could serve a sentence imposed in the United Arab Emirates. Had the appeal failed, there was a real possibility that he could have lost his life. That case also received media attention.
Based on my experience, I would like to share several important observations:
1. The joy and relief experienced by families upon being reunited after a lengthy separation are truly extraordinary and impossible to describe adequately. No family wishes to be separated from a loved one.
2. Throughout the bail and appeal process, entire families—particularly parents—often endure immense emotional stress, anxiety, and suffering.
3. People should understand that the consequences of criminal convictions can be far more far-reaching than they imagine. Once the UK Government concludes that an individual’s presence is contrary to the public good, that person’s future may be severely affected, and separation from family may become a reality, even where they have otherwise led a respectable life and have no previous convictions.
4. In cases involving dual nationals, British citizenship itself may be revoked where serious conduct such as terrorism, organised crime, r**e, murder, or other activities contrary to the public good is involved.
5. Before coming to the UK, new migrants—including students, skilled workers, and visitors—should familiarise themselves with the laws of this country. They should be aware that:
• Physical abuse of a spouse, child, or any other person may result in police intervention and criminal proceedings;
• Indecent or sexually inappropriate behaviour can constitute a serious criminal offence;
• Sexual activity with a person under the age of 16 is generally a criminal offence, regardless of consent, and offences involving children under 13 may amount to r**e;
• Credit card fraud and loan fraud are criminal offences;
• Driving without the appropriate licence or insurance is unlawful;
• Bringing individuals to the UK on work visas and exploiting them in conditions amounting to modern slavery is a serious criminal offence;
• Benefit fraud and dishonestly obtaining government assistance are criminal offences;
• Money laundering is a criminal offence.
I mention these matters because immigrants are frequently convicted of such offences, often without fully appreciating the seriousness of the legal consequences.
There are many other legal obligations and offences that can easily be researched online. It is far better to be informed and cautious before problems arise.
Monwar Hossain
Barrister-at-Law
Head of Chambers,
MH Barristers
London
NB: The accompanying image is not a real photograph and has no connection to any actual case or individual. The factual background described above has been modified, and no names or court locations have been included in order to preserve confidentiality.
