“We will send you packing”: A Look at The Government’s Plan for Immediate Deportation of Foreign Criminals

“If you abuse our hospitality and break our laws, we will send you packing”, these are the words of Lord Chancellor and Justice Secretary, Shabana Mahmood in addressing the Government’s push to change the law to allow for immediate deportation of convicted foreign criminals.

On 10 August 2025 an article was published on Gov.uk from the Ministry of Justice, Home Office, and The Rt Hon Shabana Mahmood MP. This publication outlined that foreign criminals are set to face immediate deportation for the first time after sentencing. This change is part of the Government’s push to strengthen border security in accordance with their Plan for Change.

This blog aims to outline the current deportation framework, the recent and proposed changes to the law, and what this means for foreign nationals convicted of a criminal offence.

The Law

The power of deportation is primarily set out in the Immigration Act 1971 and the UK Borders Act 2007. Pursuant to the Immigration Act 1971 a foreign national (who is not an Irish citizen) is liable for deportation if:

1. They have been convicted of a criminal offence for which they have received a custodial sentence of at least 12 months; or
2. The Secretary of State otherwise considers that the deportation of the foreign national is conducive to the public good; or
3. They are the spouse, civil partner or child aged under 18 of a foreign national who is, or has been ordered to be, deported.

Whilst this appears to be quite straightforward, there are other considerations when deportation is involved. A deportation order should not be made if a foreign national’s removal from the UK would be contrary to the UK’s obligations under the Refugee Convention or the Human Rights Convention. Section 32 of the UK Borders Act 2007 covers automatic deportation and Section 33 enshrines exceptions.

This means that where a foreign national has been convicted and receives a custodial sentence of at least 12 months, the public interest requires deportation unless it would infringe on their Convention right to private life or family life or there are very compelling circumstances which mean removal would be contrary to the Human Rights Act 1998.

Exceptions

Article 8 of the Human Rights Act 1998 enshrines the right to respect for private and family life. This mirrors Article 8 of the European Convention on Human Rights. It stipulates:

1. “Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

The Immigration Rules outlined by the Home Office stipulate that the exception to private life is met where:

1. the foreign national has been lawfully a resident in the UK for most of their life; and
2. they are socially and culturally integrated in the UK; and
3. there would be very significant obstacles to their integration into the country to which they are to be deported.

It also stipulates that the exception to family life is met where a foreign national has:

a. A parental relationship with a child that meets all the following requirements:

• • the relationship is genuine and subsisting; and
  • the child is either a British citizen or has lived in the UK continuously for at least the 7 years immediately before the date of the decision to make the deportation order; and
  • the child is at the date of the decision to make the deportation order resident in the UK; and
  • it would be unduly harsh for the child to live in the country to which the foreign national is to be deported; and
  • it would be unduly harsh for the child to stay in the UK without the foreign national who is to be deported.

b. a partner relationship that meets all the following requirements:

• • the foreign national’s relationship with the partner is genuine and subsisting; and
  • the partner is either a British citizen or is settled in the UK; and
  • the partner is resident in the UK; and
  • the relationship did not begin when the foreign national to be deported was in the UK unlawfully or when their immigration status was precarious; and
  • it would be unduly harsh for that partner to live in the country to which the foreign national is to be deported; and
  • it would be unduly harsh for that partner to stay in the UK without the foreign national who is to be deported.

One might wonder whether any change will come about given these exceptions. This is something which has been addressed by the Government who state their White Paper also includes plans to introduce legislation that tightens the application of Article 8 of the European Convention on Human Rights and sets out reforms to make it easier to remove foreign criminals convicted of any offence before the threat they pose escalates.

The Goal 

In May of this year the Independent Sentencing Review recommended the law changes so most foreign prisoners could be deported after serving 30% (opposed to the current 50%) of their prison time. This was addressed by the Government in June of this year when they laid secondary legislation which is expected to come into force in September.

With the Government’s new proposal, this would reduce the time required to be served down to 0%.

The Government has proposed this new power with the goal of getting foreign national offenders out of UK prisons, saving money for British taxpayers, and protecting the public from dangerous criminals.

With the prison system bursting at the seams, the Government hopes the deportation of foreign nationals who have been convicted of a criminal offence will ease the burden that is currently being placed on the prison system. Offenders who are deported will also be permanently banned from re-entering the UK, which will undoubtedly allow victims and the wider public to breathe a sigh of relief.

Alongside deportation for foreign offenders, the Government is looking to strengthen law enforcement, border security and returns, with a “ground-breaking” new returns treaty with France being proposed which will see small boat arrivals detained and returned to France.

These steps taken from the Government send a clear message: The UK taxpayer should not have to foot the bill for giving bed and board to foreign criminals with no right to be here. Our laws must be respected and will be enforced.

Significant Increase in Deportation

Since July 2024 almost 5200 foreign national offenders (FNOs) have been deported. This marks a 14% increase over the last 12 months. The Government has also invested £5,000,000 for the deployment of specialist staff to almost 80 jails for the purpose of speeding up removals. This increase signifies the Government’s commitment to deliver on the public’s priorities for border security and to make streets safer.

As foreign offenders make up 12% of the total prison population (costing £54,000.00 each per year), the measures which are being put into place aim to ensure that taxpayer’s money will not be wasted on incarcerating foreign criminals.

What’s Next? 

The proposed changes are not yet in place, as these changes will require primary legislation to bring them into force. If the measures are enacted, it would apply to all foreign national offenders already in custody as well as those newly sentenced.

While this proposal will likely be welcomed by many, it does raises potential legal questions surrounding compatibility with human rights obligations and procedural safeguards.

For legal professionals working in the immigration sector, particularly those who deal with deportation, the proposed changes could signify a material shift in how deportation challenges are made.

How Can Olliers Help?

At Olliers Solicitors, we are nationally recognised for our expertise in defending the full spectrum of criminal offences, many of which carry the minimum prison terms required for deportation.

If you are a foreign national facing a serious criminal allegation which could result in your deportation, it is essential to act quickly and decisively. Contact Olliers Solicitors today for a confidential consultation with one of our specialist lawyers.