I am an Irish citizen the UK being deported !!! please help

[juju]

Can anyone give me any advice. I am an Irish citizen since 2004 because I am married to an Irish lady - I am an Arab by birth. I made a mistake in my life and ended up serving a prison sentence for deception. I thought I was going to start my life again but received a letter from the Home Office to say they were considering deporting me back to my home country.

Do you know if they can do that? And why would they not deport me to Ireland as I am an Irish citizen?

[badboyz]

why not just return back to Ireland

[Rogerio]

Does the HO know you're Irish?

[juju]

i sent a fax (to the HO) as soon as i received the letter with my irish citizen number and have arranged to see a solicitor on thursday. i have only ten days to reply that's why i was trying to get as much advice as possible. it is impossible to get through to anyone at the home office by phone so i'm waiting for a letter to arrive before i know more.

[Rogerio]

You're right in seeing a solicitor. I guess this matter may be way too complicated to be resolved here, but maybe others can chip in.

Best of luck to you.

[Dawie]

I don't really see how they can deport you if you are an Irish citizen.

[badboyz]

Do you have a irish passport or irish resident

[Rogerio]

From the European Union Website:

http://europa.eu.int/youreurope/nav/en/ ... ml#12649_6

EXCEPTIONS TO THE RIGHT OF RESIDENCE
An EU country is entitled to refuse to issue or renew your residence permit, or to require you to leave its territory, if your actions constitute a serious threat to public order or public security. However, having a criminal record is not, in itself, sufficient grounds to justify such a measure automatically.

An EU country is also entitled to refuse to issue you with a residence permit on public health grounds, but only in strictly limited cases involving certain diseases. You may therefore be required to undergo a medical examination before your first residence permit is issued.

If an EU country takes any decision in relation to your residence on grounds of public order, public security or public health, you must be told the reasons for the decision. You must also be given sufficient time to prepare a defence and submit an appeal.

For more information, see, depending on your circumstances, the guides ‘Working in another country of the European Union’ or ‘Studying, training and doing research in another country of the European Union’.

[Dawie]

Bear in mind that there is no immigration control between the Republic of Ireland and the UK and that in practical terms there is no way they can prevent you from either visiting or living in the UK if you are an Irish citizen.

[badboyz]

Chapter 12 - Persons liable to deportation 12.1

http://72.14.203.104/search?q=cache:40A ... =clnk&cd=1

[John]

Juju, I suspect you are one of the 1000 or so people released from prison who is such a problem for the Home Secretary at the moment.

The fact that you are a citizen of another EU citizen does not stop you being deported. Clearly this is developing into something of a witchhunt at the moment, the assumption being made in the media that all of the non-UK citizens released from prison should be deported, but the reality is that it will just not work out that way.

[Dawie]

John, I agree with you that being an EU citizen does not necessarily exempt one from being deported, however, how would this work in any practical way seeing as the travel documents of EU citizens are not subjected to anything more than a cursory glance upon entry to the UK?

[juju]

it's given me something to focus on while i wait to see what happens

yes i have an irish passport - to the person who asked

[Dawie]

Are you still a citizen of your country of birth?

[Joseph]

John, I agree with you that being an EU citizen does not necessarily exempt one from being deported, however, how would this work in any practical way seeing as the travel documents of EU citizens are not subjected to anything more than a cursory glance upon entry to the UK?

Since I naturalised and received my British Passport last December, I was surprised to see how much it was scanned when entering the UK and entering and leaving other EU countries. In fact, I noted that it was scanned about 80% of the time. I think the days of the cursory glance are over!

Of course, there are no checks between Ireland and the UK for now, so if you enter and leave the UK via Ireland there shouldn't be problems.

Joseph

[JAJ]

Can anyone give me any advice. I am an Irish citizen since 2004 because I am married to an Irish lady - I am an Arab by birth. I made a mistake in my life and ended up serving a prison sentence for deception. I thought I was going to start my life again but received a letter from the Home Office to say they were considering deporting me back to my home country.

Do you know if they can do that? And why would they not deport me to Ireland as I am an Irish citizen?

Irish citizens are subject to deportation, pretty much like any other non-British citizen without Right of Abode.

However, you should contact the Irish Embassy in London for consular assistance in dealing the British authorities. They should be able to insist you are not sent to any other country.

As others have noted, there are no formal immigration controls between the United Kingdom and Republic of Ireland. However, an Irish citizen who enters the United Kingdom in defiance of a deportation order may well be committing an offence and subject to arrest and further prosecution in the UK (seek legal advice on this point). Needless to say, if this is the case, then Northern Ireland is of course off-limits too.