I was deported from the UK in 2013. Now I am back in my country, Portugal, working as a international lorry driver. The company I work for often has to load/unload in the UK and in Ireland. Will I be stopped and denied entry, when driving to the UK just for temporary and business purposes? The only way to get to Ireland is through the UK. Can someone clarify, please?

  • 4
    Why were you deported? – robert Oct 20 '16 at 0:50
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    To the extent that there is a deportation order against you, temporary and business-related stays are very much covered and entry would be denied. On top of that, entry in breach of a deportation order is a criminal offense in itself. But deportation has a very specific meaning in the UK: It would typically happen if you had been found guilty of a criminal offense, served your time and then been notified that a deportation order has been taken against you and removed from the country. Is that what happened to you? – Gala Oct 20 '16 at 0:50
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    If you have merely been invited to leave the country (in most cases, as an EEA national, this is what would happen first) or removed, you can certainly come back. – Gala Oct 20 '16 at 0:58
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    Brittany, Irish Ferries and Stena Line all have ferries directly between France and Ireland. You might want to check if entry to Ireland (which is in the Common Travel Area alongside the UK) is affected by this deportation, though. – gerrit Oct 20 '16 at 13:26
  • to be more specific gala , yes i pleaded guilty and served 13 and a half months of a 27 month sentence, and deportation order was issued to me but rigth after received my sentence term but i waved my rigths of appeal against my deportation and choosed to apply yo the early removal scheme wich allowed me at the time to get off prison and be put in an airplane 1 day before 2013 cristhmas. It was a silly decision at the time because i had a very good case to appeal against my deportation because i had a british born child – xbizkit Oct 20 '16 at 18:39

You are an EEA national who was deported from the UK after a period of incarceration greater than one year. It's different from the run-of-the-mill cases of removals that we often get in TSE. It's a grave event. I saw Gala's comments (to whom thanks) above and I agree with them. Deportation is a messy affair and I never took a live case, so my answer relies solely on theory.

At the time in 2013 when they informed you about their intent to serve deportation papers, you would have received a brochure that said...

If you do not appeal, or if an appeal is dsmissed, consideration will be given to obtaining a deportation order. You will have a further right of appeal against destination only if you did not exercise your right of appeal when the notice of ~ntention to deport you was served. It is our practice to endeavour to complete our action prior to the completion of any sentence so that your deportation, if appropriate, coincides with your release from prison. However, if this is not possible a decision will be taken on whether you need to be detained under immigration powers after your sentence is finished. If it is decided that continued detention is appropriate you will be informed of this and given regular updates on the progress of your case.

So nothing is going to happen with the deportation order until you lodge an appeal (if a path is still available to you) and the appeal is resolved.

The company I work for often has to load/unload in the UK and in Ireland. Will I be stopped and denied entry, when driving to the UK just for temporary and business purposes?

Yes, and they can get Portugal to revoke your passport altogether. They do not allow temporary admission for business or pleasure because it is not in the public interest to do that. The controlling reference is Paragraph 362 of the Immigration Rules...

A deportation order requires the subject to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom given him before the Order is made or while it is in force.

You can apply for the order to be lifted when you qualify under the Rehabilitation of Offenders Act 1974. I can attempt the math (you do not get time off the sentence calculation for your early release)...

4 years rehab + 27 months sentence = 6 years 3 months minus 3 years 11 months rehab already committed = 72 - 47 = 25 months remaining. Or about 2 years. That's a rough guess, you would need a solicitor with a practice area in deportation to get an exact reading.

The other option is to apply for entry clearance. I mention it for completeness only because the application falls to be refused under Paragraph 322 of the rules...

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

So it's not an option.

Please if anyone here have any positive ideas that may help me

The courts have traditionally been liberal on deportation cases but they seem to have entered a regressive era. But on a positive note you can get in touch with the JCWI and ask if a case worker can review your stuff and give you a more accurate reading. They have some clever people there who know what to do in situations like yours.

Disclaimer: I am now and have been a member of the JCWI for a long time. I do not receive consideration for recommending them (that would be illegal in the first instance).

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