What are my options?

If you have a solicitor representing you in your immigration application you should ensure that they are aware that you have been convicted of an offence.

If you do not have a legal representative you should try to find one.

If your immigration application is refused then you may face removal.

If you are still serving your prison sentence when you are refused then you should consider your options carefully.

If you are released while your immigration application is ongoing then you will need to know your rights and entitlements

If you are granted leave to remain in the UK then you should access the usual prison resettlement tools. However, if you are granted leave to remain with no recourse to public funds you may require further advice.

Look at the following information:

Legal Advice If you think that you should not be deported but the Home Office is pursuing deportation then you should seek legal advice on your options. Deportation is a complex area of law and it is important that you are clear about what choices are available to you.
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Immigration detention A FNP who the HOIE are intending to deport, who has completed their criminal sentence may be kept in immigration detention beyond the custodial part of their sentence.
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Other Resettlement Issues This section contains information about how standard prison resettlement policies apply to Foreign National Prisoners. You will find information on categorisation, Release on Temporary Licence (ROTL) and Home Detention Curfew (HDC).
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Migrants with no immigration status In many cases, people are allowed to enter or stay in the UK on the basis that they will be able to “accommodate and support” themselves without “recourse to public funds”.
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People with leave to remain A person who has permission to be in the UK is said to have ‘leave to remain’. There are different types of leave to remain and a person’s rights and entitlements is dependent on what kind of leave they have and any conditions attached to that leave.
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Early Release Scheme The Early Release Scheme allows that the Secretary of State to release FNPs serving fixed term sentences, who are liable to removal from the UK, up to 270 days early.
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Facilitated Returns Scheme The FRS is a scheme which offers an amount of money to FNPs who accept removal to their country of origin. The scheme is only available to non-EEA prisoners and is voluntary.
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Country guides Detailed country guides to assist foreign nationals being deported overseas.
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Directory of International Resources The organisation details have been taken from a number of sources and have not been checked to confirm what services are provided and how they may be able to help. The organisations have been selected on the basis that they are known to be humanitarian organisations and may be able to render assistance.
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Directory of UK Resources The organisation details have been taken from a number of sources and have not been checked to confirm what services are provided and how they may be able to help. The organisations have been selected on the basis that they are known to be humanitarian organisations and may be able to render assistance.
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Preparing for deportation All prisoners prepare for release and resettlement into the community and should have opportunities to work with prison or probation staff to produce a resettlement plan.
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