Policy Definitions

The terms ‘return’, ‘removal’, and ‘deportation’ are often used interchangeably. AVID agrees with the broader use of 'deportation' to capture the overlap between all of these actions and related harm that they cause.

However - in immigration policy - they are all different processes, apply to different categories of people, and each process has a different set of consequences for subsequent re-entry to the UK.

This is important for visitors to be aware of so that they can support people in detention to understand the different processes which apply in their situation and what steps they can take.

Return	A broad term referring to the departure of someone who is not from the UK to return to their country of origin or who is sent to a transit or third country.
Removal or administrative removal	The departure from the UK of a person without leave to remain in the UK.
Voluntary return	A type of removal where a person has asked for the Home Office’s help in leaving the UK.
Enforced removal	A type of removal where the Home Office attempts to enforce the departure from the UK of a person without leave to be in the UK who refuses to leave voluntarily. People who have entered without a visa, overstayed their visa, and people who breach the conditions of their stay in the UK, are among a number of situations that come under the scope of administrative removal. Enforcement will usually include the use of detention powers prior to removal from the UK.
Deportation	Deportation is a form of expulsion from the UK, with consequences which continue beyond expulsion while the deportation order remains in force. Deportation action is pursued by the SSHD against so called “foreign nationals” who are being removed from the UK because they have committed a criminal offence. People subject to deportation action may or may not have leave to be in the UK. A deportation order has the effect of revoking any leave to enter or leave to remain given before the deportation order is in force or while it is in force.
‘Automatic’ deportation	A type of deportation where the SSHD has no discretion over whether or not to try to deport a “foreign national offender” if they have been given a custodial sentence of 12 months or more. Powers also exist: for the Home Office to deport people who don’t meet the threshold for ‘automatic’ deportation if it is considered that their presence in the UK is not ‘conducive to the public good’. For the CPS to recommend to a judge in a criminal case that a foreign national be recommended for deportation at the end of their sentence.
Assisted return	A term used for a form of voluntary departure, which applies only in family cases dealt with under the Family Returns Process.
Required return	A term used for a form of enforced removal where a family is offered the opportunity to depart with self check-in removal directions.
Ensured return	A term used for a form of enforced removal of families with dependent children.