2 Marsham Street
London
SW1P 4DF / Tel:020 7035 4848
Fax:020 7035 4745
MrLucaAngelo
Reference: T533/18
Dear MrAngelo
Thank you for your email of 9 January 2018 about deportation of EEA nationals.
Decisions to deport EEA nationals on grounds of public policy are taken on a case-by-case basis in accordance with the free movement directive and principles of European Union law.
Your email referencedthat PSI 04/2013 states EEA nationals are liable for deportation if a sentence is over 24 months. This does not reflect the current policy for the deportation of EEA nationals.
The Home Office routinely considers deportation or other immigration enforcement action for all foreign national offenders (FNO) who are sentenced to a period of imprisonment following a criminal conviction.HM Prison and Probation Service (HMPPS) are required to notify the Home Office of all FNOs in the prison estate. Where the prison release date is within one month, the referral will be immediate; in all other cases the initial referral target is ten working days. Following referral to the Home Office, the case is assessed and consideration given to deporting the person under the Immigration (European Economic Area) (EEA) Regulations 2016.
A decision to deport an EEA national or their family member from the UK may be taken on the grounds of public policy or public security, in accordance with regulation 27 of the Immigration (EEA) Regulations 2016. When considering whether to make a decision to deport, the decision maker will take into account a person’s criminal history, including any overseas convictions. Documents requested and considered as part of the deportation decision include the court certificate, Judges Sentencing Remarks (only if convicted in a Crown Court) and the OASYs report.Further information on EEA decisions taken on the grounds of public policy can be found on GOV.UK at:
The Free Movement Directive provides protection for certain EEA nationals and their family members based on their length of residence in the UK. A different threshold for deportation applies where the decision relates to a person who has a permanent right of residence (regulation 15 of the EEA Regulations 2016) or who has resided in the UK for a period of at least ten years. To benefit from the higher levels of protection an EEA national needs to evidence their residency and that they were exercising treaty rights as a job seeker, a worker, a self-employed person, a self-sufficient person or a student.
Documentation issued by HMRevenue and Customs (HMRC) or a UK college can be used to evidence residency and exercise of treaty rights. An EU passport containing a residency permit for example may be used to evidence residency but would not evidence that the EEA national was exercising treaty rights.
Yours sincerely
Caroline Antell
Border, Immigration and Citizenship Policy Directorate
Email: