UK Adds India to ‘Deport Now, Appeal Later’ List Amid Crackdown

(UNITED KINGDOM) The UK Home Office has expanded its “Deport Now, Appeal Later” scheme to 23 countries, adding India and several others in a major enforcement push that took effect in August 2025. Announced over the weekend of August 10–11, 2025, the policy allows the government to remove foreign nationals convicted of crimes immediately after sentencing, or once they have served 30% of their prison term, while any appeal is heard from abroad via video link. The previous rule generally required offenders to serve at least 50% of their sentence in the UK before removal. Serious offenders, including terrorists and murderers, remain subject to serving full terms.

Home Secretary Yvette Cooper said the expansion is designed to “restore control” and stop foreign criminals from prolonging their stay through drawn-out appeals. Officials argue the change will cut prison numbers and protect taxpayers, noting the average annual cost per prisoner is about £54,000. According to analysis by VisaVerge.com, the inclusion of India signals the government’s intent to apply the policy to a wide range of nationalities present in UK prisons, not only those traditionally associated with removal agreements.

Policy changes and scope

• The scheme previously covered 8 countries: Albania, Belize, Estonia, Finland, Kosovo, Mauritius, Nigeria, and Tanzania.
• It now applies to 23 countries, including:
  • India, Australia, Canada, Kenya, Angola, Botswana, Brunei, Bulgaria, Guyana, Indonesia, Latvia, Lebanon, Malaysia, Uganda, Zambia, and others.
• Under the updated approach:
  • Foreign nationals who receive a prison sentence of at least 12 months can be deported promptly.
  • They can still challenge their conviction or deportation, but must do so from their home country via video hearings.

Officials confirmed the policy is already live. The Home Office has invested £5 million to place specialist staff in nearly 80 prisons across England and Wales. Their role is to:

• identify cases early,
• coordinate with immigration teams,
• accelerate removals so offenders do not remain in the UK during appeals.

The department also cites broader enforcement outcomes since mid-2024:

• around 35,000 deportations under various measures,
• 50% rise in illegal working raids,
• 116% increase in asylum decision-making speed.

The government frames this as a public safety measure to reduce reoffending risk and deter abuse of the system. In practice, the immediate change is the loss of an in-country appeal for affected individuals: evidence and consultations will occur by video once removed rather than while they remain in the UK.

Impact on offenders and communities

For foreign nationals from the 23 listed countries, the stakes are now clear:

• A conviction leading to a 12-month sentence or more can trigger removal soon after sentencing.
• In many cases, immigration teams will aim to remove people earlier in their sentence under the 30% threshold.
• The Home Office says this will reduce prison pressure and signal that criminality leads to swift removal.

Specific concerns and consequences:

• For Indian nationals, inclusion means tighter timelines and a higher chance of being placed on an early removal track.
• Community advocates worry fast removals may limit access to on-the-ground legal support, language help, and UK-based expert reports that can affect appeal outcomes.
• Legal charities warn remote hearings can be difficult due to time-zone differences, patchy internet, and limited private spaces for attorney-client discussions.
• Claims involving family life issues or medical evidence may be harder to pursue from abroad.
• Preparing a case from another country—gathering UK witness statements, arranging expert assessments, and coordinating with lawyers—can be more costly and time-consuming.

Home Office officials argue modern technology and legal aid networks can manage remote appeals, and that swift removal is necessary to break a cycle of late claims and delays.

Community impacts include:

• Disruption to childcare and housing, especially in mixed-status households.
• Employer impacts where foreign nationals form a large share of the workforce.
• Victims’ groups often welcome faster removals, citing closure and reduced reoffending risk.

Important: The policy changes the location and timing of appeals, but does not block access to appeals. Practical access and fairness remain central points of debate.

Legal mechanics and next steps

• The legal basis for out-of-country appeals includes certification under section 94B of the Nationality, Immigration and Asylum Act 2002.
• Section 94B allows the Home Secretary to require appeals to be brought after removal if doing so would not breach the European Convention on Human Rights (ECHR).
• Official text for section 94B is available here: https://www.legislation.gov.uk/ukpga/2002/41/section/94B.

Certification decisions consider issues such as:

• risk of serious harm on return,
• whether the individual can fairly pursue an appeal from abroad.

Practicalities:

• Appeals will run by video hearings—an approach UK tribunals already use for many immigration cases.
• Judges can still grant relief if evidence supports it, but assembling evidence from abroad is often harder.
• Government lawyers anticipate legal challenges focusing on:
  • fairness in remote appeals,
  • treatment of vulnerable people,
  • whether removal before appeal breaches ECHR rights in specific cases.

For people with pending criminal cases:

1. Defense attorneys must advise clients on immigration consequences of a 12-month+ sentence.
2. Plea decisions, sentencing submissions, and rehabilitation plans may gain new significance where early removal is likely.
3. Immigration lawyers should prepare for increased urgent pre-removal work, including requests for stays when new evidence emerges.

Metrics, monitoring, and likely tests

The policy will be tested in real-world conditions. Key metrics to watch include:

• speed of removals,
• proportion of appeals allowed or dismissed when heard from abroad,
• changes in prison population linked to foreign national offenders,
• access to legal help and support for vulnerable people,
• quality and timeliness of evidence gathered post-removal.

Officials say specialist prison teams will track cases from early custody to removal to avoid late surprises that historically delayed flights. Critics will monitor data on access to legal assistance, particularly for those with mental health needs or complex evidence reliant on UK-based resources.

Practical advice for families and legal teams

For communities and families facing this new normal, planning is essential:

• Line up legal representation early if a loved one faces a sentence near or above 12 months.
• Collect supporting documents and evidence while still in the UK.
• Prepare for the possibility of a video appeal from overseas soon after sentencing.
• Defense and immigration lawyers should coordinate quickly to identify stays or emergency remedies if new evidence arises.

The Home Office message: commit serious crimes, and removal will follow quickly. Advocates counter that due process must remain meaningful, not merely formal, even when the appellant is thousands of miles away.