If I’m a foreign national do I have to serve my sentence in the UK

In the UK, people who are serving a prison sentence are normally deported after they finish their sentence, not during it — but there are a few important rules and exceptions.

If I’m a foreign national do I have to serve my sentence in the UK

The basic rule in the UK:

  • A non-British citizen serves their prison sentence first
  • Deportation happens after release
  • They are usually transferred straight from prison to immigration detention, then removed from the UK
  • So there’s often no release into the community at all.


Automatic deportation

  • Under the UK Borders Act 2007, deportation is usually automatic if:
  • The person is not a British citizen, and
  • They are sentenced to 12 months or more in prison

In these cases:

  • The Home Office starts deportation action while the person is still in prison
  • Removal happens as soon as legally possible after the sentence ends

Can deportation happen before the sentence ends?

Almost never, but there are limited exceptions:

  • Early Removal Scheme (ERS) - Some foreign national prisoners can be deported up to 270 days (about 9 months) before their release date, but:
  • It’s discretionary
  • Usually for less serious offences
  • The person must agree
  • Prisoner transfer agreements - Some prisoners can be transferred to serve the rest of their sentence in their home country
  • These are not automatic and don’t apply to everyone.


What can delay deportation?

Even after the sentence ends, removal may be delayed if:

  • The person appeals the deportation order
  • They claim asylum or human rights protections
  • There are medical or country-specific barriers (e.g. war, lack of travel documents)
  • During delays, the person may stay in immigration detention, or sometimes be released on immigration bail.


Important exceptions

Deportation may not happen (or can be challenged) if:

  • The person has lived in the UK a very long time
  • They arrived as a child
  • They have a British partner or children
  • Deportation would breach human rights (especially Article 8 – family life)
  • These don’t stop deportation automatically, but they can be strong grounds for appeal.

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