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.

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.