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.