Can I Be Removed from The UK If I Am Pregnant?

Facing UK immigration problems while pregnant can be frightening. Pregnancy does not, on its own, stop the Home Office from removing you if you have no permission to be in the UK. It does affect how and when removal can happen, it limits immigration detention, and it can be highly relevant to a human rights claim.

Understanding UK Immigration Removal Basics

Removal and Deportation

Removal is the process the Home Office uses for people who do not have permission to be in the UK, for example people who have overstayed a visa, entered unlawfully or had an asylum claim refused. The power to remove is in section 10 of the Immigration and Asylum Act 1999.

Deportationis different. The Home Secretary can make a deportation order against a person who is not a British citizen where it is considered "conducive to the public good" (section 3(5) of the Immigration Act 1971), usually because of criminal offending. Under section 32 of the UK Borders Act 2007, deportation is generally automatic for a foreign national sentenced to at least 12 months' imprisonment, subject to exceptions including where removal would breach their human rights. A deportation order prevents the person returning to the UK while it is in force.

The Home Office, not the courts, makes both decisions, although you can often challenge them through an appeal or judicial review.

Who Can Be Removed?

People who can be removed include overstayers, people who entered the UK unlawfully, people whose permission has been cancelled, and people whose asylum or human rights claims have been refused and who have no outstanding appeal. If you have valid permission to stay, you cannot be removed simply because you are pregnant.

If your permission is about to run out, apply to extend it or switch to another route before it expires. If you apply in time, section 3C of the Immigration Act 1971 extends your existing permission, on the same conditions, while the application and any appeal are decided. If you apply after your permission has expired, section 3C does not protect you.

If you do not have permission, you may be able to leave voluntarily through the Home Office's Voluntary Returns Service, which can sometimes help with travel costs. Leaving voluntarily can affect how long any re-entry ban lasts, so get advice first.

Pregnancy and Immigration Status

Pregnancy does not change your immigration status and does not give you a right to stay in the UK. There is no separate visa or rule for pregnant women. Pregnancy and the birth of a child can be relevant to applications and to decisions about removal, especially if:

• your partner, or your baby's other parent, is British or settled in the UK;
• there are medical complications that make travel unsafe;
• you would face a risk of serious harm if returned to your country of origin.

Will My Baby Be British?

A child born in the UK is not automatically British. Under section 1 of the British Nationality Act 1981, a child born in the UK is a British citizen at birth only if a parent is a British citizen or settled in the UK at the time of the birth. A child who is not British at birth may be able to register as British later, for example if a parent later becomes British or settled, or after the child has lived in the UK for their first 10 years.

If your child is British, or has lived in the UK for at least 7 years, the Immigration Rules can give significant weight to their right to stay with their parent.

Legal Protections for Pregnant Women Facing Removal

Limits on Immigration Detention

Section 60 of the Immigration Act 2016 limits the detention of pregnant women. A pregnant woman may only be detained if the Home Office is satisfied that she will shortly be removed or that there are exceptional circumstances justifying detention. Detention is limited to 72 hours, or up to 7 days in total if personally authorised by a government minister.

If you are pregnant and detained, tell the detention staff and your legal representative immediately and ask for your pregnancy to be confirmed medically, as the time limit runs from the later of when you are detained and when the Home Office is satisfied you are pregnant.

Fitness to Fly

Home Office guidance on arranging removals says that, although International Air Transport Association (IATA) guidelines allow airlines to carry women more than 32 weeks pregnant, airlines set their own limits, which vary for single and multiple pregnancies and where there are complications. Before removal, officers must record that the woman is pregnant and the steps taken to reduce risks, such as confirmation from a medical professional that she is fit to travel.

If you have pregnancy complications that mean you cannot safely travel, the guidance expects you to provide medical evidence. After birth, both mother and baby must be assessed as fit to travel, and the baby needs its own travel documents.

Human Rights Act 1998 and The ECHR

Section 6 of the Human Rights Act 1998 requires the Home Office to act compatibly with the European Convention on Human Rights (ECHR). If you make a human rights claim and it is refused, you generally have a right of appeal to the First-tier Tribunal. The two articles most often relevant to pregnant women are Article 3 and Article 8.

Article 3 ECHR: Prohibition of Inhuman or Degrading Treatment

Article 3 is an absolute prohibition on torture and inhuman or degrading treatment. In medical cases the threshold is high. Following the European Court of Human Rights decision in Paposhvili v Belgium (2016), the UK Supreme Court held in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 that removal can breach Article 3 where there is a real risk that, because of the absence of appropriate treatment in the receiving country (or lack of access to it), the person would face a serious, rapid and irreversible decline in health resulting in intense suffering or a significant reduction in life expectancy.

A normal pregnancy will not usually meet this threshold. It may be relevant where there are serious complications, or where removal would expose you to a risk of serious harm for other reasons, such as violence or persecution.

Medical Evidence

If you rely on medical grounds, the evidence needs to be specific. Helpful evidence can include:

• a letter from your midwife, GP or consultant obstetrician confirming how many weeks pregnant you are, any complications, and whether you are fit to fly;
• hospital and antenatal records, including scan results;
• evidence about whether the care you need is available and accessible in the country you would be returned to.

Article 8 ECHR: Right to Respect for Private and Family Life

Family Life and Children

Article 8 protects private and family life. It is a qualified right, so the Home Office and tribunals weigh the impact of removal on you and your family against the public interest in immigration control, taking into account the factors in section 117B of the Nationality, Immigration and Asylum Act 2002.

In ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4, the Supreme Court held that the best interests of a child must be a primary consideration in these decisions. Section 55 of the Borders, Citizenship and Immigration Act 2009 also requires the Home Office to have regard to the need to safeguard and promote the welfare of children in the UK.

The Immigration Rules reflect Article 8 in Appendix FM and Appendix Private Life. For example, you may be able to apply to stay as the partner of a British citizen or settled person, or as the parent of a British child or a child who has lived in the UK for at least 7 years, where it would not be reasonable to expect the child to leave the UK. An unborn child does not have these rights, but the situation can change once your baby is born, especially if your baby is British.

Evidence of Family Life

Evidence may include proof of your relationship with your partner (such as a marriage certificate or evidence of living together), your partner's British or settled status, your child's birth certificate and passport, and evidence of your involvement in your child's life.

Access to NHS Maternity Care

In England, NHS maternity care (antenatal, birth and postnatal care) must always be treated as immediately necessary. That means the NHS must not withhold or delay it because of your immigration status or because you cannot pay in advance.

• You do not need proof of address or immigration status to register with a GP.
• Depending on your status, you may be billed for hospital maternity care afterwards. Many are exempt, including people who have paid the immigration health surcharge, asylum seekers, and people receiving certain types of asylum support.
• Care for conditions caused by domestic abuse, sexual violence or female genital mutilation is also exempt from charges.

Charging rules differ in Scotland, Wales and Northern Ireland. The charity Maternity Action provides information and advice on maternity care and charging for migrant women.

Asylum and Protection

If you fear persecution or serious harm in your country of origin, you can claim asylum. Pregnancy is not in itself a ground for asylum, but it can be relevant to the risks you would face on return, for example a risk of honour-based violence, forced marriage or female genital mutilation for you or your child. If you do not qualify as a refugee but face a real risk of serious harm, you may be granted humanitarian protection.

Tell the Home Office that you are pregnant at the start of your claim so that it can take your needs into account in interviews and any accommodation. Migrant Help runs a free asylum helpline, open 24 hours a day, on 0808 8010 503.

Practical Steps and Legal Recourse

1. Check your current immigration status and when it expires in your UKVI account. If it is still valid, get advice about extending or switching before it runs out.
2. Register with a GP and start antenatal care as early as you can, and keep copies of your medical records.
3. If you have been refused, read the decision letter carefully. If you have a right of appeal and are in the UK, you usually have 14 days from receiving the decision to appeal to the First-tier Tribunal. The fee is £82 without a hearing or £144 with a hearing, with exemptions and help with fees available.
4. If you are given removal directions and believe removal would be unlawful, get urgent legal advice. You may be able to challenge it by judicial review, but you must bring the claim quickly.
5. If you are detained, make sure the Home Office knows you are pregnant and ask for medical confirmation.

Immigration deadlines are short and missing one can have serious consequences, so take advice from a qualified immigration solicitor or regulated adviser as early as possible.