Most people assume that once a foreign national is convicted of a serious crime in the UK — whether it’s violent assault, rape, or organised criminal activity — the next steps are obvious: they serve their sentence, they’re put on a plane, and they don’t return.
That belief feels intuitive, almost automatic. But Mark Harper’s acknowledgement in Parliament years ago that nearly 4,000 foreign offenders were living in UK communities despite being approved for deportation still lingers today because it exposed something deeper: the system is not designed around what the public expects. It is designed around what the law allows, what other countries cooperate with, and what the UK is capable of enforcing at any given time.
The result is a permanent tension that never fully resolves. When someone like Hadush Kebatu enters the headlines — a convicted sex offender removed only after receiving a discretionary £500 payment — the public’s first reaction is outrage. But the underlying frustration is more universal: How is this even possible? Who are these people? Why are they still here? And how much is it costing us?
This article doesn’t recap individual cases; it uses them to illuminate the larger, structural problem that has been shaping UK deportation efforts for decades.
The Disconnect Between What the Public Assumes and What the Law Actually Allows
The legal framework governing foreign national offenders (FNOs) looks straightforward on paper. Under the UK Borders Act 2007, anyone who is:
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not a British or Irish citizen, and
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has been sentenced to 12 months or more in prison
must be considered for automatic deportation.
But the word automatic is misleading. Even the strongest deportation powers operate within a mesh of constraints:
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Human rights obligations under the European Convention on Human Rights (Article 8 – right to family life)
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Proof requirements for identity and nationality
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The receiving country’s cooperation
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Outstanding legal appeals
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Backlogs and administrative delays
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Safety concerns in the destination country
This is why former UK Border Agency chief Rob Whiteman once admitted openly that officials must sometimes release offenders because removal is “not possible within a reasonable period of time.” The law may demand deportation — but it cannot conjure cooperation from abroad, or override judicial oversight, or operate without documentation.
And that is how “impossible-to-remove” foreign offenders accumulate in UK communities.
How Many Foreign Offenders Are in the UK — and Who Are They?
The Ministry of Justice’s prison statistics show that as of late 2023, there were more than 10,000 foreign nationals in custody — roughly 12% of the total prison population. They come from all over the world, with the largest groups from Albania, Poland, Romania, Ireland, and Jamaica.
But the more troubling figure is the number outside prison.
Across multiple parliamentary answers and Home Office reports, the consistent pattern is this:
Thousands of foreign offenders remain in the UK after completing their sentences.
The figure once cited — 3,980 individuals living in the community while “subject to deportation action” — illustrates a long-running problem. That number fluctuates by year, but the underlying issues remain identical today:
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many have ongoing legal appeals
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many cannot be documented (no verified nationality = no travel document)
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some cannot be removed due to dangerous conditions in the destination country
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some refuse to cooperate
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some have family ties the courts deem relevant under human rights law
Add to that the near absence of transparent data on breakdown by offence type — something even Full Fact highlighted — and the public is left with a foggy picture that fuels mistrust.
👉 Further Reading: The Invisible Tab: Why Britain’s Asylum Costs Skyrocket — And Why the Law Keeps the Public in the Dark 👈
Why Deportation Fails So Often: The Three Barriers That Never Go Away
1. Identity and nationality disputes
If a country refuses to confirm someone as its citizen, deportation stops. Many offenders purposely destroy documents or provide multiple identities. Without proof, the UK cannot legally place them on a plane.
2. Endless layers of appeal and challenge
A single individual can file:
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asylum claims
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humanitarian protection claims
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trafficking claims
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human rights claims
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judicial reviews
Even unsuccessful claims slow the process, and each legal step requires assessment.
A National Audit Office report once found over half of enforced return attempts collapsed due to last-minute legal challenges or asylum claims. That pattern remains today.
3. Destination countries refusing to cooperate
The UK has over 100 prisoner transfer or return agreements, but cooperation varies dramatically.
Some countries move quickly. Others do not. Some negotiate. Some refuse documentation entirely. Albania, for example, saw returns rise sharply after a 2022 bilateral agreement. But nations like Afghanistan, Somalia, Syria, and parts of West Africa present more complex or dangerous conditions, limiting removals under international law.
👉 Further Reading: What Happens Legally If Courts Discover an Asylum Seeker Lied About Their Age? 👈
Why Some Offenders Receive Money to Leave — and Why It Infuriates the Public
Few people realise that the UK has long operated a Facilitated Returns Scheme — created in 2006 — which offers financial support to foreign offenders who agree to leave early.
The purpose is not generosity. It is economics.
Removing someone early is cheaper than keeping them in prison or immigration detention. That is why:
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offenders completing sentences may receive £750
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those who leave before completing a sentence can receive £1,500
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vulnerable offenders (severe illness, disability, mental health conditions, pregnancy) may receive an additional £500
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non-criminal migrants on voluntary return schemes can receive up to £3,000 for reintegration
This structure produces cases like Hadush Kebatu, who received £500 as a one-off discretionary payment because officials concluded that resisting removal would cost more — legally and operationally — than simply securing cooperation.
For taxpayers, this feels outrageous. But for the Home Office, this is arithmetic: the price of one detainee resisting removal can exceed the cost of incentivising compliance.
Why the System Feels Inefficient — Even When It’s Following the Rules
Even when the government has legal authority, political will, and proper documentation, foreign offender removals run into simple structural realities:
The process is slow.
Case files may stretch across multiple agencies: prison services, courts, solicitors, immigration teams, foreign embassies, and local councils.
The system has blind spots.
Inspectors repeatedly note gaps in:
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data tracking
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case ownership
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performance monitoring
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communication between agencies
The prison estate is under pressure.
This pressure incentivises earlier removals, which in turn incentivise financial schemes like the Facilitated Return Scheme.
Any mistake can reset the entire process.
A mistranslated document, a misidentified embassy contact, a court scheduling delay — all can derail a case for months.
The Cost Question: How Much Does This Actually Burden the UK?
Precise totals are elusive because the Home Office does not publish a unified cost breakdown, and inspectors have criticised the lack of consolidated data. But some costs are publicly known:
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Immigration Enforcement budgets
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detention costs per day
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prison places for FNOs
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legal aid and court time
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charter flight removals
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financial incentives under return schemes
What is clear is that keeping thousands of foreign offenders in the UK — under supervision, on bail conditions, or in detention — is significantly more expensive than returning them.
This is why both Conservative and Labour governments have repeatedly named FNO removals as a priority. And yet, despite annual increases in returns, the backlog stubbornly persists.
Why So Many People Feel the System Isn’t Working
Public frustration stems from one reality:
People see the consequences, but not the constraints.
They see:
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a violent offender walking free while awaiting deportation
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a rapist who cannot be removed because his nationality cannot be proven
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a repeat criminal claiming new protections on the eve of a flight
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a deportation flight delayed because a foreign government will not issue paperwork
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an offender given £1,500 to “cooperate”
What they do not see is the legal architecture that makes these outcomes almost inevitable unless major legislative or diplomatic changes occur.
👉 Related: UNSAFE BRITAIN: The Failures That FREED a Killer — Why Officials Get PROMOTED When Innocents Die 👈
Forward Look: Can the UK Fix This?
Several paths exist — none simple, none without trade-offs:
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Faster casework reduces the appeal window.
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Better data and unified case management stop files stagnating.
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More diplomatic pressure can increase cooperation from resistant countries.
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Expanded early-removal schemes reduce prison capacity strain.
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Clearer public reporting builds trust by showing what is working — and what isn’t.
What Britain has never fully attempted is the one step that would change the public conversation overnight:
Transparency.
A clear ledger of:
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who remains
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why they remain
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what barriers exist
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how much it costs
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and what is being done to resolve each case
…would transform this debate from noise into understanding.
Until then, the UK will continue living with a paradox: a system that is legally precise, operationally strained, politically explosive, and publicly mistrusted.
Frequently Asked Questions About Foreign Offender Deportation
Why can’t the UK simply deport foreign criminals immediately after sentencing?
Because deportation cannot override legal appeals, documentation requirements, or international agreements. A removal is only lawful when identity, destination country approval, and human rights obligations are satisfied.
Does every foreign offender automatically qualify for deportation?
No. While many qualify under the UK Borders Act (12+ months sentence), exemptions exist — including where deportation would breach Article 8 rights or where the person was under 18 at the time of the offence.
Why do some offenders receive money to leave?
The payment is an incentive under the Facilitated Return Scheme. It is cheaper than continued imprisonment or long-term monitoring, and is designed to secure cooperation rather than reward criminal behaviour.
How long can a foreign offender remain in the UK after their sentence?
There is no fixed maximum. Some cases resolve in months. Others remain stuck for years due to appeals, documentation problems, or lack of cooperation from destination countries.
Why doesn’t the government publish offence-type data for foreign offenders living in the community?
Because it currently does not collect or publish that breakdown in accessible form — a transparency gap repeatedly noted by researchers and fact-checking organisations.
