Foreign Nationals in UK Prisons | Deportation & Support Guide 2026

Being a foreign national in a UK prison adds layers of complexity to an already difficult experience. Immigration concerns, language barriers, distance from family, and the risk of deportation create unique stresses that British citizens do not face. This guide explains your rights, the deportation process, and the support available to foreign national prisoners.

Who Counts as a Foreign National Prisoner?

The Prison Service defines a foreign national prisoner as anyone who does not have British citizenship. This includes EU citizens, refugees, asylum seekers, and people with indefinite leave to remain. British citizens with dual nationality are generally not classified as foreign nationals.

Foreign nationals make up approximately 11% of the prison population in England and Wales. Many are held in dedicated foreign national wings or prisons with higher concentrations of non-British prisoners.

Deportation After Sentence

If you are a foreign national sentenced to 12 months or more in prison, the Home Office is legally required to consider deportation. This is called "automatic deportation" under the UK Borders Act 2007.

The process works as follows:

**Notification**: The prison informs the Home Office of your conviction and sentence.

**Deportation decision**: The Home Office decides whether to pursue deportation. Not all foreign nationals are deported — some are released into the community after their sentence.

**Detention after sentence**: If deportation is pursued, you may be held in immigration detention after your prison sentence ends. This is not part of your criminal sentence.

**Appeal**: You have the right to appeal deportation decisions. You should be notified in writing and given time to instruct a solicitor.

Deportation does not apply to all foreign nationals. Exceptions include refugees, people with strong family ties in the UK, and nationals of countries with which the UK has specific agreements.

Immigration Detention

Immigration detention is separate from prison. Foreign nationals who are subject to deportation may be moved to an Immigration Removal Centre (IRC) such as Harmondsworth, Colnbrook, or Brook House after their prison sentence.

Conditions in IRCs differ from prisons. You are not serving a criminal sentence, but you are held under immigration powers. The maximum period of immigration detention is not fixed, though long-term detention can be challenged.

Consular Support

Most foreign nationals can contact their country's embassy or consulate while in prison. The consulate can:

Notify your family of your situation

Provide a list of local solicitors

Attend court hearings or prison visits if requested

Issue emergency travel documents for deportation

Raise welfare concerns with the prison

The prison should facilitate contact with your consulate. If they refuse, submit a complaint.

Language and Translation

If English is not your first language, you are entitled to translation and interpretation support:

The prison must provide an interpreter for healthcare assessments, adjudications, and legal meetings

Key documents should be translated into your language

Some prisons have prisoner interpreters or language support officers

If you are not receiving adequate language support, raise this with the chaplaincy, your personal officer, or the Prisoners' Advice Service.

Prisoner Transfer Agreements

The UK has prisoner transfer agreements with many countries. If you are a national of one of these countries, you may be able to serve the remainder of your sentence in your home country.

To apply for a transfer, you must:

Be a national of the country you wish to transfer to

Have no outstanding appeals or legal proceedings in the UK

Obtain consent from both the UK and your home country

Have a significant portion of your sentence remaining (transfers near the end of sentence are rarely approved)

Transfers are arranged through the Ministry of Justice International Prisoner Transfer Team. The process is slow — it can take many months.

Family Contact and Visits

Foreign nationals often struggle to maintain family contact due to distance, cost, and language barriers. Some prisons offer:

International phone call arrangements at reduced rates

Video calling for families who cannot travel

Support with visa applications for family members wishing to visit

The Assisted Prison Visits Scheme does not cover international travel, so your family will need to fund visits themselves.

Frequently Asked Questions

Will I definitely be deported after my sentence?

Not necessarily. Deportation is pursued for sentences of 12 months or more, but individual circumstances are considered. Strong family ties, long residence, and asylum claims can all affect the decision.

Can I appeal deportation while still in prison?

Yes. You should receive a deportation notice giving you the right to appeal. Legal aid may be available for immigration appeals. Contact an immigration solicitor immediately.

Can I serve my sentence in my home country?

Possibly, through the prisoner transfer scheme. You must apply and be approved by both countries. The process takes many months.

Will my family be told I am in prison?

The prison does not notify your family automatically. You can request that the prison contact them, or you can ask your consulate to do so.

What if I have an asylum claim pending?

If you have claimed asylum or intend to, inform the Home Office and your solicitor. Asylum seekers have additional protections, and deportation to a country where you face persecution is prohibited under international law.

*Last updated: June 2026.*

Foreign Nationals in UK Prisons: Immigration, Deportation and Support