The United Kingdom has made a big change in its policy regarding the handling of foreign nationals who commit crimes on its soil. India is now among 15 countries whose citizens can be sent back immediately after being sentenced, without waiting for their appeal to be heard in the UK.
This change comes under the “Deport First, Appeal Later” rule. Under this policy, once an Indian citizen is convicted and sentenced in the UK, they will be deported to India right after sentencing. If they want to appeal against the deportation, they can still do so, but only from their home country, using a video link to attend the hearings.
There is an exception for serious crimes like murder or terrorism. In such cases, the offender must complete their full prison sentence in the UK before being sent back.
Previously, many foreign criminals stayed in the UK for years while their deportation appeals were ongoing. They used provisions under human rights laws to delay being sent back. This meant they continued living in the country and sometimes even after serving their sentences, while their legal cases dragged on.
The new system aims to prevent that delay. Once deported, an individual cannot return to the UK unless their appeal succeeds. After arriving in India, it will be up to the Indian authorities to decide whether they should serve additional jail time or be released.
Countries Covered Under The Rule
Until now, the UK has applied this rule to only eight countries: Finland, Nigeria, Estonia, Albania, Belize, Mauritius, Tanzania, and Kosovo. The list has now expanded to include Angola, Australia, Botswana, Brunei, Bulgaria, Canada, Guyana, India, Indonesia, Kenya, Latvia, Lebanon, Malaysia, Uganda, and Zambia. The British government is also in talks with more countries to join the scheme.
Impact on Indian Nationals in UK Prisons
As of June 30, 2025, there were 320 Indian citizens in prisons in England and Wales – 310 men and 10 women. Until recently, most foreign prisoners were deported only after serving 30% of their sentences (down from the earlier 50%).
However, as of August 2025, the UK Ministry of Justice has revised the process. Deportation for eligible prisoners will begin immediately after sentencing, not after a portion of the sentence has been served. This means an Indian citizen could be sent back within days or weeks of their court case ending.
In the first quarter of 2025 alone, 1,903 people were deported from the UK to India. In 2024, the total was 6,069.
The Reason Behind the Policy
Foreign nationals make up around 12% of the UK’s prison population. Each prisoner costs approximately £54,000 per year to maintain in prison. By sending people back quickly, the government aims to save taxpayers’ money and reduce overcrowding in prisons.
The UK has even allocated £5 million to place specialist staff in nearly 80 prisons across England and Wales. Their job will be to speed up the paperwork and arrangements for deportation.
This new rule sends a strong message: anyone who breaks the law in the UK, including Indian citizens, could be on the next flight home and will have to fight their appeal from there.
