Bail for Immigration Detainees
If your visa has expired or has been cancelled, and you have remained in the UK without making an application for a new one, the Home Office will consider you in breach of UK immigration laws.
If you are found to be in breach of immigration law or the conditions of your immigration status, you could be detained in an immigration removal centre and, potentially, face deportation from the UK. In extreme cases, you could be banned from re-entering the country for a period of up to 10 years. You should seek advice from an immigration expert as soon as possible to help with the situation to avoid long-term implications.
Can I Apply for Immigration Bail?
If you are in an immigration removal centre, detention centre or prison you can apply for immigration bail.
You are more likely to receive bail under the following circumstances:
- You have a potential release address to live at
- You have a ‘Financial Condition Supporter’ who will pay any money if you don’t follow the conditions of your bail
However, you could find it harder to get bail if you:
- Have a criminal record
- Have broken bail conditions in the past
How do I Apply for Bail?
There are two routes through which a detainee can apply for immigration bail:
- Through the Home Secretary (‘Secretary of State bail’) any time after you arrive in the UK
- Through the First-tier Tribunal (Immigration and Asylum Chamber) if you have arrived more than eight days ago
Bear in mind that the Home Office has the same powers as the First-tier Tribunal to grant bail and manage the conditions of bail.
We understand that it is extremely stressful if you, or one of your loved ones, has been detained. At the Immigration Advice Service, we can provide immediate assistance to detainees and explain the full immigration bail application process. Call us now on 0333 305 9375 for emergency immigration bail assistance.
How Can a Detainee Strengthen Their Application?
If an applicant can prove their financial commitment, this will be looked upon favourably. One of the most effective ways of doing this is having a ‘financial condition supporter’.
Such a person is someone who can put up a sum of money which acts as a form of guarantee that the person applying for bail will adhere to all bail conditions. If these conditions are broken, the financial condition supporter will be liable to lose this money.
Also, if the applicant has a release address, this is a potentially determining factor in the bail application.
Regardless of the specificities of your case, we strongly advise you to enlist the services of an experienced immigration lawyer who can assist you with the immigration bail process.
IAS is highly experienced in immigration detention cases. We offer full support for immigration detainees and can provide immediate help and professional guidance. Call us now on 0333 305 9375 for more information.
Secretary of State Bail Application
If you are in a detention facility or prison and have just arrived in the UK, you can apply for bail through ‘Secretary of State Bail’. As the name suggests, this bail application is made to the Secretary of State.
The form which needs to be completed through this route is ‘BAIL401’. Any attempt to make a bail application through any other method will be automatically rejected.
If the application is refused, the detainee will receive a written letter detailing the reasons for the refusal. The application can be resubmitted as many times as the detainee likes. However, if there isn’t a significant change in the circumstances, the decision is very likely to be the same.
First-tier Tribunal Bail Application
If you have arrived in the UK more than eight days ago, you will need to apply for bail through the First-tier Tribunal. This bail application is decided by an independent judge.
The form which needs to be completed through this bail application is Form B1. You cannot repeat applications with a First-tier Tribunal application.
What do I Need to Know About the First-tier Tribunal Hearing?
After your application is received, a ‘notice of hearing’ will be sent to you detailing the date and venue of your tribunal.
Typically, the tribunal will not take place at a court of law and will instead be conducted through a video-link.
The Home Office will send a document to the tribunal detailing the reasons why you should not be granted bail, know as a ‘Bail Summary’.
In the bail hearing things such as financial conditions, community and family ties, release accommodation arrangements and immigration history will all be taken into account. The tribunal will also consider the likelihood of the applicant absconding.
It is important to note that if a detainee was refused bail in the past 28 days, they will not be entitled to another hearing unless there is a significant change in their situation.
In some situations, a detainee might automatically be referred to the First-tier Tribunal for a hearing by the Home Office.
If the following applies to a detainee, they will automatically be referred to the First-tier Tribunal
- Haven’t been detained in interests of national security
- No action is being taken to deport you from the UK
- Have been in detention for at least 4 months
- Haven’t applied for bail to the First-tier Tribunal in the last 4 months
What are the Conditions of Bail for Immigration Detainees?
If you are granted bail, conditions will be imposed on what you can and cannot do. The specific conditions will depend on the particular circumstances of the case. You must agree to be compliant with the conditions which are imposed on your bail.
Your conditions might dictate that you have to:
- Report regularly to an immigration official
- Attend an appointment or hearing
- Wear an electronic monitoring tag
Restrictions could also be placed on where you can live and on the work or studies you can undertake.
You might also be required to accept a ‘financial condition’, which means that you or your financial supporter will promise to pay money if there is a breach of the bail conditions.
Failure to live in accordance with bail conditions will result in consequences. Your bail conditions could be tightened, or you might even be charged with a crime. You could also be returned to an immigration detention centre.
Can I Change the Conditions of my Bail?
Under certain circumstances, such as the need to change address, you might be able to alter certain conditions of the bail.
If you wish to change some of your immigration bail conditions, a formal request will need to be made to the Home Office by filling in form B2.
Can I be Detained Again if I Have Received Immigration Bail?
Unfortunately, even if bail is granted, you can still be detained. If an immigration officer or police officer has “reasonable grounds for believing” a person has failed to comply with a bail condition or may fail to do so in the future, they can be arrested under Schedule 10(10)(1).
The status of being under bail will terminate if:
- The person is no longer liable to being detained and the Secretary of State is not considering deportation against the person
- The person is detained
- The person is removed from or leaves the UK
- The person is granted with leave to enter or remain in the UK
How Can IAS Help?
If you, or someone you know, has been detained by the Home Office, it is highly advisable that you seek immigration bail guidance from a legal expert immediately.
With our urgent immigration bail package, our specialist immigration lawyers will:
- Visit you to provide immediate legal advice
- Arrange family visitations
- Outline the next steps in the process
- Make bail arrangements
Get in touch for free on 0333 363 8577 to discuss how we can help arrange bail for immigration detainees in further detail. You can contact us at our offices in London, Manchester, or Birmingham, or use our office finder to find your closest branch.
Last modified on May 10th, 2023 at 1:33 pm
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Under the UK immigration detention policy, detention is the practice of holding people while they wait for permission to enter or before they are removed from the country.
Detainees have not necessarily committed a criminal offence. The Home Office usually proceeds with the detention in the following cases:
- When it is believed that an individual will escape if released;
- When a person’s identity needs to be established;
- When a person’s removal from the UK is imminent.
It must be noted that this is an administrative process, meaning that the decision to grant bail for immigration detainees is made by an immigration official. However, if your bail application is refused, you can ask a judge to review your case.
Getting out of detention without professional help can be very difficult. For this reason, it is advisable to seek immigration bail guidance from an experienced immigration lawyer.
Any individual subject to immigration control in the UK can be detained in an immigration removal centre. However, the following categories are most likely to face immigration detention:
- Individuals subject to immigration control whose examination is still pending;
- Foreign nationals who have entered the UK illegally, have been working in the country without permission or have overstayed their visa;
- Immigrants who have been refused leave to enter or have failed to observe conditions attached to their status.
Whether your circumstances, it is advisable to seek legal guidance to submit your bail application as soon as possible.
The UK immigration detention policy does not set a fixed nor maximum period of detention. As a general rule, the period of detention can go up to more than six months. In addition, there are cases of cumulative lengths of custody, where individuals are released and re-detained after a short time.
The recent Immigration Act 2016 introduces automatic bail hearings for eligible immigration detainees after four months in detention. Nevertheless, this option is only available for those who have not applied for bail themselves.
If you believe that your period of detention may be unlawfully long, your lawyer can ask the High Court to review your case. In some instances, you may be able to seek financial compensations.
There are two ways to get out of an immigration removal centre:
- Home Office Bail (approved by the Secretary of State)
- First-Tier Tribunal Bail (granted by an immigration judge)
Any person detained or liable to be detained under specific provisions may eligible to be granted immigration bail. If you wish to apply for it, you must file the official immigration bail application form, known as Form 401.
However, you can submit your bail application only after you have been detained in the UK for seven days or more.
If the Home Office refuses your bail application, you can apply for the First-Tier Tribunal. In other words, by completing the Form B-1, you may be granted a bail hearing in front of a judge. However, it must be noted that the Tribunal cannot grant bail if your removal from the UK is supposed to be within the next 14 days.
If your request is refused by the First-Tier Tribunal, you will not be able to submit any further application for bail for the following 28 days. If you wish to try and present a second request, you must convince the Tribunal in writing that there has been a material change in your circumstances.
If one of your relatives or friends is currently facing detention, it is essential to hire a professional lawyer who can submit a comprehensive and adequate immigration bail application. This will maximise your chances of success without the need to ask for the intervention of the Tribunal.
Immigration bail hearings take place in front of a judge in a Tribunal. However, you are most likely to remain in your detention centre during the discussion and join it via video-link. If you have any financial supporters, they will be asked to attend the bail hearing as well.
During the proceeding, the judge will consider your entire situation. This includes the time you have been spending in detention, your financial and health conditions, your immigration history.
If you wish, your family and friends can attend the bail. However, you will not be allowed to speak with them. Your immigration lawyer will join the hearing as well, to completely represent you and highlight the reasons why your detention should end.
If your bail application is successful, you will be allowed to leave the immigration removal centre. In other words, you will be “released on bail”, but with specific requirements to meet.
In the majority of cases, the conditions of release requested by the Tribunal refer to a specific address to live at on release, such as with your family or supporters. You are also most likely to be asked to report regularly at a police station or reporting centre.
It must be noted that bail is rarely granted for an indefinite time. To keep receiving professional detainee guidance after you are granted leave to remain, you can hire one of IAS’ immigration lawyers. Your dedicated lawyer will review your situation and explore your options to remain in the UK.
If one of your friends or relatives is facing detention, it is essential to hire an expert lawyer and set up a system to resolve this situation as soon as possible. By doing this, you can save valuable time.
In addition, knowing that there is a plan in place to provide immigration bail guidance, can significantly reduce the psychological burden of being held in a detention centre.
Our Deportation/Detention Application Package offers a comprehensive service where we provide emergency advice to the individual detained and undertake and manage an application on their behalf.
This package includes:
- Visiting the person at the detention center and taking detailed instructions about their circumstances
- Providing tailored advice on the various options available to them and the expected time frames
- Discussing and checking the information required to complete the relevant application form(s)
- Completing the application form(s)
- Collating and checking the documentation required to support application
- Advising on any application fees and which application to make, such as claiming asylum
- Producing a detailed representation letter outlining the circumstances and merits of their application with reference to any relevant legislation and case law in support of your case
- Submitting the letter, the completed form(s) and supporting documentation to the relevant authority
- Arranging payment of any application fees
- Applying for bail to an immigration judge
We aim to visit the individual in the detention centre as soon as possible. This may depend on lawyer availability and detention centre/prison visiting hours.
Likewise, we can help you submit your detainee visit request. In the majority of cases, this may the only way to communicate with your friends or family and to offer them all the support they need.
Our aim is to offer detainee support as soon as possible, by beginning work on your application immediately. We will also submit a bail application to allow them to be released from the immigration removal centre.
Although there is no guarantee of bail being granted, we have a high success rate in bail being granted to our clients.
Many people detained at UK immigration will only be held for a couple of hours for a more thorough examination by immigration officials.
If you are refused entry to the UK at the airport and you decide to appeal the decision, you may be taken to an immigration detention centre while your appeal is processed.
IAS can provide help at any point during your detention, including at the airport. We can provide support within 24 hours of your first contact with us. We can help you submit your appeal and give it the best chance of success possible.
More information on what happens at the UK border and what to do if you’re refused entry to the UK at the airport.