Bail for Immigration Detainees

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.