Indefinite Detention in UK

Understand the Indefinite Detention

Indefinite detention occurs when someone is held in immigration detention without a fixed date on which their detention will end. Detention should only be used when the detainee is set to leave the UK imminently; this is not always the case, and time in detention can sometimes become indefinite by default.

The UK does not place a statutory time limit on immigration detention. Meaning that, theoretically, someone may be held indefinitely, although this is also against UK law. If you believe you are being held without a definite end date, it is important that you are aware of your rights.

You may be held in UK immigration detention if you are set to be removed or deported from the UK. Removal and deportation are 2 separate processes: removal generally occurs when someone does not have permission to be in the UK, whereas deportation generally occurs in cases involving eligible criminal convictions or individuals who pose a risk to the public good.

Whether you are set to be deported or removed, you should not be held in UK immigration detention indefinitely; this is contrary to the purpose of UK immigration detention. You should be held in detention only if there is a realistic chance of your imminent removal within a reasonable time.

If your removal or deportation is not imminent, alternative measures should be taken, such as immigration bail, under which you live in the community and are subject to certain conditions.

End Indefinite Detention Movement

There is significant pressure on the UK government to end indefinite detention because international human rights law provides legal protections preventing the detention of individuals indefinitely.

Whilst detainees in the UK should not be held indefinitely, the absence of a statutory limit on UK detention time means they may be held indefinitely in practice.

Some of the pressure on the UK government against indefinite detention comes from ethical concerns about the practice of indefinite detention and the impact it has on detainees.

In 2018, UK human rights organisation Liberty submitted evidence to the Joint Committee on Human Rights (JCHR) inquiry into immigration detention in the UK, arguing for a 28-day detention time limit. It highlighted the substantial psychological cost of being detained for more than 1 month, alongside the high cost to the taxpayer of longer periods of detention.

In 2024, 20,604 people were detained, and Detention Action found that one-third of those released had been detained for more than 28 days. This suggests that, at least in some cases, the detentions occurred too soon before the individuals in question were eventually removed from the country.

As there is still no maximum statutory limit on detention in the UK, this remains a key area of debate and may be subject to future policy changes.

Causes and Impact of Indefinite Detention

You may be taken into immigration detention if you are due to be deported or removed from the UK and are considered likely to abscond.

You may also be taken into immigration detention if you are considered a threat to the public good, including being affiliated with a terrorist group or involved in terrorist activities.

Indefinite detention occurs when an individual is taken into immigration detention without a clear end date. If taken into detention when not imminently due to leave the UK, for example, you may be vulnerable to indefinite detention.

Not having a clear end date for your release from detention can have significant mental and physical impacts. Many individuals who are being held indefinitely report a substantial impact on their mental health and physical well-being.

When Might You Be Detained?

You should only be detained when you are due to be removed or deported from the UK in the near future.

Removal generally occurs when you do not have permission to be in the UK, such as overstaying your visa, but have not committed a relevant crime and are not considered a threat to the public good.

Deportation occurs when you are a foreign national offender and have received a prison sentence of at least 12 months or, as of March 2026, have received a suspended sentence of at least 12 months.

If you are in the UK with a pending asylum application and do not have a criminal record, you should not be liable for deportation or removal and should not be taken into immigration detention; instead, appropriate alternative accommodation should be arranged for you.

High Costs of Indefinite Detention

Indefinite detention comes at a high financial cost. This is one of the main arguments used by human rights organisations against indefinite detention.

Detention Action claims that each detained person costs the UK taxpayer £44,500 a year, or £122 a day. This includes the cost of accommodation and meals.

Immigration bail is a cheaper alternative in which individuals live in the community but are subject to certain restrictions, such as limits on where they can live.

Human Rights Violations in Indefinite Detention

There have been mixed reports surrounding the treatment of detainees in UK immigration detention.

When you are being detained in the UK, your human rights must still be respected. Under the UK’s Human Rights Act 1998 you have a human right to the following: life; freedom from torture and inhumane/degrading treatment; protection against slavery; liberty and freedom (except where there are legal reasons for your detention, e.g. you have committed a crime or are due to be deported/removed from the UK); fair trial; family life; getting married; freedom of thought, religion, and belief; and freedom of expression.

Even if you do not have authorisation to be in the UK, your human rights must still be recognised and protected by the UK government and the detention facility. Where possible, for example, you and your family should be detained together in a detention facility intended for families.

Similarly, you should be free to practice your religion even when in detention.

Global Perspectives on Indefinite Detention

While different countries often have varying legal approaches to indefinite detention, there is generally agreement that immigration detention should only be used when removal or deportation from the country in question is imminent.

However, in practice, individuals around the world may often be detained for months at a time, depending on the number of immigration cases being processed by their state departments, courts, or other relevant legal or governmental channels. In the US, for example, immigration detention may extend for several months, even when the target is only a few days.

In the US, jails and prisons often work closely with Immigration and Customs Enforcement (ICE), submitting a written request known as an Immigration Detainer to hold a person due for release for up to an additional 48 hours. This allows for an eventual ICE detainer removal, in which the individual in question is taken into ICE custody and eventually deported from the US once the ICE detention duration ends.

There have also been cases of immigration detainees being transferred to third countries, introducing an additional global component. For example, US detainees being transferred to African countries. The UK government recently attempted to introduce a programme under which certain asylum seekers would be sent to Rwanda to have their asylum applications processed, but it ultimately failed.

Across the world, many charities and NGOs advocate against indefinite detention. Regardless of where in the world you are, there is support available to you.

How Can IAS Help?

In the UK, detainees have legal protections against indefinite detention. It is not lawful for the UK government to indefinitely detain someone who does not have leave to remain in the UK; detention should be used only as a temporary measure prior to removal or deportation. This is despite the UK lacking a maximum deportation hold length.

Even when you are being detained, you are still entitled to legal representation. If you are being held in UK immigration detention without a fixed end date, contact IAS today.

We can represent you during the detention process, help ensure that the detention centre where you are being held is suitable for you and your family, and assist you in applying for immigration bail so that you can live in the community.

Contact us online today or on +44 (0)333 414 9244 to learn more about our full range of packages, including our Advice and Appeal packages, and to receive bespoke assistance with detention.