Detainee Visits and Bail

If you have arrived illegally in the UK, overstayed your permission to be here or you are an asylum seeker whose claim has been refused, you and any dependents may be detained in an Immigration Removal Centre (IRC).

Detention is authorised in cases where the Home Office does not believe that you will report to the immigration authorities when in the UK. If you are detained you might be able to appeal the order. This can apply if you were detained for enforced removal or your application for leave to remain was refused. You can also apply for bail to secure your release from an IRC or another secure centre.

If you have been detained it is crucial that you seek legal help as soon as possible. Our dedicated immigration lawyers are experienced in all immigration laws and procedures. With our emergency advice package, An IAS adviser can meet you with you immediately to discuss your case, organise family visitations and make bail arrangements. Your lawyer will liaise with the Home Office to understand the grounds of your immigration issue. They will also act as your legal representative throughout your case.

FAQs

Who can be detained?

Anyone subject to immigration control (outside of the EEA or Switzerland) can be detained. Anyone subject to this, who is felt to have violated an Immigration Act, can be detained by an immigration officer.

A person can be detained by immigration officer if:

  • they are found to be entering the UK illegally;
  • they are working or residing in the UK without a proper UK visa;
  • if they obtain a UK visa but flee their appropriate position or circumstance once in the UK; or
  • if their UK visa expires and they do not apply for an extension/to switch onto a new visa.

What are my options if I am detained in a detention centre?

We can conduct a visit to an IRC or other secure centre to have a face-to-face consultation with you. We will also liaise with the Home Office to find out the grounds of your offence and make arrangements for family visitation and bail.

IAS will be able to advise you on any applications you can make from detention, including the process of claiming asylum.

What are my options if I am detained in a prison?

We can conduct a visit to a prison if you (or a family member) has been detained for a criminal offence which might affect your immigration status. We will also liaise with the Home Office to find out the grounds of your offence and make arrangements for family visitation and bail.

What is bail and how do I get it?

Bail is a legal procedure available to any individual who is being detained by the Home Office for up to seven days. It is an appeal to the court for a release and is applicable as long as certain conditions are met.  If a detainee makes an application for bail to the court, they will usually be tried in front of an Immigration Judge at the First-Tier Tribunal.

This Judge will decide whether they will grant bail. If they do, the detainee can leave their detention centre for a specified amount of time. It is highly recommended that a case for bail is presented by a legal representative.

Our Detainee Packages

Emergency Advice Package

Emergency immigration advice tailored to your circumstances and goals. Available 24 hours a day, 365 days a year

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Detainee Bail Package

We can provide immediate legal advice, assess your next steps and make bail arrangements

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Appeal Package

Ensure you have the greatest chance of a successful appeal. We will represent you in any hearings/tribunals

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Administrative Review

Challenge a Home Office administrative error.
Ideal for those with no right of appeal

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A few of

our experienced

immigration lawyers

Case studies

We are proud to have changed lives for the better. Here are some of their stories:

Tobin: EEA Permanent Residency Card

Tobin, a German National, split his working days between the UK and Germany. However, due to Brexit, Tobin was unsure about his ability to work in the UK in the… Read More

Gaston: Switching from Tier 2 to Tier 4

Gaston had been working in the UK for two years and decided that he wanted to stay in the UK and study.
He was unclear about the process and the… Read More

Ajay: Family Visit Visa Appeal

Ajay’s Mother, a Nepalese national, wanted to visit her son who lived in the UK and applied for a Family Visitor Visa but was refused.
They contacted IAS and… Read More

Moira: Tier 2 and Dependant Extension

Moira was an Australian National who had been working in the UK under a Tier 2 Visa and brought her husband over as a dependant.
Her Work Visa was… Read More

Harrison: Entrepreneur Visa

Harrison wanted to expand his Singapore-based business to the United Kingdom. He contacted IAS and worked closely with one of our lawyers who advised him to apply for for a… Read More

Arthur and Joaquin: Proposed Civil Partner Visa

Arthur was engaged to a Mexican National. He made an application for entry clearance for his partner but was refused. The wedding day was edging closer and closer so Arthur… Read More

Latest reviews

chueniuethai

Very good and politely

colin w
Very helpful when we needed help at EWR to extend a I95. Clear and concise information about what would happen… Read More
ana

The service was very professional and fast,great support received from the solicitor.

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