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 asylum 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.
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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;
- they obtain a UK visa but flee their appropriate position or circumstance once in the UK;
- their UK visa expires and they do not apply for an extension/to switch onto a new visa; or
- they have been refused entry to the UK at the airport.
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.
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.
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.