Bail for Immigration Detainees

How IAS Can Help With Your Situation

• Compassionate support from an experienced immigration lawyer

• Help in complying a compelling case

• Comprehensive documentation checking

• Immigration law compliance

• Personalised Letter of Representation

• Continued support from your lawyer in the event of any complications.

• Plan of action

• Increased chance of success

For more help on making bail arrangements for a loved one, contact the team at IAS today.

Contact Us

Everything you need to know about Immigration Bail

What is Immigration Bail?

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 and you could be detained. However, it is possible to apply for immigration bail, which means you can be released while your immigration case is processed. There will be conditions attached to such bail that you must not breach.

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.

When Does Immigration Bail Apply?

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 if the following apply:

• 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 be granted bail if you:
• Have a criminal record
• Have broken bail conditions in the past

Reach out to an immigration specialist for advice on applying for immigration bail and support in establishing a legal immigration status.

Eligibility for Immigration Detention 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 Immigration Advice Service, we can provide immediate assistance to detainees and explain the full immigration bail application process. Call us now on +44 (0)333 414 9244 for emergency immigration bail assistance.

How Long Does Immigration Bail Last?

The exact length that immigration bail lasts varies and there is no fixed length of time. The conditions imposed on an individual will vary depending on their circumstances.

If granted bail, it is possible to remain on bail for years as their immigration case is considered. However, being on immigration bail does not mean they have legal settled status in the UK.

Anyone breaching their immigration bail could be subject to detention and this could have significant long-term consequences.

How Can a Immigration 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.

Seeking Secretary of State Immigration Bail

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.

Process at 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.

What is Automatic Bail?

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 Happens After Immigration Bail is Granted?

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.

What are the Reasons for Immigration Detention?

There are a number of reasons why someone may face immigration detention. If you appeal to stay in the UK or your fresh claim has been rejected, then it is likely you will be detained when you next report to the Home Office. You may also be detained when you enter or re-enter the UK or claim asylum.

It is important to note that 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) and face immigration detention.

What is the Time Limit for Immigration Detention in the UK?

There is no time limit on how long an adult can be detained. Unless they are pregnant and the limit is then 72 hours, although this can be extended with government approval.

If detained under immigration powers then someone is usually held in a short-term facility before being relocated to a long-term detention centre.