Your Rights While in UK Immigration Detention

UK Immigration Detention Rights

If you are currently being held in detention, or have received a deportation order and are liable to be detained, it is important to know that you have a number of rights, especially if you are an ‘at risk’ individual.

When detained in the UK, you have the following rights:

• Telephone communication with people outside of the detention centre
• Use of the internet, though your internet use will generally be monitored and certain sites are likely to be blocked (like social media, for example). The access may also not be 24-hour, but should generally be available for at least 7 hours a day
• Access to necessary healthcare services, both for pre-existing and new conditions
• Visits from friends and family
• Access to religious support and legal services
• Only being held in detention for a reasonable amount of time. If not set to leave the UK imminently, you should not generally be held in immigration detention and can apply for immigration bail

For those who are considered at risk, there should be a government presumption against detention. Meaning instead of being detained, you should be granted immigration bail, allowing you to live in the community, unless there are strong reasons in favour of your detention.

You may still be detained whilst qualifying as an at-risk adult if, for example, it seems that you are at high risk of absconding.

You may be considered at risk if you have a condition or traumatic life experience (e.g. have previously been tortured or trafficked) which means that being detained is likely to cause you harm. The UK government recognises 3 ‘at risk levels’:

• Level 1: You have ‘self-declared’ as vulnerable but there is no professional evidence available
• Level 2: You have either professional or official evidence which demonstrates that you have previous experience of trafficking, torture, or comparable abuse
• Level 3: You have professional evidence which clearly demonstrates that you are at serious risk and likely to be caused harm by being detained (this may apply if you have post-traumatic stress disorder or a similar mental health condition, for example, or have a serious physical disability to which the detention accommodation is ill-suited)

Individuals at a higher risk level have a stronger case for release from immigration detention.

Pregnant individuals cannot generally be detained for more than 72 hours. However, this may be extended to a week in exceptional circumstances, provided that ministerial approval is obtained.

Families with children should not be detained, unless they are in ‘pre-departure’ accommodation and set to leave the UK imminently. In this case, they should generally not be detained for more than 72 hours, although this may also be extended to up to a week with ministerial approval.

UK Immigration Detention: Overview

The UK Home Office has numerous immigration powers and the authority to detain individuals for a number of reasons, whether you are waiting for permission to enter the UK or are due to be deported or removed.

The main reasons you may be detained by the UK government include:

• You are considered likely to abscond if not detained
• There is currently insufficient evidence to make a decision on your release/admission to the UK
• You are due to be removed or deported from the UK soon
• Your release into the community would be against the public good

The UK government will aim to prioritise immigration bail over detention, especially for vulnerable individuals and families. This means that you will have conditional permission to live in the community, though you will usually have to satisfy certain conditions.

Immigration detention policy is an area that is subject to ongoing change and often receives considerable attention from the UK media. It is important to stay up to date on recent changes, use reliable information sources, and seek legal assistance when unsure about your rights.

Immigration detention should not be indefinite in the UK; it is intended only as a short-term measure. For any concerns about the length of your detention or about experiencing unlawful detention, contact IAS today.

Places of Immigration Detention

The UK has a number of places of detention, aimed at different people and for different reasons.

UK immigration removal centres are places of detention that should be used only when you are set to leave the UK imminently. These include:

• Brook House (for men)
• Colnbrook (for men)
• Derwentside (for women)
• Dungavel (for men and women)
• Harmondsworth (for men)
• Tinsley House (for men, with a pre-departure accommodation facility which can also be used for families with minor children)
• Yarl’s Wood (for men and women)
• Campsfield (for men)

The UK also has a number of residential short-term holding facilities. These can be found in Larne House, Manchester, and Swinderby. Additionally, Gatwick has pre-departure accommodation for those set to fly from the UK imminently.

You have the right to be held in a detention centre appropriate to your circumstances. If you are a family with young children, for example, you should only be held temporarily and in a family-appropriate centre.

Difference Between Deportation and Removal

Deportation and removal involve leaving the UK under different circumstances. Administrative removal from the UK occurs when those without leave to remain are removed from the country.

For example, if you have overstayed your visa or entered the UK without permission, you will be liable to removal. If informed that you must leave the UK, you have the option of leaving voluntarily and will be able to apply to re-enter the UK in 1 year.

Asylum seekers with an ongoing asylum application will not generally be liable for removal. Refused asylum seekers without a criminal record, on the other hand, may be removed from the UK.

Deportation from the UK will occur in the following circumstances:

• You are a foreign national offender who has received a criminal sentence (for which you received a prison sentence of at least 12 months or, from March 2026, a suspended sentence of at least 12 months)
• Your presence in the UK is deemed against the public interest (e.g. considered a threat to public safety, even when you do not have not received a 12-month sentence)

Before being deported, you should receive a deportation order. You may also be taken into detention, and should prepare for this possibility. For example, make sure to bring all required legal documentation to any immigration appointments.

In the case of deportation, your exit from the UK will be organised for you.

For as long as you have an active deportation order, you will not be able to enter the UK. Entering the UK while it is still in effect is a criminal offence. You will need to successfully apply for a revocation of the deportation order should you wish to legally re-enter.

Immigration Bail

The Home Office has a presumption in favour of immigration bail over detention. This means that unless there are specific and strong reasons to detain you, you should generally be allowed to live conditionally in the community even after receiving a deportation order.

You can apply for immigration detention bail through 2 main routes via:

• The Home Secretary (as soon as you enter the UK)
• Appealing to the First-tier Tribunal (Immigration and Asylum Chamber) (once you have been in the UK for at least 8 days)

Once you have been detained for at least 4 months, you may be automatically referred for a bail hearing.

If you successfully receive detention bail and are given permission to conditionally live in the community, you will generally be given certain conditions which you must satisfy.

This is likely to include at least 1 of the following:

• Receiving restrictions on where you can live
• Attending a regular appointment or hearing
• Reporting regularly to an immigration official
• Having an electronic monitoring tag

You can request changes to the conditions of your bail – should you need to change address, for example – although your request might be rejected.

How Can IAS Help You?

Being detained in the UK can be a confusing and worrying experience. The rules governing immigration detention are often difficult to navigate, especially for those unfamiliar with the UK system. Understanding your rights, and any changes to UK detention rules, is very important.

At IAS, our legal experts are here to help you with the entire UK immigration process. We can represent you during your detention and help ensure that your rights are upheld.

Contact us online today or on +44 (0)333 414 9244 to learn more about our full range of services and to arrange legal representation during your detention.