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Detention and Bail

You are liable to be detained by Immigration Officials if your status in the United Kingdom is irregular.

Detention is normally used as a means to secure removal from the United Kingdom, particularly in instances where the applicant does not have existing leave to enter or remain in the United Kingdom and has no outstanding applications or appeals.

When to apply for Bail

If you are detained for 8 days or less, you can apply to the Chief Immigration Officer for bail and set out the reasons why you should not be kept in detention.

If you are detained for more than 8 days then you may apply to the Secretary of State for Bail on a standard Form given to you when you are first detained.

Usually, you inform your reasons on the Form and the Home Secretary or an official acting on her behalf should respond to your request within a matter of days.

Immigration Judge’s Bail

If you are detained for more than 8 days and you have not been given bail by the Home Office or your request has not been responded to, then it is likely that they are not willing to grant you bail and so it would be appropriate in those circumstances to apply to the Tribunal for Bail.

Procedures for Immigration Judge’s Bail

You would need to fill in a Bail Form and provide details such as address where you would be living if Bail is granted, as well as the names and addresses of sureties that will stand on your behalf.

It will also be necessary to inform the tribunal through the bail Form as to the amounts you and your sureties are prepared to put forward as recognisance as well as their respective identities, proof of income and accommodation.

After you submit your bail Form to the Tribunal, there will usually be a hearing within days of your application. You would either be brought to attend or participate via video link from your detention centre.

Circumstances of Grant of Bail

You will usually be granted bail if for example;

  • You have a previous history of complying with the laws of this country,
  • You previously reported to immigration officials and did not abscond
  • There is no date for your removal and it is not likely that you will be removed within days
  • You have a pending application or appeal that requires consideration
  • You have an accommodation to go to
  • You have sureties of reasonable standing with no criminal convictions
  • You and your sureties have undertaken to put forward a sum of money considered to be reasonable by the Home Office as recognisance in case you break the conditions of your bail

Reasons why Bail may not be granted

You are likely not to be granted Bail if for example;

  • There is a date set for your removal from the United Kingdom
  • You have no outstanding applications or appeals
  • You have no other legal issues that you wish to rely on as reasons for wanting to remain in the UK
  • You have no accommodation to go to
  • You have broken the terms of your bail before
  • You have a criminal conviction and the evidence is that you are likely to reoffend or pose a risk to the public if released

In some cases you may be granted bail but not released unless you are given permission from the Home Office. This is usually in situations where you are scheduled to be removed from the UK within 14 days.

Bail Conditions

If you are granted Bail, you will usually be placed under specific conditions and those are normally:

  • To live and sleep at a designated address
  • To report to an Immigration Officer at specific days and times, usually weekly

In some cases you will also be placed on electronic tagging. If this happens, you will not normally be released on the same day but will have to wait for at least 48 hours for your accommodation to be readied.

How we can help

Our experienced lawyers can help applicants:

  • Collect all the necessary information and documents
  • Make an initial Bail Application
  • Represent you at your Bail Hearing

We will assist by:

  • Obtaining documents relevant to your case and Immigration history
  • Advising on best solutions to enhance your chances of bail
  • Preparing Grounds for Bail
  • Submitting your application to the relevant authority
  • Advising you about other alternatives related to your bail application
  • Providing follow up support and services

Contact Us

DESCARTES SOLICITORS is recognised as one of the leading multi-practice firms in the UK. Our specialist immigration team can assist in making your initial application or fresh applications if you have unsuccessfully applied for Bail before.

For advice and assistance with a Bail application or appeal, please contact our lawyers on 02089953556/08445569901 or e-mail info@descartessolicitors.co.uk.

LINK TO UKVI GUIDANCE

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/488928/Bail_Applications_v_7.0.pdf