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.
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.
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.
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.
You will usually be granted bail if for example;
You are likely not to be granted Bail if for example;
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.
If you are granted Bail, you will usually be placed under specific conditions and those are normally:
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.
Our experienced lawyers can help applicants:
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 firstname.lastname@example.org.