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Citizenship guide
Imperial experience

Immigration Bail: What to do if you are detained?

A detention centre can be a very traumatic experience for a person. We are able to represent our clients with their immigration applications when they are held in detention, but we can also ask for bail both in detained and non-detained cases where we will require the individual to be freed or not to be detained.

You can be given bail in specific circumstances, e.g. when it is known that your removal from the country will not take place any time soon and they cannot keep you lawfully detained any longer, or there is a high probability of a deportation order being made against you.

Applying for bail

There are two options available to you, subject to new regulations and guidance currently in place. If you have been detained for 4 months and have not made any application for bail yet, you will be granted an automatic hearing. The probability of a positive outcome is higher if you have a place to live in and someone who can vouch for you financially, so called Financial Condition Supporter.

Important: bail does not prevent you from being detained while you are on it.

Application to the Secretary of State

This application can be made any time once you are in the country, even on the first day of your entry and detention. You are eligible to apply if you are detained or liable to detention. In majority of cases, you will have to appear before the Secretary of State at an appointed time and place. For your application to be approved, you must comply with the conditions set by the Home Office based on your case, for example restriction on your activities, such as studies, reporting to police, monitoring with an electronic device, etc.

Application to the First-Tier Tribunal

You can apply under this option only if you have been present in the United Kingdom for at least eight days. You must be detained; if not, the Tribunal is not authorised to grant you bail. Your case will be decided by an impartial judge at a hearing. Chances are you will not be able to attend your hearing yourself, and you are not required to; you can attend via video link or ask a Financial Condition Supporter to represent you. If your application is granted, you will get a summary of your bail conditions.

You must comply with all conditions outlined in the bail notice. Failure to do so will result in administrative arrest, financial or criminal penalties.

How we can help

We here at Imperial & Legal are able to provide assistance at any stage of your bail application, including but not limited to the following:

  • Reviewing and fully advising on your case and possible conditions;
  • Consulting on the documents and evidence required for your bail application, including a place to stay and Financial Condition Supporter(s);
  • Completing your bail application;
  • Drafting legal representations in support of your case;
  • Sending your case to the Home Office and/or the First-Tier Tribunal;
  • Attending and representing you at the Immigration and Asylum Chamber for your bail hearing;
  • Reapplying on your behalf in case of refusal;
  • Constant support of your case.
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