Bail for Immigration Detainees

Our immigration lawyers can assist you with your case if you are being held in a prison or an immigration removal facility.

Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

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Detention and Bail for Immigration In UK

Freedom from arbitrary arrest and imprisonment is a fundamental human right, protected under the Human Rights Act 1998, and is legally enforceable throughout the UK.

At UK Immigration Solicitors, we understand the importance of safeguarding this right. If you or someone you know has been detained, we are here to help. Our dedicated team is committed to assisting you and will strive to secure your release from detention as promptly as possible.

Our Legal Services Include:

Our experienced UK immigration Solicitors can help you with your immigration process.

UK Immigration Detention Centres Explained

The UK is home to several Immigration Removal Centres (IRC’s). These are also commonly referred to as Detention Centres. These facilities are similar to mainstream prisons and are used by the UK Government to place people who they suspect do not have a legal right to stay in the UK, or whose legal right to be in the UK is still to be decided, while they try to remove or deport them to their ‘home country’.
Although immigration detention is an administrative process, it can often seem like a criminal procedure. UK Immigration Solicitors assists detainees held at any of the detention centres listed below.
The UK Government believes that it is right to lock people up in order to make sure they do not go missing before they are removed from the UK. UK Immigration Solicitors is strongly against this view as we believe that detention is only warranted in extreme cases and that those awaiting Home Office removals/decisions should be treated with respect and dignity rather than contempt and suspicion.

Speak to our assessment team now to confirm your eligibility and options for free on 0203 384 4389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Reasons for detention

There are various reasons why somebody may be detained for immigration purposes.
Common detainees include:
There may be other reasons why you have been detained. The Home Office must tell you the reasons why you have been detained at the time of your detention. This is on a form called an IS91R. If you have not been given one, ask the Home Office to give it to you.

Our experienced UK immigration lawyers can help you through each step of the immigration process. 

Ways to get out of detention

There are four main routes that can be used to get you released from immigration detention:

Home Office Bail – This is a paper based consideration only. Essentially, you are asking for the Home Office to reconsider its decision to detain you and are asking to be released on bail for Immigration detainees.

If your main immigration or asylum case is successful – If the Home Office have approved your original application and granted you permission to stay in the UK, you should be released from detention as the authority to hold you is no longer valid.

You should be aware however that if the Home Office intend to appeal this decision and feel that you will go missing if released on bail for immigration detainees, they may still keep you in detention whilst the appeal is heard.

Bail from an immigration judge (Tribunal bail) – If you have been in the UK for a period of at least 8 days, you have a legal right for Tribunal Bail. Tribunal Bail is the term given to the process of being released from detention by an immigration judge often subject to certain conditions. It is the immigration judge’s job to independently assess the Home Office’s arguments of keeping you detained are strong enough.

Release by the High Court

The High Court of Justice (usually known as the High Court) is one of the Senior Courts for England and Wales. Often, we challenge Home Office decisions at the High Court through the process of Judicial Review. If we are able to argue that the Home Office has detained you without following the law correctly, we may be able to argue that your detention is unlawful and therefore you should be released immediately.

It is important to note that the Judicial Review process only concerns the legality of the process as apposed to whether the outcome was correct. This is a particularly complex area of law and requires an experienced specialist to present a compelling application for Judicial Review.

Our experienced UK immigration Solicitors can help you with your immigration process.

Time limits for detention

Unfortunately, there is no specific time limit on immigration detention. Whilst some people spend a few weeks in detention, sadly we are increasingly seeing cases where detainees are held for long periods of time often running into years depending on complexity. This is quite often the case when detainees are assessed as posing a risk to the public or when there are complications in returning someone to their country of origin.
In particular, if you fall into the following categories, it is very important you seek immediate assistance:

Our experienced UK immigration Solicitors can help you with your immigration process.

When bail isn't the best option

Sometimes, it may not be advisable to make a bail application for you, for example:

Our experienced UK immigration Solicitors can help you with your immigration process.

Financial Guarantor/Supporters

Although not a strict requirement, having a financial supporter will increase your chances of getting bail in most circumstances.

A financial supporter/guarantor acts to support your application for bail. This person volunteers to ensure that you meet your bail conditions and also promises an amount of money to the court which will be lost if you break your bail for immigration detainees conditions.

Our experienced UK immigration Solicitors can help you with your immigration process.

How much money must the financial supporter promise?

There is no minimum amount. Bearing in mind that the money will be lost if the detainee breaches their bail conditions, the financial supporter should not promise more money that they can afford to lose. This will vary between different people depending on their financial circumstances. The financial supporter must be able to show that the money is their personal funds and they can spend it as they wish. The money must also have been in a UK bank account for a minimum period of 90 days. If the financial supporter is unable to produce the last three months bank statements, payslips may be accepted as an alternative. If the detainee complies with their bail conditions, and the bail period comes to an end either because stay is granted or ultimately refused, the financial support will not lose the funds.

If you comply with all of the conditions of your release

Your financial supporter will not be required to give money to the Tribunal or to Home Office.

Who can be a Financial Guarantor/Supporters?

Anyone who is legally in the UK can act as a financial supporter. Generally speaking, financial supporters should be employed. However, if the supporter is not employed, they must be able to demonstrate that they have enough money. In order for the supporter to add credibility to your case, they must know you personally and be able to demonstrate that your belief and support of the bail for immigration detainees application is justified.

If you do not comply with the conditions of your release

The Home Office or the Tribunal will take the appropriate steps to recover the money owed from your financial supporter.

If you are granted permission to stay within the UK or are removed from the country

Your financial supporter’s responsibility to you ends and they are no longer at any financial risk.

Our experienced UK immigration Solicitors can help you with your immigration process.

Why bail is refused

There are three main reasons why bail is refused:

A financial supporter/guarantor acts to support your application for bail. This person volunteers to ensure that you meet your bail for immigration detainees conditions and also promises an amount of money to the court which will be lost if you break your bail conditions.

Frequently Asked Questions (FAQs)

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

Police can keep you in jail for up to 24 hours before deciding whether to charge you with a crime or let you go. If they think you are guilty of a major crime like murder, they can ask to hold you for up to 36 or 96 hours. The Terrorism Act lets police hold you without charges for up to 14 days.

Refugees, asylum seekers and migrants cannot be subject to arbitrary detention.

 

As each person’s situation, the court process, and the difficulty of the case determine, the length of immigration detention in the UK varies. This depends on things like current court battles, the availability of travel papers, and bail requests. It is best to talk to a lawyer to get the correct information about your case.

If detained by immigration:

  • Stay calm and cooperate with authorities.
  • Know your rights, including the right to legal representation.
  • Contact your embassy or consulate for assistance.
  • Seek legal advice and provide accurate information.
  • Document details of the detention.
  • Understand the reasons for detention.
  • Follow legal processes and stay informed about your case.

Most people in jail will be there for less than two months, but in 2019, 26% were there for more than 28 days. These people have been held for more than six months, and thirteen have been held for more than 18 months. It’s less possible that someone will be sent back to their home country the longer they are in jail.



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