Deportation

Immigration bail

National law firm Solicitors representing clients across the UK

On this page
  1. Two ways to apply
  2. What the judge looks at
  3. Conditions
  4. If bail is refused
  5. What we do
  6. If it is urgent
  7. Ask a question

Anyone held in immigration detention can apply for bail. Bail does not end the immigration case; it releases you from detention while it continues, on conditions. Most people are granted bail eventually, and a well-prepared application shortens the time in detention.

Two ways to apply

  • Home Office bail: a written application to the Home Office, decided on the papers. Quick, but often refused where removal is said to be imminent.
  • Tribunal bail: an application to the First-tier Tribunal, heard by a judge, usually by video link from the detention centre. Hearings are listed within a few days. If you have been detained for four months without applying, the Home Office must refer your case to the Tribunal for a bail hearing automatically.

What the judge looks at

  • Whether removal is actually imminent.
  • The risk of absconding, and whether conditions can manage it.
  • Any history of offending or breaching conditions.
  • Where you will live. An address, ideally with someone who will support you, is the single most useful thing. Where you have none, we apply for Home Office accommodation as part of the bail application.
  • Vulnerability and the effect of detention on your health.

Conditions

Bail usually comes with a residence condition, reporting, and sometimes electronic monitoring for foreign national offenders. A financial condition supporter who promises to pay a sum if you abscond helps but is not essential.

If bail is refused

You can apply again. A repeat application within 28 days needs a change of circumstances; after 28 days it does not. We prepare the second application to meet the reasons given for the first refusal.

What we do

We take instructions by phone or video from the detention centre, obtain the address and supporter evidence, draft the application and represent you at the hearing. Legal aid is normally available for bail.

If it is urgent

Detention, removal directions and short deadlines are dealt with the same day. Call 0161 222 5860 and say it is urgent; outside office hours leave a message with the detainee's name, where they are held and any reference numbers, and we will call back.

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email.

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