Immigration bail is an application to a court for release, usually under certain conditions. When a detainee makes an application for immigration bail they are brought to an immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained. The case may be presented by a legal representative and will generally be opposed by a Home Office Presenting Officer.
Immigration bail guidance
You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you might be released from detention but you’ll have to obey at least one condition.
Conditions of your immigration bail
If you’re granted immigration bail, there will be at least one condition you have to obey.
You might have to:
- report regularly to an immigration official
- attend an appointment or hearing
- be restricted on where you can live
- have an electronic monitoring tag
- have restrictions on the work or studies you can do
- obey any other condition decided by the person granting your bail
You or your financial condition supporter might have to promise to pay money if you break one of the other conditions of your bail. This is called a ‘financial condition’.
These conditions can be changed after you’re granted immigration bail.
If you do not follow the terms of your immigration bail you might:
- have your immigration bail conditions changed so that there are tighter restrictions
- be charged with a crime
- have to pay the money agreed at the hearing – or your Financial Condition Supporter might have to pay
- be returned to detention
Can I apply for immigration bail?
You can apply whether you’re held in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.
When you’re more likely to get immigration bail
You’re more likely to get immigration bail if you have a place to stay.
Your immigration bail application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’. This is a person who:
- will pay money if you don’t follow the conditions of your bail
- can attend your bail hearing
Give information about where you’ll stay and your Financial Condition Supporters in the application form.
Immigration bail application refusal
You may find it harder to get immigration bail if you:
- have broken bail conditions in the past
- have a criminal record, and there’s a risk you might offend
If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly. If you are refused bail, you’ll get a written statement telling you why.
Contact Expert Immigration Solicitors
As Immigration bail solicitors based in the easily accessible area of Colchester, Chelmsford and London, we can assist in making an immigration bail application and represent the detainee in the immigration court.