UK Immigration Bail Eligibility, Application and Grant Of Bail

A person such as, one in immigration detention, an asylum seeker, overstayer, or who is subject to removal, can apply for an immigration detention bail. If granted by the Home Office/Secretary of State or an independent judge at the First-tier Tribunal (Immigration and Asylum Chamber), that person will be allowed to live in the community in the UK instead of being held in an IRC (Immigration Removal Centre) or a prison, while their immigration case is still being decided.

Any individual who is detained, or liable to be detained, under any of the following conditions is eligible to receive immigration detention bail in the UK by the Secretary of State:

• Under the Immigration Act 1971 (the act which governs immigration control in the UK), detention by immigration officers of persons liable to examination or removal

• Under the Immigration Act 1971, detention pending deportation

• Under the NIAA (Nationality, Immigration and Asylum) Act 2002, detention by the Secretary of State of persons liable to examination or removal

• Under the UK Borders Act 2007, detention pending automatic deportation

A person, after having been held by the Home Office on immigration matters, can apply for immigration bail. Bail means they might be released from detention.

When a person is more likely to get bail

Those with a place to stay are more likely to be granted bail. Also, bail applications of those with at least one ‘Financial Condition Supporter’ are more likely to succeed.

A financial condition supporter is someone (usually a family member, friend, or another responsible person) who will pay money if the applicant breaches the conditions of their bail and who can attend their bail hearing.

The bail applicant is required to provide information about where they will stay in the UK and their ‘Financial Condition Supporters’ in the immigration bail application form.

When a person might not get released on bail

A person may find it harder to get released on bail if they have broken condition of their bail in the past or have a serious criminal record, and there’s a risk they might reoffend.

Those refused bail in the last 28 days will not get another hearing unless their situation has changed significantly. They should explain, in their application, what they think has changed.

Those who are refused immigration bail will get a written statement telling them why they have been refused.

If a person is due to be removed from the UK 

A person might not be released even if they are granted bail. If a person’s removal date is in 21 days after getting bail, the Home Office will have to agree to their release.

Applying for immigration bail

Depending on a person’s situation, they can apply for bail in 2 primary ways. They can apply to:

• the Home Secretary (‘Secretary of State bail’) any time after their arrival in the UK

• the First-tier Tribunal - only if they arrived in the UK more than 8 days ago

Those having been in detention for at least 4 months might be automatically referred for a bail hearing.

Those appealing to the SIAC (Special Immigration Appeals Commission) can apply to them for bail.

A person can apply to be let out on bail while they are waiting for the Special Immigration Appeals Commission to hear an immigration appeal if the government has held them in a detention centre or prison because it believes that person is a threat to national security and should be deported.

An applicant can take a solicitor or legal adviser’s help.

Applying for the Secretary of State bail

A person can apply to the Home Secretary for immigration detention bail from the first day they arrive in the UK. This is called ’Secretary of State Bail’.

They will need to download and fill in the specified form BAIL401, in which they will be required to explain why they are asking for bail.

Alternatively, those in an IRC (Immigration Removal Centre) can also get the form from the welfare officer, or those in a prison can get the form from their detention paperwork pack.

The bail application will be decided by Home Office staff without a hearing.

Applying for immigration bail from the First-tier Tribunal

Those who arrived in the UK more than 8 days ago can apply to the independent ‘First-tier Tribunal’ for bail, where an independent judge at a hearing will decide their bail application.

The applicant needs to download and fill in Form B1.

Those having a tribunal appeal hearing scheduled will need to send the form to the tribunal or hearing centre where it’s happening. 

Those without an appeal hearing should ask the staff at the place they are held. The staff can fax the bail application to the right venue.

Automatic referral for immigration detention bail

Those who meet all the following conditions will be referred automatically to the First-tier Tribunal for a bail hearing by the Home Office.

They have been in detention for at least 4 months

• They are not being detained in the interests of national security

• No action is being taken to deport them from the UK

• They have not applied for bail to the First-tier Tribunal in the last 4 months

The Home Office will make an application on the applicant’s behalf using all the information they have.

The person can refuse the referral or choose to make their own bail application. The Home Office will apply on the person’s behalf every 4 months unless they apply for bail themselves.

At the First-tier Tribunal hearing 

Usually, a hearing will take place where an independent judge will decide if a person should be granted immigration bail. This will happen a few days after the tribunal receives the bail application. The applicant will receive a ‘notice of hearing’ telling them when the hearing is.

The applicant will probably not be in the room for the hearing, as the hearing is more likely to happen remotely via a video link. 

The Home Office will send the tribunal a document in which they have listed the reasons why they think the applicant should not be granted bail (called a ‘Bail Summary’). The applicant will also be sent a copy of this.

Grant of bail

Those who are granted bail will have to obey at least one of the following conditions. 

• report regularly to an immigration reporting centre; or

• attend an appointment or hearing; or

• face restriction on the place of their residence; or

• have an EM (Electronic Monitoring) tag; or

• have restrictions on the occupations, work, or studies they can do; or

• obey any other condition the person granting the immigration detention bail thinks fit

The applicant or a person, such as a friend or family member, supporting the applicant's financial condition, called a 'Financial Condition Supporter', might have to promise to pay money if the applicant breaks one of the other conditions of their immigration bail. This is called a ‘financial condition’.

However, these conditions can be changed after the person is granted bail.

Those who fail to follow the terms of their bail might:

• have their bail conditions changed with tighter restrictions

• be charged with a crime

• have to pay the money that was agreed at the bail hearing, or their Financial Condition Supporter might have to pay this

• be sent back to detention

Asking to change the conditions of immigration bail

A person who has been granted immigration bail can ask to change (‘vary’) their bail conditions, for example, if they need to move to a new address.

Those on Secretary of State bail should speak to an immigration officer.

Those granted bail by the First-tier Tribunal, should fill in form B2 and send it to their nearest First-tier Tribunal (Immigration and Asylum) hearing centre. 

The Home Office might oppose their request.

Those with their immigration bail transferred to the Home Office should contact the Home Office.

The person released on bail must continue to obey their bail conditions until a decision has been made to change them.

How can Visa and Migration help?

Being detained is a tough situation. Thinking of applying for an immigration bail may even be tougher for you. However, you should not worry. We are here to help.

We will assess your eligibility for the immigration bail and accordingly help you go through the entire process smoothly. We also give our best to ensure you are granted immigration bail.

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write at info@visaandmigration.com