Immigration Bail: Exploring Your Options for Release

If you are found in breach of immigration law or the conditions of your immigration status, you could be detained in an immigration removal centre. If you are in an immigration removal centre, detention centre, or prison, you can apply for immigration bail. There are two routes in which you can do so

  1. Home Secretary and;
  2. First-Tier Tribunal
1. Home Secretary:

The immigration bail application is done via the Home Secretary any time after you arrive in the UK. The form that is applicable for this route is a ‘BAIL401’ and can be submitted numerous times. If refused, the detainee will receive a written letter confirming this and the reasons behind this decision.

2. First-Tier Tribunal:

Via the First-tier Tribunal and is decided by an Immigration Judge. The form applicable for this route is a ‘B1.’ After the immigration bail application is received, a ‘notice of hearing’ is sent which outlines the date and venue of the hearing. Please note that the hearing can be virtually or physically.

Prior to the bail hearing, the Home Office will send a ‘Bail Summary’ which outlines their reasons for opposing bail.

During the hearing, factors such as one’s immigration history, likelihood of absconding and financial and accommodation circumstances of the ‘FCS’ are considered. If one is refused bail, they must wait 28 days to put in another application unless there has been a significant change of circumstances.

What is a ‘Financial Condition Supporter’?

A financial condition supporter is an individual who can put forward a sum of money which acts as a form of guarantee that the detainee would not breach the conditions that may imposed on him. In the case that the detainee breaches the bail conditions, the ‘Financial Condition Supporter’ will be liable to pay this sum.

What happens if granted bail?

If one is granted bail, one will be released from detention and may have conditions imposed. These will be dependent on the circumstances of your case and can include the following:

  1. Reporting;
  2. Wear an electronic monitoring tag and;
  3. Reside at a particular address;

It is extremely important that one adheres to these conditions as the consequences of this could be severe.

You may be able to alter some conditions and a formal request must be made by filling a ‘B2.’

How can MSR help?

Navigating detention matters can be complex, but our expert team is here to assist those in detention. We have vast experience in this area of law and have achieved successful outcomes even in complex cases where people have had previous criminal convictions.

We offer compassionate support and continued support, even in cases where complexities arise. Should you require any additional information please feel free to contact us.

*This article is not legal advice but provides a general overview. The specific details of your case will determine the best course of action.