Immigration detention in the UK has a notoriously bad reputation and it is a place one would not want to avoid. There are many reasons why a migrant may find themselves in Immigration detention, but there are certain circumstances where an individual may be entitled to Immigration Bail. An Immigration Bail application must be made to the First-Tier Tribunal and if successful, the Judge will allow the release of the migrant pending the outcome of their immigration matter. It is important that Applicants can demonstrate they are of good character and can be trusted to be given Immigration Bail and comply with the strict Immigration Bail conditions applicable to them. LEXVISA can assist with the preparation of a success Immigration Bail Application and would urge anyone in need of Immigration Bail to get in contact with us to arrange an initial consultation to discuss each individual case on its own merit.
What is an Immigration Bail Application?
An Immigration Bail Application can be made when a migrant has been detained by the Home Office in either an Immigration Detention Centre or in prison, following a custodial sentence. Immigration Bail replaced Temporary Admission and Temporary Release in 2018 and if Immigration Bail is granted, it means that the Applicant will be released from detention. It is important to note that there are often Immigration Bail conditions that will be set, and failure to comply with these conditions will result in the individual being re-detained. Failure to comply with Immigration Bail conditions will also cost the Financial Condition Supporters the (usually substantial) amount of money they have put forward as a surety. The six possible Immigration Bail conditions are mentioned below:
- A condition requiring the person to appear before the Secretary of State or the First-tier Tribunal at a specified time and place;
- A condition restricting the person’s work and/or studies in the UK;
- A condition about the person’s residence;
- A condition requiring the person to report to the Secretary of State or other person specified, i.e. at a local police station;
- An electronic monitoring condition; or
- Other conditions as the person granting the immigration bail see fit (i.e. a curfew or requirement to notify the Home Office of change in circumstances).
It is also possible to apply to vary the Immigration Bail conditions. The LEXVISA team have experience in successfully applying to vary our client’s Immigration Bail conditions and are happy to discuss our full service over the telephone and be instructed to assist with any new Immigration Bail applications.
Top tips when applying for Immigration Bail?
When preparing a strong Immigration Bail Application, it is important to consider the following:
- Have two Financial Condition Supporters who are able to put forward a sufficient sum of money as a ‘surety’;
- The Financial Condition Supporters will also need to provide their bank statements and source of income;
- The Financial Condition Supporters should be able to demonstrate their status in the UK and must be over the age of 18;
- Suitable accommodation evidence should be provided to demonstrate where the Applicant will stay once they are granted Immigration Bail;
- Immigration Bail Applicants must be able to demonstrate they are of good character and can be trusted to comply with their bail conditions if released; and
- Have well-prepared Grounds.
Using Legal Representation to submit a successful Immigration Bail Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Immigration Bail Application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject Immigration Bail Applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully submit an Immigration Bail Application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Immigration Bail Application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Immigration Bail application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your immigration matter or application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.