In some circumstances, detainees can apply for Immigration Bail at the First Tier Tribunal. Under Schedule 10 of the Immigration Act 2016, the Secretary of State and the First Tier Tribunal has the power to grant Immigration Bail whereby it is deemed to be appropriate. It should be noted that Schedule 10 of the Immigration Act 2016 has as now replaced the former: temporary admission, temporary release on bail and release on restriction to a single power to grant Immigration Bail.
What is Immigration Bail under the Immigration Act 2016?
If you are detained by the Home Office in relation to your immigration matter you may be able to apply for Immigration Bail. Detainees can apply for Immigration Bail to be released from detention until a decision is made on their immigration matter; especially in complex matters where a decision is not likely to be made immediately.
What is the Eligibility Requirement for Immigration Bail?
A detainee can explore the possibility of Immigration Bail if he has been detained under any of the following provisions by the Secretary of State:
- Paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention by immigration officers of persons liable to examination or removal); or
- Paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation); or
- Section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State of persons liable to examination or removal); or
- Section 36(1) of the UK Borders Act 2007 (detention pending automatic deportation).
A detainee is more likely to be granted Immigration Bail if he can show that he has at least one Financial Condition Supporter who will attend the hearing and put down a substantial amount of money as security. It will not be necessary to transfer the money or make payment of the financial contribution (security) but the Financial Condition Supporter will be liable for any penalties incurred as a result of a breach of any of the Immigration Bail conditions.
What does Immigration Bail mean?
A key misconception for detainees who acquire Immigration Bail is that they are free of immigration restrictions. However, on the contrary, detainees are put on further immigration restrictions and are required to report as per their reporting conditions. The duration of Immigration Bail is specific to each individual matter.
Immigration Bail will be put to an end when the detainee is:
- No longer liable to be detained and the Secretary of State is not considering whether to make a deportation order against the person;
- Granted leave to enter or remain in the UK;
- Detained under one of the provisions mentioned in Eligibility for immigration bail (see above); or
- Removed from, or otherwise leaves, the UK.
Immigration reporting conditions vary but it is usually the case that Applicants are required to report once every fortnight to a local police station or detention centre.
What are the conditions of Immigration Bail under the Immigration Act 2016?
There are six possible conditions that can be put on detainees who are granted, Immigration Bail. In normal circumstances, decision makers will impose two conditions but this could increase depending on the type of case and circumstances surrounding the case. The conditions are noted 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, occupation 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;
- An electronic monitoring condition; or
- Other conditions as the person granting the immigration bail see fit (for example curfew; requirement to notify the Home Office of change in circumstances).
It is also possible for decision-makers to impose a financial condition as an Immigration Bail condition. The purpose of the Immigration Bail conditions is to allow the Home Office to maintain regular communication and to reduce the risks of absconding. A failure to comply with Immigration Bail conditions is going to have a detrimental impact on any pending immigration matters and result in prosecution with a possible find and 6-month prison sentence.
It is possible to apply to have Immigration Bail conditions varied. An application has to be made to the Home Office explaining the reasoning for the change of reporting conditions with the correct supporting documents. An example of where a reporting condition can be varied is where an Applicant’s medical health has deteriorated and it is no longer possible to report on regularly.
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 Immigration Bail 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 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.