As we previously mentioned in our UK Individual Immigration Update article last month, from next Monday, 15 January 2018 the update on Immigration Detention powers will come into force. This will bring about the introduction of the new Immigration Bail which will replace Temporary Admission and Temporary Release under the current legislation. Understanding the UK’s immigration legislation can be tricky, so contact our specialist immigration team if you have queries regarding Immigration Detention powers in the UK.
Immigration Detention Powers: What is Temporary Admission or Temporary Release under current legislation?
A migrant who is served with a notice of illegal entry, notice of administrative removal, or who is the subject of deportation action is liable for Immigration Detention. However, as an alternative to Immigration Detention, these individuals may be granted Temporary Admission or Temporary Release. The power to grant Temporary Admission or Temporary Release to illegal migrants and persons served with notice of administrative removal who are liable for Immigration Detention is currently set out in paragraph 21(1) and (2), Schedule 2 of the Immigration Act 1971 (and as amended by the 1988 Act). This provides that the grant of Temporary Admission or Temporary Release in illegal entry or administrative removal cases may be subject to such restrictions on residence, employment or reporting to the police.
Any individual who fails to comply to the terms of the grant of Temporary Admission or Temporary Release without reasonable excuse will be deemed to be committing an offence under section 24(1)(e) of the Immigration Act 1971 and may then be liable for Immigration Detention.
Immigration Detention Powers: What is the new Immigration Bail?
As of next Monday, the introduction of the new Immigration Bail will see the replacement of Temporary Admission and Temporary Release. Most of the provisions for the new Immigration Bail can be found under Schedule 10 of the Immigration Act 2016. In summary, this means that any migrant who is in the UK lawfully but without leave will be put on Immigration Bail. The new Immigration Bail marks a significant expansion of the UK’s Immigration Detention powers as Immigration Bail will be able to be imposed on migrants who cannot lawfully be detained.
Further, it is important that individuals are aware that the new Immigration Bail does not prevent a migrant’s subsequent detention, meaning it is still possible to be detained if that migrant has been granted Immigration Bail. Schedule 10(10)(1) of the Immigration Act 2016 provides:
An immigration officer or a constable may arrest without warrant a person on immigration bail if the immigration officer or constable—
(a) has reasonable grounds for believing that the person is likely to fail to comply with a bail condition, or
(b) has reasonable grounds for suspecting that the person is failing, or has failed, to comply with a bail condition.
Therefore, individuals can be arrested for possible future breaches of their Immigration Bail conditions. The only test is whether the immigration enforcement or police officer has “reasonable grounds for believing” failure to comply with the Immigration Bail conditions.
What does the update on Immigration Detention Powers mean for those who will be granted Immigration Bail?
For those who may find themselves on the new Immigration Bail under Schedule 10 of the Immigration Act 2016, we advise that they comply with all the conditions of their Immigration Bail. Those who are subject to Immigration Bail may also wish to regularise their status in the UK by making a visa application to the Home Office. However, in order to receive bespoke advice tailored to your individual circumstances, we suggest you book a consultation with our fully qualified immigration solicitors who will be able to advise you appropriately given your situation.
Using Legal Representation to submit a successful Visa Applications following the UK’s Immigration Detention Powers update
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Visa Applications following the UK’s Immigration Detention Powers update
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 immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa 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 successful immigration applications. 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.