Our team of professionals led by our Head of Immigration, M Jehanzeb Ghumman has recently been successful in securing a positive decision as our client (“the Applicant”) has been granted an immigration bail at first instance and within 10 days of application to the SSHD. Our client was served with a notice to make deportation whilst serving a 2 year custodial sentence for a criminal offence at HMP Elmley. While the applicant was still being detained under immigration powers, our team filed an application to the Secretary of State for the Home Department stating that the detention was unlawful on the basis of fundamental rights accorded to him under Article 8 of European Convention of Human Rights (ECHR) in addition to strong legal representations to the effect that he ought to be released immediately. In accordance with cases like R v Governor of Durham Prison ex parte Hardial Singh [1984] 1 WLR 704 and R (Lumba) v SSHD [2011] UKSC 12, we were successfully able to convince the state to grant our client with bail.
Our highly competent immigration team conducted a detailed assessment and explained the grounds/conditions to obtain an immigration bail. We assisted the Applicant through the entire application visa process and also helped the Applicant obtain an expedited decision. Our specialist immigration team prepared detailed legal representations and submitted a well-prepared application allowing the Applicant to obtain an Immigration Bail with no issues.
Who can apply for an Immigration bail?
You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you might be released from detention but you’ll have to obey certain conditions. You can apply whether you’re being held in an immigration removal center, a detention centre or a prison.
When you are more likely to get a bail?
You’re more likely to get bail if you have a place to stay.
Your application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’. This is a person who:
- will pay money if you don’t follow the conditions of your bail
- can attend your bail hearing
Give information about where you’ll stay and your Financial Condition Supporters in the application form.
When you might not get released on bail?
You may find it harder to get bail if you:
- have broken bail conditions in the past
- have a criminal record, and there’s a risk you might reoffend
If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly. Our specialist Immigration team can greatly assist you in explaining to the tribunal how your situation has changed significantly to qualify for another hearing.
Unfortunately, if you are refused bail, you’ll get a written statement telling you why.
Apply for bail
You can apply for bail in 2 main ways. It depends on your situation. Apply to:
- the Home Secretary (‘Secretary of State bail’) any time after you arrive in the UK
- the First-tier Tribunal (Immigration and Asylum Chamber) – only if you arrived more than 8 days ago
You might be automatically referred for a bail hearing if you’ve been in detention for 4 months or more. UK immigration rules are complex and it is extremely important to instruct a competent immigration team, such as ours, that can assist you in completing the bail application.
Conditions of bail
If you’re granted bail, there will be at least one condition you have to obey.
You might have to:
- report regularly to an immigration official
- attend an appointment or hearing
- be restricted on where you can live
- have an electronic monitoring tag
- have restrictions on the work or studies you can do
- obey any other condition decided by the person granting your bail
You or your financial condition supporter might have to promise to pay money if you break one of the other conditions of your bail. This is called a ‘financial condition’. These conditions can be changed after you’re granted bail.
If you do not follow the terms of your bail you might:
- have your bail conditions changed so that there are tighter restrictions
- be charged with a crime
- have to pay the money agreed at the hearing – or your Financial Condition Supporter might have to pay
- be returned to detention
How our Immigration Solicitors can assist you in an Immigration Bail application
Our immigration solicitors in London specialise in Immigration bail applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful Immigration bail applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Why instruct our legal counsel?
Our team of solicitors and barristers represent your interests at all times. We start off with a customized strategy for each client. Before your case even reaches the Home Office UK Visa & Immigration department, we will be able to advise you regarding your immigration status or any immigration bail issue from our very first appointment. We can help you with the filing of Immigration Bail to the Secretary of State on your behalf and try our best for you to be awarded a bail.
We are based in the legal epicenter of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.
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 02030110276 or complete our contact form.