How do you get immigration bail?
If the Home Office has detained you then you need Immigration law advice from top London immigration solicitors to look at your Immigration bail options.
The best London immigration solicitors advise that you can apply for Immigration bail if the Home Office is holding you on an Immigration related matter. However, if a London Immigration solicitor secures Immigration bail for you whilst it means that you will be released from detention you will have to comply with one or more Immigration bail conditions.
The best London immigration solicitors say that anyone who is detained in an:
• Immigration removal centre; or
• Detention centre; or
• A prison
can apply for Immigration bail if they are detained or held on Immigration matters.
How can OTS Solicitors help?
If you are detained on an Immigration matter, it is important to get expert legal advice on your Immigration status and Immigration options as well as advice on applying for Immigration bail.
OTS Solicitors specialise in all aspects of personal and business immigration law and have particular expertise in:
• Detention and Immigration bail applications;
• Deportation cases;
• Asylum and humanitarian protection claims;
• Applications for Administrative Review and judicial review;
• Certification challenges including Asylum and Human Rights claims where no appeal right has been given;
• Challenges to unlawful detention and to the Detained Fast Track procedures;
• Representation at appeals at the First-tier Tribunal and the Upper Tribunals.
Please call OTS Solicitors on 0203 959 9123 to speak to one of our experienced London immigration solicitors who will be happy to help you.
What is Immigration detention?
If the Home Office does not believe that you have the legal right to be in the UK, you can be detained in Immigration detention. The best London immigration solicitors say that most detainees can apply for Immigration bail so that you are released on bail until a decision is made about your legal right to stay in the UK.
How do I apply for Immigration bail?
The simplest way to apply for Immigration bail is to contact a top London Immigration solicitor who will discuss the reasons for your detention with you and your Immigration bail options.
If you have been detained on an Immigration related matter for less than seven days then you can apply for Immigration bail to the Chief Immigration Officer.
If you are detained on an Immigration related matter for more than seven days, you can apply for bail from an Immigration judge.
How long can you be detained without Immigration bail?
If you do not apply for Immigration bail or if your application for Immigration bail is not successful the Home Office could detain you until your Immigration status is resolved. If your Immigration or Asylum seeker application is successful, you would then be released. If your application is not successful, you could remain in detention until you are removed from the UK or deported.
What helps an Immigration bail application?
The best London immigration solicitors say that it is easier for a detainee to secure Immigration bail if:
• You have accommodation available;
• If you have a ‘Financial Condition Supporter’ or surety who supports your bail application.
Who is an Immigration bail Financial Condition Supporter?
The top London immigration solicitors say that an Immigration bail Financial Condition Supporter is a person who will:
• Pay money if you do not comply with the conditions of your bail;
• Pay money if you do not attend your bail hearing.
How do you apply for Immigration bail?
You can apply for bail by applying:
• To the Home Secretary - this is called ‘Secretary of State Bail’ and can be applied for at any time after your arrival in the UK and detention by the Home Office. The application for Secretary of State bail is decided by Home Office officials without a court hearing;
• To the First-tier Tribunal – this is called the Immigration and Asylum Chamber. You can only apply for this type of Immigration bail if you arrived in the UK more than eight days ago. An independent judge at a hearing decides a First Tier Tribunal Immigration bail application;
• If your Immigration matter involves an appeal to the Special Immigration Appeals Commission, you may be able to apply to the Commission for Immigration bail.
Automatic referrals for Immigration bail
The Home Office will automatically refer some individuals for an Immigration bail hearing. The current Home Office Immigration Rules set out the criteria for an automatic referral to consider if a detainee should receive Immigration bail:
• You have been detained without Immigration bail for over four months; and
• You are not being detained in the interests of national security; and
• You are not the subject of a deportation order or deportation proceedings; and
• You have not applied for Immigration bail to the First-tier Tribunal in the last four months.
The top London immigration solicitors recommend that you choose to make your own bail application so that all the necessary information can be taken into account. However, if you choose not to make your own Immigration bail application, the Home Office will generate an automatic bail referral for consideration every four months whilst the above criteria are met.
First-tier Tribunal Immigration bail hearings
If you decide to apply for First-tier Tribunal Immigration bail there is usually a hearing. However, nowadays it is usual for the bail applicant to attend the hearing by video-link.
The top London immigration solicitors advise that prior to the hearing the Home Office will send the tribunal a bail summary setting out why the Home Office officials do not think that you should receive Immigration bail. For example, the Home Office caseworkers may say that they do not believe that you have accommodation and that you are a potential high-risk absconder. Your top London immigration solicitors can make representations to the judge at the tribunal hearing about why you should be granted Immigration bail.
Immigration bail conditions
If you are granted Immigration bail then it is likely that your bail will be subject to at least one, if not more, bail conditions such as:
• To live at a specified address;
• To report to a police station or to an Immigration officer on a regular basis;
• To provide sureties.
If you do not have an address, you can apply for Section 4 accommodation. If you are successful in an application for section 4 accommodation, the Home Office will provide you with a place to live.
Breaching Immigration bail conditions
If you break your Immigration bail conditions then you may be returned to detention. Your surety or Financial Condition Supporter may also have to pay money to the court.
The top London immigration solicitors say that if you breach your bail conditions it will be a lot harder to successfully apply for Immigration bail again.
How can OTS Solicitors help?
If you are in detention and need help to able for Immigration bail or need advice about your Immigration application or legal representation to challenge a Home Office decision then London based OTS Solicitors can help you.
OTS Solicitors specialise in all aspects of personal and business immigration law and have particular expertise in detention and Immigration bail applications, deportation cases and Asylum and humanitarian protection claims. The leading law directory, The Legal 500, recognises the expertise of OTS Solicitors.