Detention and Bail

 

Detention

 

The Home Office has power to detain foreign nationals if someone has:

 

• Entered the UK unlawfully without leave to enter

• Overstayed and breached the terms of your visa

• Committed a criminal offence as a person subject to the UK immigration control

 

About 30,000 people a year (including asylum seekers, those who overstayed, foreign nationals that committed criminal offences and now facing deportation) are administratively detained in Immigration Removal Centres around the UK. The length of detention sometimes can be anything from a few days to a few years. The Home Office often argues that detention is necessary because the detainee is likely to be deported or removed within a short period of time. Sometimes, for various administrative reasons detentions may be prolonged. However, these prolonged detentions may sometimes become unlawful. That is why timely legal advice could assist you in determining whether your detention is within the UK immigration law requirements. 

 

Bail or Temporary Admission

 

Our specialised team can assist you to apply to the UK Border Agency for temporary admission or Immigration Bail for release from detention. The Immigration Bail can only be exercised by foreign nationals once they have been in the UK for seven days. Once an application for Immigration Bail has been made, a detainee will be required to appear before an Independent Judge at the Immigration & Asylum Tribunal (IAC) and a decision is made as to whether the detention should continue or the detainee should be released. Should you have justified grounds for your release, the Tribunal will require to be satisfied that you have a fixed address and sureties who would offer to surrender an amount of money considered proportionate to their financial means, should you abscond.

 

 

 

The Services We Offer

We offer advice not only on making applications for bail, but also on possible avenues to regulate your stay in the UK during and after detention. We would also guide you through the process of Immigration Bail or Temporary Release to secure your release from detention.