You can apply for immigration bail if the Home Office is holding you on immigration matters. You may be released from detention if you agree to obey some conditions.
Who can apply
You can apply whether you’re held in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.
When you might not get released on bail
You may find it hard to get bail if you:
- have broken the terms of bail before
- have a criminal record, and the judge thinks you might reoffend
If you were refused bail in the last 28 days, you probably won’t get another hearing unless your situation has changed significantly.
If you are refused bail, you’ll get a written statement telling you why.
If you get bail but are due to be removed from the country in the next 14 days you won’t be released without permission from the Home Office.
How to apply
Apply to one of the following for bail:
- the First-tier Tribunal (Immigration and Asylum Chamber)
· a Chief Immigration Officer - if your detention started less than 8 days ago
· the Home Secretary - if your detention started more than 8 days ago
If you’ve appealed to the Special Immigration Appeals Commission, apply to them.
If you have a solicitor or a legal adviser acting for you they can help you with a bail application.
Bail from the tribunal
Fill in form B1.
If you can’t download the form yourself, ask the staff at the place where you’re being held. Alternatively, ask the tribunal to send you the form.
If you have a tribunal appeal hearing scheduled, send the form to the tribunal or hearing centre where it’s happening. Otherwise, ask staff at the place you’re held – they can fax your application to the right venue.
You can also find the address of the venue using the A to Z list.
There’ll be a hearing to decide if you should be granted bail. This will happen a few days after your application is received – you’ll receive a ‘notice of hearing’ to tell you when it is.
You probably won’t be in the room for the hearing. It’s more likely to happen over a video-link instead.
Chief Immigration Officer bail or Secretary of State’s bail
For the first 8 days after you’re detained you can apply to the Chief Immigration Officer for bail (‘CIO bail’).
If you’ve been detained more than 8 days, apply for Secretary of State’s bail instead. Apply to the Home Secretary.
You are given the right form (IS98A) when you’re first detained. You can also ask staff at your place of detention for a copy.
There will not be a hearing.
Accommodation and sureties
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 ’surety’. This is a person who:
- will pay money if you break the terms of your bail
- makes sure you stay in touch with the authorities
- can attend your bail hearing
Give information about where you’ll live and your sureties in the application form.
In Scotland, the person who’ll pay money is called a ‘cautioner’. They must deposit money before you are released.
Conditions of your bail
If you’re granted bail, it will have conditions attached. You’ll have to live at the address you gave in your application and report regularly to an immigration official. There may be other conditions.
If you don’t follow the terms of your bail:
- you may be returned to detention
· you or your sureties may have to pay the money agreed at the hearing
· your cautioners may lose the money they deposited (Scotland only)
You can ask to change some conditions, eg if you need to move to a new address. Ask the Home Office - the immigration official you report to can tell you how.
The Home Office may not agree to the change. If they don’t, you can apply to the tribunal.