Immigration Bail – All You Need To Know
Being detained in a foreign country can be a terrifying experience. If you are in a detention centre, you need to find a UK Immigration lawyer who can provide you with the best advice on applying for and obtaining Immigration bail.
What is Immigration detention?
Around the UK there are several detention centres, which are used by the British Government to place people, who they believe do not have a legal right to stay in the UK, or whose legal right to be here is being decided.
Although most people only stay in an Immigration detention facility for a few days or weeks, some can remain for years whilst their case is being decided.
What is Immigration bail?
How do I find an Immigration solicitor near me who can help me apply for bail?
You can call OTS Solicitors, a London Immigration law firm on 0203 959 9123. Our top Immigration lawyers have a strong reputation for providing the best legal advice to Immigration detainees who want to obtain bail.
How do I apply for Immigration bail?
To apply for bail, your UK Immigration lawyer will discuss the reasons for your detention with you. To get the best result, they have to obtain as many facts about your situation as possible.
If you have been detained for less than seven days, an application for bail can be made to the Chief Immigration Officer (CIO).
If you have been detained for more than seven days, you can apply for bail from an Immigration judge.
The granting of Immigration bail will normally require you to comply with the following conditions.
1) Remain at a specified address.
2) Report regularly to a Police Station or Immigration Service/Officer.
3) Provide sureties (these will be discussed later)
It is crucial that you use a reputable Immigration solicitor who works in a fully regulated law firm if you plan to pay for the best legal advice. OTS Solicitors is regarded as one of the top Immigration law firms in London and is fully regulated by the Solicitors Regulation Authority.
An application for bail is made on a B1 Bail Application form. An Immigration solicitor who has experience dealing with visas and bail applications can help you fill out the form and provide you with the best advice with regards to submitting it.
What if I break the conditions of my Immigration bail?
If you break the terms on which you are released on Immigration bail you may be returned to a detention centre and your sureties may have to pay money to the court.
Once you have broken your bail conditions, it is difficult to persuade a judge to grant you subsequent Immigration bail.
How easy is it to obtain Immigration bail?
It depends on your circumstances. There is a presumption in favour of bail; therefore, the Home Office has the burden of proving that Immigration bail should be denied.
You cannot be released on bail if the Home Office issues you with directions for your removal from the UK within 14 days of your grant of bail.
In addition, if you were refused bail in the last 28 days, you probably won’t get another hearing unless your situation has changed significantly.
Do I need to have an address to be granted Immigration bail?
Yes, the court will want to see evidence that you have a place to stay if you are granted Immigration bail.
If you do not have a place to live, you can apply for Section 4 accommodation. If you are successful, the Home Office will provide you with a place to live and, in some cases, food vouchers.
What are sureties?
Sureties are a guarantee from a third party that you will keep to the terms of your bail and not try to hide from Immigration officials. If you do run away, the person who has offered a surety must pay the court money.
Anyone who is legally in the UK can act as a surety. Your UK Immigration lawyer can give you advice about who can act as a surety on your behalf. For example, if your potential surety has a criminal conviction or has breached UK Immigration laws in the past, it may be best not to use them.
Your surety will need to attend your bail hearing.
There is no fixed amount of money a surety must offer, much will depend on their financial circumstances. It could be as little as £100 or as much as £2,000. The money needs to have been in the surety’s bank account for at least three months and cannot be sourced from a loan.
The Immigration judge will want to see bank statements as evidence that the surety has the money available.
What if I do not know anyone in the UK who can act as a surety?
Some migrants who are applying for Immigration bail do not have any friends or family who can act as a surety. Sometimes you can develop a relationship with a charity who may be able to act as a surety for you; however, there is no dedicated organisation that provides sureties to those in Immigration detention.
By instructing an experienced Immigration solicitor to advise you on applying for Immigration bail and to represent you at a bail hearing in front of an Immigration judge, you will have the support required to have the best chance of making a successful application.
By making an appointment with one of our Immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.
If you wish to discuss any of the points raised in this blog, please phone our London office on 0203 959 9123.