Immigration Detention, Bail, Removal
If you have been detained, require bail or are facing removal, OTS Solicitors will be there to assist you. We understand that you and your family will be frightened and distressed. You can count on us to work with the Home Office on your behalf, ensuring your case is heard and any issues properly addressed.
Our Immigration team, led by Teni Shahiean, whose knowledge of Immigration law spans over 10 years, have an excellent reputation for obtaining release from detention, organising bail and successfully halting Home Office deportations.
Based in the West End of London, OTS Solicitors is fully regulated by the Solicitors Regulation Authority. We are known for fighting hard for our clients and ensuring that their legal and Human Rights are protected at all times.
The Home Office has the power to detain individuals when exercising Immigration control. However, this is highly discretionary, the Home Office also has the power not to detain and to allow the individual to be in the UK on a temporary basis.
Detailed guidelines on how the power to detain is to be exercised provide that:
- there is a presumption in favour of release
- special consideration must be given to families and unaccompanied children
- there must be strong grounds for believing that a person will not comply with conditions of release for detention to be justified
- all reasonable alternatives to detention must be considered before detention is authorised
- each case must be considered on its merits, including consideration of the duty to have regard to the need to safeguard and promote the welfare of any children involved
- to be lawful, detention must be based on one of the statutory powers and accord with Home Office policy and with the limitations implied by domestic and Human Rights case law
- detention must be used sparingly and for the shortest period necessary
- it is not an effective use of detention space to detain people for lengthy periods if it would be practical to detain later in the process once any appeal rights have been exhausted, and
- detention is most usually appropriate:
- a) to effect removal
- b) initially to establish a person’s true identity on the basis of their application, and
- c) where there is reason to believe that the person will fail to comply with any conditions attached to their release.
Certain people should not be maintained except under exceptional circumstances. These include:
- unaccompanied children and young persons under the age of 18
- the elderly
- pregnant women
- those suffering from serious medical conditions which cannot be satisfactorily managed within detention
- those suffering from serious mental illness
- torture victims
- people with serious disabilities
- victims of trafficking
- other vulnerable people
If you fall into anyone of these categories, we can arrange for your release and furthermore, you may be able to claim compensation for the time that you spent illegally in Immigration detention.
If you are being held in an Immigration detention centre, you may be able to apply for bail. Our expert solicitors can assist you with making the application.
The grant of bail enables persons liable to detention to be physically present in the UK. Persons on bail have not, however, legally entered the UK. A person granted bail may live in the UK for months or possibly years but have not entered the UK within the meaning of the law.
Bail can be hard to get if you have been found guilty of breaking your bail conditions before or have been charged with a criminal offence. To help us secure bail, it is helpful if you have suitable accommodation available and you can ask someone to act a ‘surety’. Your surety will pay money if you break your bail conditions and will ensure you report to Immigration officials when required.
What is a deportation order?
If you’ve broken the Immigration Rules, for example by living in the UK illegally, the Home Office can make you leave. Most people call this being deported, but it’s technically called administrative removal (for simplicity it will continue to be called a deportation order in this article).
If you have been given a deportation order, you may not be able to re-enter the UK, even as a tourist on a Standard Visitor Visa obtained with the help of an immigration solicitor, for a certain period.
What are the reasons a deportation order can be made?
The Secretary of State can issue a deportation order for the following reasons:
- It is believed to be in the public good that the person subject to the deportation order is removed from the country.
- The foreign national is the spouse, civil partner or child of the person subject to a deportation order.
- The foreign national is over 17 years has committed a criminal offence and the court which sentenced him or her recommends that they be deported after they have served their prison sentence.
Administrative removal is the process by which the Home Office can remove people from the UK. It is to be distinguished from deportation, which involves an entirely distinct legal process and is usually reserved for those who have committed serious criminal offences and/or whose presence in the UK is deemed not conducive to the public good.
If you have been administratively removed from the UK, you may be subject to a re-entry ban, meaning you will not be allowed to re-enter the UK for a period of one to ten years.
Administrative removal can be used for:
- illegal entrants and those refused leave to enter
- those whose leave has been curtailed, cancelled or revoked
- family members of the above groups
If you are facing administrative removal, our expert solicitors have the experience and means to assist you and fight in your corner. You can trust our team to work tirelessly to ensure your reasons for remaining in the UK are heard and every possible legal channel used to prevent the removal taking place.
If you need assistance and legal advice on Immigration detention, bail or removal please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.
Your Questions and our answers about Immigration Detention, Bail, Removal
Thank you for getting in touch with us.
Please contact us directly on 02039599123 to discuss this further or contact us here.
Thank you for your Immigration enquiry. Please contact our office to speak to one of our lawyers on 02039599123. We look forward to hearing from you. It is important to reverse the ban, if not, he cannot enter the UK in the best 10 years. As there is no right of appeal, he cannot appeal.
Hello. Thank you for your enquiry. If your husband’s visa is curtailed, this will affect you and you would need to extend your leave to remain in the UK to be lawful in the UK. We suggest that you phone our office on 0203 959 9123 to book an initial meeting to discuss your matter.
Thank you for your enquiry. We are happy to arrange a meeting to discuss this urgent matter with you. We suggest that you phone our office on 0203 959 9123 to book an initial meeting to discuss your matter.
We require further information on your matter. Please bear in mind that you must have sufficient grounds to apply for permission to seek judicial review. Alternatively, we may advise you to make a fresh application in another category. Kindly contact our office for detailed advice on 02039 599123
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here.
Many thanks for your question.
Our solicitors will contact you shortly to discuss your deportation matter.
Many thanks for your question. You will be required to inform the Home Office of the change in circumstance.
Our solicitors will contact you shortly.
Many thanks for your question.
As your partner does not currently have any leave to remain in the UK, he should make an application to try to regularise his stay. We would need to understand the reasons why your husband has been detained in order to advise you any further.
Please kindly contact us directly in order to discuss your matter further.
Thank you for your enquiry.
From the information you have provided, it appears that you have appealed against the recent refusal of your husband’s application and this has been listed for a hearing in October. We will need to understand what application was submitted and why this was refused in order to advice you. Should you wish to challenge the deportation order against your husband, he may need to apply for a revocation of the deportation order.
Our Immigration Solicitors will contact you shortly to discuss your matter further.
Your husband may be able to appeal this decision. The process will depend on whether your husband has been issued with an intent to deport notice, or whether a flight has already been scheduled for his removal. At OTS solicitors we have a wealth of experience in deportation matters and we would be happy to assist your husband further.
Our Immigration Solicitors will contact you shortly.
Thank you for your question.
You may be able to make an application to the Home Office for discretionary leave to remain in the UK. A discretionary leave application will seek to argue a person’s circumstances and backgrounds such as their age, length of residence in the UK, strength of connections within the UK, personal history including character, conduct and Employment record, domestic circumstances, previous criminal record and nature of any offence for which a person has been convicted, compassionate circumstances and any representations received on the person’s behalf. The Home Office will consider whether the person has ties back in their native country of origin or the country where they would have to go to if returned
To make a good application it is likely you will need professional legal advice in order to be successful. Please get in touch so we can assist you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.
I look forward to hearing back from you soon.