Bail Guideline
Bail is when people who are detained by the UK Border Agency are released, on certain conditions. All detainees have the right to apply for bail if they have been in the UK for at least 7 days.
- Is there any evidence of a previous failure to comply with conditions of temporary release or bail?
- Has the person taken part in a firm attempt to breach the immigration laws?
- Does the person have a previous history of complying with the requirements of immigration control?
- Does the person have ties in the UK? Such as close relatives that are dependent on them?
- What are the individual's expectations about the outcome of the case? Are there factors such as an outstanding appeal and application for judicial review or representations which afford incentive to keep in touch?
- Does the person hold any risk to the public?
- The age of the person
- Does the person have a history where they have been exposed to torture?
- Does the person have a history of physical or mental ill health?
If you are in custody over a visa matter, our UK Visa and Immigration Experts can help get you released from detention. Your bail application will be heard by a specialist immigration judge at an Asylum and Immigration Tribunal (AIT).
- That the person has residency at their specified address
- The person must report regularly to an immigration officer
- The person must return to stand before an immigraton judge for a bail renewal hearing
- The person must submit a sum of money that they will be prepared to lose for breaching any conditions of bail
Bail will be granted depending on the following conditions:
If bail has been granted but the applicant fails to re-appear either before the judge for their bail renewal hearing or to report to an immigration officer, both they and their sureties risk losing part or all of the money that they offered as bail. The applicant also risks being detained because an immigration officer or a police officer has the power to arrest and detain any person that they believe to be in breach or likely to breach their conditions of bail. Once re-detained under these circumstances, the chances of a successful fresh application for bail will be greatly diminished.
Our UK Visa and Immigration experts can help you whatever your circumstances for being held in custody. We can:
- Put in an application to make your stay in the UK legal
- Apply to get you released from detention
- Represent you in the Immigration tribunal
Follow us on: