Detainee Bail & Visits

If you are currently in the UK illegally, overstayed your visa or you have had an asylum claim refused, you and your family members may be detained at an Immigration Removal Centre (IRC). The Home Office are able to detain a person if they do not believe that you will report to the immigration authorities whilst in the UK.

You might be able to appeal the order and you can also apply for bail to secure your release from an IRC or a secure centre, however, legal advise needs to be sought urgently if you have been detained which is where one of our immigration experts can help. A member of our team can arrange to meet you urgently to discuss your options and make arrangements for bail. We will liaise with the Home Office to make an informed decision on your case and assist with the whole process.

FAQs

Who can be detained?

Anyone subject to immigration control (outside of the EEA or Switzerland) can be detained. Anyone subject to this, who is felt to have violated an Immigration Act, can be detained by an immigration officer.

A person can be detained by immigration officer if:

  • they are found to be entering the UK illegally;
  • they are working or residing in the UK without a proper UK visa;
  • if they obtain a UK visa but flee their appropriate position or circumstance once in the UK; or
  • if their UK visa expires and they do not apply for an extension/to switch onto a new visa.

What are my options if I am detained in a detention centre?

We can conduct a visit to an IRC or other secure centre to have a face-to-face consultation with you. We will also liaise with the Home Office to find out the grounds of your offence and make arrangements for family visitation and bail.

Alexandra & Spencer will be able to advise you on any applications you can make from detention, including the process of claiming asylum.


What are my options if I am detained in a prison?

We can conduct a visit to a prison if you (or a family member) has been detained for a criminal offence which might affect your immigration status. We will also liaise with the Home Office to find out the grounds of your offence and make arrangements for family visitation and bail.


What is bail and how do I get it?

Bail is a legal procedure available to any individual who is being detained by the Home Office for up to seven days. It is an appeal to the court for a release and is applicable as long as certain conditions are met.  If a detainee makes an application for bail to the court, they will usually be tried in front of an Immigration Judge at the First-Tier Tribunal.

This Judge will decide whether they will grant bail. If they do, the detainee can leave their detention centre for a specified amount of time. It is highly recommended that a case for bail is presented by a legal representative.


Get a free consultation call from immigration specialist

Our highly professional, dedicated and knowledgeable specialists will do all the hard work to make the immigration process easy and understandable so you will be confident about successful outcome.

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