A person who is liable to Immigration Control (i.e. requires permission to stay in the UK) can be detained at any time under UK Immigration Laws.
If you or a loved one is detained under Immigration Powers, it is quite common that the UK Government will seek to remove you from the UK. However, should you have strong family ties and or social ties to the UK you could mount a successful challenge against your removal and also against your detention
Further, you may be able to gain release from detention by way of a bail application. These are usually made to the Home Office and their Chief Immigration Officer in the first instance, and later to the First Tier Tribunal
When submitting an application for bail (release) you should provide evidence that you will have a place to live upon release and also that one or more persons are willing to assure to the Tribunal that you will report to the Home Office regularly upon release. Those persons are called 'sureties' and will usually guarantee the Tribunal a sum of money if you were to violate your conditions of release.
Detention, Bail and Deportation from the UK
According to UK Immigration Laws, our Secretary of State has the power to detain a person subject to immigration control. However, even with such a wide power, there are certain limitations, for example, if the person detained can show strong family ties, or that he has been detained for an unreasonable length of time without a realistic prospect of being removed from the UK.
A person detained may be kept in several places, such as a police cell to begin with, but will usually be relocated to a detention centre, where they will remain until removal. Removal from the UK at that stage could be done voluntarily or forcefully. Speak to me today if you or a loved one is detained so that I can determine whether there is an avenue to challenge the detention.
What is Deportation?
Deportation is basically the legal process for removing persons from the UK because either:
They have no legal right to remain in the UK (i.e. they became an overstayer)
The Home Office thinks the person’s deportation is ‘conducive to the public good’. For example, if that person has committed crimes during their time in the UK. However, a person will not be deported to a country if it can be shown that it is not safe for them to return to that country.
It should be known that the Court may recommend deportation if they convict a person:
over the age of 17 years old
who is not a British citizen
of an offence punishable by imprisonment if they were an adult
However, before the court recommends deportation it must make certain considerations, such as:
whether the person is ‘conducive to the public good’
the nature of the offence committed and how serious the crime is
the person’s past criminal record
There is also the possibility that a person could face automatic deportation. This applies to both European Economic Area (EEA) nationals and non-EEA nationals. However, does not apply to British citizens.
Automatic deportation normally follows if these criteria are met:
they must have been convicted in the UK of an offence and have been sentenced to a period of imprisonment of at least 12 months for a non-EEA national, or 24 months for an EEA national
it must be conducive to the public good
There are some exceptions to this which are explained in the UK Borders Act 2007 however.
Bail From Detention:
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.
However, you should note that you may not be released on bail if you:
have broken the terms of bail before
having a criminal record, and the judge thinks you might reoffend
Moreover, if you have been refused bail from the Court in the last 28 days, it is unlikely you could re-apply until 28 days have passed unless your circumstances have changed significantly. If you are refused bail, you’ll get a written statement telling you why you have been refused.
How do I apply for bail?
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
What should I show as part of my application for bail?
It is fair to say that you are far more likely to be released on bail if you have a place to stay and you have at least one guarantor (surety) who will guarantee that you will abide by the conditions of your release.
A surety is a person who:
will guarantee to pay a sum of money if you break the conditions of your bail
makes sure you keep in contact with the Home Office and Court
Will attend your bail hearing
Give information about their own Immigration Status and Income
If you are granted bail
If your bail application is granted, you are likely to be given certain conditions. Usually, the conditions state that you must reside at a nominated address and report to the Home Office on certain occasions.
If you violate the conditions of bail, you:
Could be detained again
Your surety will have to pay the money they guaranteed
Please contact me if you are detained and wish to make a bail application. I have several years experience in successfully releasing clients from detention and also stopping outbound deportation removals.
If having read the above you wish to speak to me, leave your details in the contact form and I will contact you at your preferred time.
Consultations available by Telephone or in person at Birmingham, London or Manchester
Tel: 0121 746 3002
Mob: 0741 037 6881