Bail Applications

Bail application process

There are four ways to get out of detention:

• Home Office bail
• If your main immigration case is successful
• Release by the High Court
• Bail from an Immigration Judge which is also called Tribunal Bail

You can apply for bail to the Home Office as many times as you want and even when you are applying for Tribunal Bail.

First-tier Tribunal Bail Application

You can apply to the Independent 'First-tier Tribunal' for bail if you have arrived in the UK more than 8 days ago. The Home Office bail is considered on paper and by completing an application you will be able to have a hearing in front of an Immigration Judge. You should receive a decision from the Home Office within 10 days of making the bail application.

The advantage of applying for Tribunal Bail is that the Judge, who is an independent person, will look at your detention to see if the Home Office arguments are strong enough to keep you in detention. You cannot apply for Tribunal Bail if you have already had a bail application within the last 28 days and your circumstances have not changed significantly.

To make a bail application to court you need to have financial sureties. A financial surety is someone who promises the court that he or she can make sure that you keep in contact with the authorities if you are released from detention and who will pay money if you run away.

There is no fixed amount for the financial support but it must be an amount that will be proportionate to his or her income and savings. The money should belong to the surety and we usually provide bank statements for at least three months. The money will only be taken from the financial sureties should you not comply with the bail conditions.

If you are granted bail, it will usually be subject to certain conditions which may require you to report to a Home Office reporting centre at regular intervals, or to remain living at the same address

When you're more likely to get bail

You're more likely to get bail if you have a place to stay.

Your application is also more likely to succeed if you have at least one 'Financial Condition Supporter'. This is a person who:

• Will pay money if you don't follow the conditions of your bail
• Can attend your bail hearing

When you might not get released on bail

You may find it harder to get bail if you:

• Have broken bail conditions in the past
• Have a criminal record, and there's a risk you might re-offend

If you're due to be removed from the country, you might not be released even if you're granted bail. If your removal date is in the 14 days after you get bail, the Home Office will have to agree to your release.

Conditions of your bail

If you're granted bail, there will be at least one condition you have to obey. You might have to:

• Report regularly to an immigration official
• Attend an appointment or hearing
• Be restricted on where you can live
• Have an electronic monitoring tag
• Have restrictions on the work or studies you can do
• Obey any other condition decided by the person granting your bail

If you don't follow the terms of your bail you might:

• Have your bail conditions changed so that there are tighter restrictions
• Be charged with a crime
• Have to pay the money agreed at the hearing - or your Financial Condition Supporter might have to pay
• Be returned to detention

Automatic referral for bail

The Home Office will automatically refer you to the First-tier Tribunal for a bail hearing if all of the following are true:

• You've been in detention for 4 months or more
• You aren't being detained in the interests of national security
• There's no action being taken to deport you from the UK
• You haven't applied for bail to the First-tier Tribunal in the last 4 months

They will make an application on your behalf using all the information they have. You can refuse the referral or choose to make your own bail application. The Home Office will apply on your behalf every 4 months unless you apply for bail yourself.

Why choose Westridge Legal?

Bail applications can become very complicated very quickly and it is important that you obtain legal advice prior to pursuing any applications of this nature. Our team of Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.