Immigration Bail & Detention Lawyers

Detainee Solicitors in London

If you or someone you know has been detained by the immigration authorities, we can help you seek bail or release. We can also help you challenge decisions by UK Visas and Immigration (which is part of the Home Office), including decisions to deport or remove you from the UK.

Our lawyers have a strong reputation assisting with bail, detention, removal and deportation cases, providing high quality, bespoke legal advice tailored to your individual case.

Immigration Detention Bail

We understand how stressful, frightening and confusing it can be to be detained, even for a short period of time, and face the risk of deportation. There is no limit on how long most people can be detained, so it is essential to have the advice of a specialist immigration solicitor on your side to help you explore all the options available to you.

We are here to work closely with you and your family, protecting your legal rights, breaking down the process of applying for immigration bail into simple steps, and working with the immigration authorities to ensure your case is heard.

Our immigration detention bail & deportation solicitors’ expertise

Bail applications

If you have been detained by the Home Office/UK Visas and Immigration (formally the UK Border Agency), our London-based immigration solicitors can assist in applying for bail or release.

We are known for our practical advice delivered sensitively with the understanding that facing immigration detention is a highly stressful time. We will be completely open and honest about your options and prospects of success. With us on your side, you have the best possible chance of achieving a positive outcome.

What is immigration bail?

Bail is available to any person who has been detained by UK Visas and Immigration, under the Immigration Acts, in a removal centre or prison for seven days or more. It is an application to a court for release, usually under certain conditions.

How do you apply for immigration bail?

You can apply for bail after you have been in detention for seven days or more. There is a specific form which we will complete on your behalf, called a B1 bail application form.

When a detainee makes an application to be released on bail, they are brought to an immigration court (the Immigration and Asylum Chamber of the First-tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained. If bail is granted there will normally be certain conditions attached, for example, the Immigration Judge may require the person to live at a specified address and report to a Home Office centre or a police station at regular intervals. Electronic monitoring may also be a requirement.

Alternatively, a person in immigration detention may be released on bail by UK Visas and Immigration (by a chief immigration officer). Immigration bail, if granted, will also likely be subject to some conditions.

Who can be detained?

There are many reasons why a person may be detained under UK immigration laws. For example, the following people may be detained:

• People subject to immigration control (typically, non-EEA nationals do not have leave to enter or remain in the UK) prior to a decision on whether to grant or refuse leave to enter
• People who have entered the UK illegally or have overstayed their visa
• People who have been refused leave to enter or who did not comply with their conditions to enter the UK

When can you be detained?

Technically, if you do not have the right to enter to remain in the UK, you can be detained at any point. However, the following are some of the common scenarios in which you may be detained:

• When you first enter the UK
• If you apply for asylum but you do not have the right for your claim to be considered in the UK (typically if you travelled through a ‘safe’ country (usually, EEA member states or Switzerland) on your way to the UK. The Home Office can try to transfer your case and remove you to that country)
• If your claim for asylum has been refused, any appeal has been refused, and/or you did not have the right to appeal (note, you may still have other options to challenge a decision, even if the Home Office says that you have run out of appeal options)
• If you are picked up by immigration officers and do not have sufficient immigration status or any pending applications
• At home or at your place of work (‘dawn raids’)

Immigration detention

We can assist in securing release from detention. We can also provide advice about obtaining financial compensation, for current and historic cases, if we prove that any of the period of detention was unlawful. For example, it is unlawful to detain certain protected individuals, such as:

• Pregnant women
• Children under age 18
• People with severe medical conditions which cannot be sufficiently managed in detention
• People with severe mental health issues
• Trafficking victims

If you consider that you have been detained for an unreasonable period of time or that you are being detained with no likelihood of you being removed from the UK, you should contact us immediately. We represent clients on private, legal aid, No-Win Low Fee, No-Win No-Fee and pro bono basis.

If you have been detained by the Home Office in the last 6 years and you believe that you should not have been, please contact us so that we can consider whether you can sue the Home Office and secure compensation for your unlawful detention.

Deportation and removal

In certain cases, the failure to grant entry or the intended removal from the UK will be unlawful. We can assist by making written submissions that if not accepted by the UK Visas and Immigration (the UK Border Agency) can be challenged by way of Judicial Review, which is an action in the High Court to obtain an injunction.

Our team of specialist experienced immigration solicitors in Croydon can also assist those who have already had a Deportation Order made against them and want it revoked because of a change of personal circumstances, such as ill-health, delay in removing them from the UK or having new family members or relationships.

We know how devastating deportation can be for you and your family and the practical issues it can cause. We will take all possible steps to reach a suitable outcome for you. We work tirelessly on behalf of our clients, sometimes for many years, to give them the best possible chance of being able to stay in the UK.

Contact our immigration detention bail & deportation solicitors in London and Croydon

For expert immigration bail guidance and advice about challenging a deportation order, get in touch with our expert immigration detention bail & deportation solicitors in London and Croydon.