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- Before you apply
You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you might be released from detention but you’ll have to obey at least one condition.
- Who can apply
You can apply whether you’re held in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.
- 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
Give information about where you’ll stay and your Financial Condition Supporters in the application form.
- 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 reoffend
If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly. Explain what you think has changed in your application.
If you are refused bail, you’ll get a written statement telling you why.
- 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.
- Apply for bail
You can apply for bail in 2 main ways. It depends on your situation. Apply to:
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- the Home Secretary (‘Secretary of State bail’) any time after you arrive in the UK
- the First-tier Tribunal (Immigration and Asylum Chamber) – only if you arrived more than 8 days ago
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Apply for Secretary of State bail
- You can apply to the Home Secretary for bail from the first day you arrive in the UK. This is called ’Secretary of State Bail’.
- Apply for bail from the First-tier Tribunal
You can apply to the independent ‘First-tier Tribunal’ for bail if you arrived in the UK more than 8 days ago. Your application for bail will be decided by an independent judge at a hearing