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What is UK immigration bail?
Immigration bail in the UK gives you permission to live in the community while the Home Office continues to consider your immigration position. You may be able to request immigration bail if you are being held by the Home Office in connection with an immigration issue. It is important to understand that receiving immigration bail does not mean your immigration matter has been resolved. Rather, it simply allows you to stay outside of an immigration removal centre, a detention centre or a prison with set conditions while your case continues. Anyone who is detained by the Home Office on immigration grounds, or is liable to be detained, can be considered for immigration bail. You may be eligible for immigration bail if:
- You have a place to stay, and
- You have at least one ‘financial condition supporter’ who will be required to pay money if you do not follow the conditions of your bail and/or attend your bail hearing.
Bail is more likely when removal is not imminent, casework is ongoing, or detention is no longer considered necessary. You are less likely to receive immigration bail if you have previously failed to follow your bail conditions or you have a criminal record that suggests there is a risk you may try to avoid the authorities, commit an offence, or obstruct the progress of your immigration case.
In terms of how long immigration bail lasts, there is no fixed time limit. It begins at the time shown on the grant notice and ends if you are:
- No longer liable for detention, and the Home Office is not considering deportation
- Granted leave to enter or stay in the UK
- Detained again, or
- Removed from the UK
As such, immigration bail lasts for as long as the conditions stay in force. Conditions may continue while the Home Office makes decisions, reviews documents, or arranges removal. Conditions can be changed or lifted. Some people remain on bail for months or longer, depending on their case.
After immigration bail, several outcomes are possible. The Home Office may grant leave to remain, continue casework, or begin removal action. Bail conditions may stay in place or be replaced with new measures. If you breach a condition, you may face penalties that affect your future immigration decisions.
How does immigration bail work?
Immigration bail can be granted with or without an application. For example, the Home Office can grant immigration bail even if no application is submitted. You can also apply for bail either to the Home Office or the first-tier tribunal.
Immigration bail from the Home Office without an application
In some cases, immigration bail can be granted without an application. A detained person may be automatically referred for immigration bail where the person in question has been detained for at least 4 months, they pose no national security concerns, no deportation steps are underway, and they have not applied for bail in the past 4 months. This process does not require a hearing, and there is no need for the person to write an application. This can also happen when:
- Border Force first encounters someone and completes an Immigration Bail Risk Assessment
- A caseworker decides that continued detention is no longer suitable, or
- The Foreign National Offender Returns Command chooses not to detain a foreign national offender after their criminal sentence finishes.
Apply for Secretary of State bail
The Home Secretary may consider granting immigration bail to anyone who is detained or could be detained, even if they have not made an application. You may apply for this type of bail from the day you arrive in the UK by completing form BAIL401 and explaining your reasons. The form is available from the welfare officer in an Immigration Removal Centre or in the paperwork given to you if you are in prison. Home Office staff will decide the application, and there will be no hearing.
Apply for bail from the first-tier tribunal
A detained person can also apply to the First-tier Tribunal once they have been detained for at least seven days. A judge considers the case at a bail hearing to determine whether bail is suitable. The tribunal may grant bail with conditions or refuse it. If refused, another application can be made after 28 days, unless there is a material change in circumstances.
What are the conditions of immigration bail?
The conditions of immigration bail may include:
- Reporting regularly to an immigration official – certain reporting conditions may be set as part of immigration bail. When choosing how often and in what way someone must report, the Home Office looks at factors such as vulnerability, the likelihood of removal, any support needed to move the case forward, the risk of absconding, and the risk of harm to the public. Reporting can be required in three ways: attending a reporting centre or police station, reporting by phone, or using a digital reporting system. A person may be given more than one reporting method.
- Attending an appointment or hearing – This includes interviews, tribunal hearings, and official meetings. Missing an appointment may count as a breach.
- Restrictions on where you can live – The Home Office may require the person to live at one confirmed address; however, this is rarely required. A residence condition will not be added to someone’s immigration bail if they are not allowed to rent because of their immigration status.
- Wearing an electronic monitoring tag – Some people may be required to wear a monitoring device, allow equipment to be installed at an address, present the device when asked, use the device in a certain way at set times, and permit authorised people to carry out monitoring duties.
- Restrictions on work or studies
- Work – Most people on immigration bail who do not have permission to be in the UK will have a condition that stops them from working. This may also apply if their previous permission to work has ended or, in some cases, to EEA nationals facing deportation. Asylum seekers whose claim has been waiting for more than 12 months, through no fault of their own, can apply for permission to work. Jobs must be on the Immigration Salary List if permission is granted.
- Study – Children up to 18 must be allowed to study. A study condition is optional, and if there is uncertainty about restricting the study, no study condition will be added.
What are the consequences of breaching immigration bail conditions?
Breaching bail conditions can lead to serious outcomes, including:
- Administrative penalties – The Home Office may change or add conditions, increase reporting, arrange an ‘external agency request’ (for example, to locate someone), arrest the person, or return them to detention following a breach. Alleged breaches may also trigger investigations, consideration of further enforcement action and can affect whether a person is allowed to remain on bail
- Criminal penalties – Failing without reasonable excuse to comply with bail conditions is a criminal offence that can lead to prosecution, a criminal record, a fine, or imprisonment for up to six months on summary conviction. Prosecution is more likely where there is repeated or serious non‑compliance.
- Financial penalties – If a Financial Condition Supporter has promised money to secure bail, the Home Office may start recovery action where the bailed person breaches a condition without reasonable excuse. Recovery can be for all or part of the amount promised, and may proceed through civil enforcement steps if not paid voluntarily.
- Impact on the immigration case – Evidence of breaching bail conditions can be used to show poor immigration compliance and may weigh heavily against a person in future applications, appeals or human rights representations. Failure to comply with the immigration bail conditions can also contribute to refusal of leave under the Immigration Rules, justify tougher conditions (including electronic monitoring) or renewed detention, and may undermine arguments based on private or family life.
References:
GOV.UK: Immigration bail
GOV.UK: Immigration detention bail
