The Home Office has the power to detain a person in certain circumstances,  such as when they have failed to report, failed to leave the UK after their visa has expired, breached any other immigration condition or after completing a prison sentence.

If this happens to you or a family member, you will have the right to apply for immigration bail to an Immigration Judge.

To improve your chances of bringing a successful bail application, it will help to have accommodation available and having at least one financial condition supporter (previously known as a surety) who is a person that is able and willing to offer to pay a certain amount of money, if you break any of your bail conditions. There is no prescribed amount and is assessed on the financial circumstances and availability of funds of the person offering the amount.

You are less likely to get bail if you have previously broken immigration bail conditions, are a flight risk (absconded) or there is a concern that you may commit further crimes.

Both the person offering accommodation and the financial condition supporter must be available and attend the court hearing, often on short notice of just a few days.

A Judge will then rule on whether you can be released on bail. The Judge’s decision is final and cannot be appealed. It is therefore very important to make sure the case is properly prepared and ready, as you can only bring a new application if there is a change of circumstances or 28 days has transcribed since the last hearing.

You will not be released on bail even if granted by a Judge, if the Home Office has already set removal directions for your removal within the next 14 days.

How we can help:

Our team of immigration specialist are experienced in giving advice and full representation which includes taking instructions, drafting detailed grounds for bail, lodging a bail application, full preparation of the bundles for court and briefing counsel to act on the day of the hearing, thus maximising your chances to get bail. 

Contact us today on 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.

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