A bail hearing is a legal process to determine if an individual may be released from immigration detention through the First Tier Tribunal. It is advisable to have an experienced lawyer who can best represent you at this crucial hearing. There are two ways to be released on bail:
● By applying to the Secretary of State for Bail from the Home Office
● By applying before an Immigration Judge for Bail from the First-tier Tribunal
The judge hearing your case will decide whether or not to grant bail. It is highly recommended to not proceed with bail hearings unless advised by an experienced immigration lawyer.
If someone you know has been detained due to a breach of UK immigration laws, Optimus Law can help by lodging an Emergency Bail Application. If it is not an urgent matter but you would still like to apply for bail, we can arrange a Detention Visit to start the process.
Our specialist team will take a hands-on approach to provide the proper legal advice, ensuring you or your loved one’s situation is dealt with quickly and efficiently. Deadlines are taken extremely seriously by the law in such matters. You can rest assured that they are taken equally as seriously by everybody at Optimus Law.
It is not advisable to leave any bail-related matters unresolved, as this may prolong the problem and produce new challenges, including but not limited to further detention or being barred from entry into the country. Let our team of immigration experts represent and assist you through the process.
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What is Bail?
Bail is a legal procedure that means you have the option to be released from detention based on simple conditions that are set by the Home Office.
My partner is in detention, can he apply for Bail?
As long as they have been in detention for at least seven days they can apply for bail.
When can a foreign national prisoner apply for immigration bail?
You can apply for bail from the immigration tribunal if you are held under immigration powers, for example:
- At the end of your custodial sentence
- At the half-way point (Automatic Release Date) of your sentence if you are put on `immigration hold’ rather than released
If you apply for release on immigration bail you must give the immigration tribunal an address where you plan to stay. If you are still under license, this address must be approved by the probation service.
Do I need probation approval for an address before applying for immigration bail?
If your sentence is less than 12 months AND you do not have a release license or any kind of ‘ancillary’ or other order (e.g. a restraining order), then Probation or the Police will not need to be involved in decisions about where you can live if you are released on bail. This information booklet does not apply to you!
You will need probation approval before applying for immigration bail if:
- You have a “fixed term” prison sentence of 12 months to four years. Prisoners usually serve the first half of their sentence in prison and the second half in the community on licence.
- Your `Offender Supervisor’ should begin to arrange for probation approval of the release address that you give them, as part of your discharge process for an upcoming `Automatic Release Date’.
- Foreign national offenders may not be released but instead, be detained under immigration powers.
- If this happens you will be on licence until the end of your sentence even though you are still in custody for immigration reasons. You might be kept in prison or you may be transferred to an IRC. You can apply for immigration bail.
- If you are being held in prison, you will know you are detained for immigration reasons if the Home Office has given you a document called the IS91R ‘Reasons for Detention’ form.
How Can We Help You?
Our team of immigration lawyers can arrange for bail, provide expedited legal advice, and put you at ease knowing our team is fighting for you and your case. We will prioritise your case within our team, make an immediate visit to the prison or removal/detention centre, and make an effort to proceed with your bail hearing to ensure you are able to return home. Contact us today to discuss your bail matter.
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