fbpx
Home
About Us
ABOUT US
Firm History & Expertise
City Legal is a multi award winning law firm specialising in UK Immigration Law, Wills & Estate Planning, Global Citizenship as well as providing Business, Education and HR Consultancy to both individual and corporate clients around the world.
Our Team
Meet the experts behind our success.
Accreditations & Awards
Check our credibility and reliability.
Reviews & Testimonials
View our client feedback from all sources.
Careers
Join our multi award-winning team.
Services
SERVICES
Knowledge Hub
KNOWLEDGE HUB
Resources
Quick and Easy access for relevant sources.
Videos
See informative videos on legal areas we cover.
Infographics
See visual presentation of key information.
E-Books
Digital information on different practice areas.
Webinars
View engaging online events & presentations.
Insights
Get more Insights on our firm and services.
News
Learn more on recent events and latest updates.
Podcasts
Listen to our audio version of blog anywhere.
Success Stories
Get a more understanding of our past experience.
View All
Contact Us
CONTACT US
Call Us
Speak with our award-winning team on 0330 058 3929 to learn more. Available Monday - Friday 9:00 AM to 5:00 PM
Request a Call Back
Choose a convenient time and we will get in touch to discuss your enquiry. Available Monday – Friday 9:00 AM to 5:00 PM
Chat with Us
Our expert legal team is available to answer your questions. Available Monday – Friday 9:00 AM to 5:00 PM
Email Us
Please send us an email to enquiries@citylegalservices.co.uk and we will be in touch to discuss your legal matter.
22 Peterborough Road, Harrow, London, HA1 2BQ
Client Area
CLIENT AREA
Track your Matter
City Legal offers our clients a state-of-the-art client portal to track your matter in real time and communicate with your case worker directly.
Manage Appointments
Already Booked a Consultation? Login to your Appointments Dashboard and manage your bookings or chat with your adviser prior to the meeting.
Document Management
Our clients can securely view, share and comment on documents online at any time via our dedicated document management portal linked to your matter.
Pay Legal Fees
We offer an online payment facility to our clients for the payment of Legal Fees or Client Invoices online by credit or debit card at no additional cost.
Download App   
Book an Appointment
Personal Immigration

Secretary of State Bail

Make a FREE Enquiry
Home Office Bail

The Home Office can detain people subject to immigration control on the basis of powers vested on the Secretary of State by Schedule 2 and 3 of the Immigration Act 1971 (as amended). The circumstances under which an individual may be detained are when being examined for their suitability to entry, pending removal or deportation and as the members of crew of ships or aircraft. The presumption in law is in favour of liberty as opposed to detention and any detention must be justified and considered reasonable. The UK currently operates a new Bail regime under which power to grant bail is conferred on both the Secretary of State and the First-Tier Tribunal.

Secretary of State Bail

The power to grant bail is available to the Secretary of State for the Home Department by virtue of paragraph 1 of Schedule 10 of the Immigration Act 2016, if an individual is detained under the detention powers vested with the Secretary of State or liable to be detained under any of those powers. The application for bail can be made anytime after arrival in the UK using the bail application form Bail 401.The application is normally determined by the Home Office staff on behalf of the Secretary of State and there will not be a hearing.

The successful bail application may be subject to a number of conditions and may include, but not limited to the following:

  • Reporting to an Immigration Official regularly;
  • Reporting to an Immigration Official regularly;
  • Attend an appointment or hearing;
  • Electronic monitoring by tag;
  • Restrictions on work or studies;
  • Compliance with all conditions agreed upon with the granting of bail.

The applicant’s bail guarantor may be subject to a penalty if there is any breach to the bail conditions. The Home Office also has powers to vary the bail conditions without any judicial involvement. If bail conditions are breached, applicants may get tighter conditions like more frequent reporting, face potential criminal charges, or be detained. Individuals granted bail are still liable for further detention and bail ends when granted a further leave to remain removed from or otherwise leave the UK or Secretary of State considers the person no longer liable for detention and considering deportation order against the individual.

How can we assist?

Our Immigration lawyers at City Legal can assist you in completing the Bail form and draft appropriate legal grounds to support the bail application. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.

Frequently Asked Questions

Where can I get the Bail application form from?

The Bail application form Bail 401 can be downloaded from here. This form can also be obtained from the welfare officer at an Immigratio Removal Centre or is included as part of the detention paperwork pack if in prison.

Is there a time limit for Detention?

There is no maximum period for detention, but in case of some detainees, the Secretary of State has a duty to make a referral for Bail to the First Tier Tribunal within 4 months of detention.

Is Bail the only remedy for detention?

The detainee can apply to the high court for a judicial review of the Home Office’s decision to detain or maintain decision, if such a decision was unlawful. It is recommended that detainees seek appropriate legal advice before considering this.

Can people detained in prison be transferred to a Removal Centre?

It is possible for a prisoner to request a transfer to an Immigration Removal Centre; but the Home Office can provide a reasonable explanation and decline this request and is under no obligation to make the transfer.

How can I vary the condition of my bail?

Please use the form B2 to apply for change of circumstance if the bail has been issued by the First Tier tribunal. If the management of the bail has been transferred to the Home Office, then contact them instead. If the bail is granted by the Secretary of State bail, speak to an immigration officer.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram