Tribunal Bail Eligibility
The power to grant bail is available to the First-Tier Tribunal only if a person is in detention and has arrived in the UK more than 8 days ago or where removal is scheduled within 14 days. The application for bail must be made using the form B1. Tribunal will arrange a hearing to take place and an independent judge will decide if the applicant should be granted bail. The applicants are not required to attend and can nominate the bail guarantor/financial support to attend or appear via video link if necessary.
Detainees have a good chance of getting bail if they can prove that they have a place to stay and have at least one ‘Financial Condition Supporter’ who can attend hearings and guarantee payment on behalf of the detainee,if bail conditions are breached. If the tribunal refuses bail, an applicant cannot re-apply within 28 days, unless there has been a material change of circumstances.
The successful bail application may be subject to a number of conditions and may include, but not limited to the following:
The applicant’s bail guarantor may be subject to a penalty if there is any breach to the bail conditions. After bail has been granted, an application to vary the conditions of bail can be made by both the detainee and the Home Office, such as moving to a new address. The applicants must use form B2 to request such changes and it is possible for the Home Office to oppose the change request. 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?
Frequently Asked Questions
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.