Many more foreign nationals are being detained by the Home Office for immigration reasons. You may be detained because you have entered the UK illegally, because you have overstayed your visa, because you have breached the conditions of your visa or because you have committed a criminal offence and are being considered for deportation.
We are specialised in advising immigration detainees and in making successful applications to get people released from detention.
It is possible to apply to the Home Office for temporary release, but usually it is necessary to apply to the Asylum & Immigration Tribunal for bail.
If you want to make an application for bail, then you will need an address where you can stay once released. In general, you may also need one or two sureties, people willing to ensure that, if released, you will comply with any conditions attached to the bail. The sureties must be prepared to forfeit money if you fail to comply with the conditions of bail or abscond. If there is no-one available to act as a surety, it is possible to apply for bail without sureties, though this can reduce the chances of release for some detainees.
If you are detained, then your detention must be justified by the Home Office at the time of your detention and at regular intervals during the period of detention. A failure to lawfully justify detention or a failure to correctly review detention may result in the detention being unlawful. In certain circumstances it may be possible to seek damages from the Home Office for unlawful detention. It is important to seek specialist legal advice on these issues.
If you are detained and wish to instruct us to represent you to apply for bail then you or any friend or relative should contact us on 020 7539 3401 or 07932 612 667. We must speak with you first over phone to take full instructions.
You will have to authorise us in writing by fax or post to represent you. You should request the duty officer to give you an opportunity to call us over phone.