Persons can apply for immigration bail if the Home Office is holding them on immigration matters.
Those persons can apply for bail in two main ways, but it will depend on the situation whether they apply to:
• The Home Secretary (‘Secretary of State Bail’) any time after arriving in the United Kingdom
• The First-tier Tribunal (Immigration and Asylum Chamber) – only if those persons have arrived more than eight days prior to applying
Please be aware that persons might be automatically referred for a bail hearing if they have been in detention for four months or more.
Persons can apply to the Home Secretary for bail from the first day they arrive in the United Kingdom.
As previously mentioned, persons could apply to the independent First-tier Tribunal for bail if they arrived in the United Kingdom more than eight days prior to applying.
The Home Office will automatically refer persons to the First-tier Tribunal for a bail hearing if all the following are true:
• They have been in detention for four months or more;
• They are not being detained in the interest of national security;
• There is no action being taken to deport them from the United Kingdom;
• They have not applied for bail to the First-tier Tribunal in the last four months.
