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You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you might be released from detention but you鈥檒l have to obey at least one condition.

Who can apply

You can apply whether you鈥檙e held in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.

When you鈥檙e more likely to get bail

You鈥檙e more likely to get bail if you have a place to stay.

Your application is also more likely to succeed if you have at least one 鈥楩inancial Condition Supporter鈥�. This is a person who:

• will pay money if you do not follow the conditions of your bail
• can attend your bail hearing

Give information about where you鈥檒l stay and your Financial Condition Supporters in the application form.

When you might not get released on bail

You may find it harder to get bail if you:

• have broken bail conditions in the past
• have a criminal record, and there鈥檚 a risk you might reoffend

If you were refused bail in the last 28 days, you will not get another hearing unless your situation has changed significantly. Explain what you think has changed in your application.

If you are refused bail, you鈥檒l get a written statement telling you why.

If you鈥檙e due to be removed from the country

You might not be released even if you鈥檙e granted bail. If your removal date is in the 21 days after you get bail, the Home Office will have to agree to your release.

You can apply for bail in 2 main ways. It depends on your situation. Apply to:

• the Home Secretary (鈥楽ecretary of State bail鈥�) any time after you arrive in the UK
• the First-tier Tribunal (Immigration and Asylum Chamber) - only if you arrived more than 8 days ago

You might be automatically referred for a bail hearing if you鈥檝e been in detention for 4 months or more.

A solicitor or legal adviser can help you with a bail application.

Read the guide on representing yourself if you鈥檙e not going to have a legal representative.

Apply for Secretary of State bail

You can apply to the Home Secretary for bail from the first day you arrive in the UK. This is called 鈥橲ecretary of State Bail鈥�.

Download and fill in form BAIL401 explaining why you鈥檙e asking for bail.

You can also get the form from:

• the welfare officer, if you鈥檙e in an Immigration Removal Centre聽
• your detention paperwork pack, if you鈥檙e in a prison

Your application will be decided by Home Office staff and there will not be a hearing.

Apply for bail from the First-tier Tribunal

You can apply to the independent 鈥楩irst-tier Tribunal鈥� for bail if you arrived in the UK more than 8 days ago. Your application for bail will be decided by an independent judge at a hearing.

Download and fill in form B1.

If you cannot download the form yourself, you can:

• ask the staff at the place where you鈥檙e being held
• contact the tribunal - by phone on 0300 123 1711 or by email on [email protected]

If you have a tribunal appeal hearing scheduled, send the form to the tribunal or hearing centre where it鈥檚 happening. You can find the address of the venue if you do not know it.

If you do not have an appeal hearing, ask staff at the place you鈥檙e held - they can fax your application to the right venue.

Automatic referral for bail

The Home Office will automatically refer you to the First-tier Tribunal for a bail hearing if all of the following are true:

• you鈥檝e been in detention for 4 months or more
• you are not being detained in the interests of national security
• there鈥檚 no action being taken to deport you from the UK
• you have not applied for bail to the First-tier Tribunal in the last 4 months

They will make an application on your behalf using all the information they have.

You can refuse the referral, or choose to make your own bail application. The Home Office will apply on your behalf every 4 months unless you apply for bail yourself.

What happens at the First-tier Tribunal hearing聽

There will usually be a hearing to decide if you should be granted bail. This will happen a few days after your application is received - you鈥檒l receive a 鈥榥otice of hearing鈥� to tell you when it is.

You probably will not be in the room for the hearing. It鈥檚 more likely to happen over a video-link instead.

The Home Office will send the tribunal a document listing the reasons they think you should not get bail (a 鈥楤ail Summary鈥�). They will also send you a copy.

If you鈥檙e granted bail, there will be at least one condition you have to obey.

You might have to:

• report regularly to an immigration official
• attend an appointment or hearing
• be restricted on where you can live
• have an electronic monitoring tag
• have restrictions on the work or studies you can do
• obey any other condition decided by the person granting your bail

You or your financial condition supporter might have to promise to pay money if you break one of the other conditions of your bail. This is called a 鈥榝inancial condition鈥�.

These conditions can be changed after you鈥檙e granted bail.

If you do not follow the terms of your bail you might:

• have your bail conditions changed so that there are tighter restrictions
• be charged with a crime
• have to pay the money agreed at the hearing - or your Financial Condition Supporter might have to pay聽
• be returned to detention聽

Change the conditions of your bail

You can ask to change (鈥榲ary鈥�) the conditions of your bail, for example, if you need to move to a new address.

If the First-tier Tribunal granted you bail, fill in form B2 and send it to your nearest First-tier Tribunal (Immigration and Asylum) hearing centre. If you do not know where to send it, ask the staff at the place you were being held.

The Home Office might oppose your request.

If you鈥檙e on Secretary of State bail, speak to an immigration officer.

You must continue to obey the conditions of your bail until a decision has been made to change them.