Immigration Detention in the United Kingdom.
Immigration detention is the practice of holding individuals in custody who are subject to immigration control in custody, while they wait for permission to enter or before they are deported or removed from the country.
Every year, around 24,000 people are detained for a number of reasons. These include but not limited to asylum seekers, undocumented migrants or migrants who overstayed or breached the immigration law. Detained individuals are held in an immigration removal centre, a detention centre or a prison. The Home Office policy states that detention must last for the shortest period possible. However, there is no time limit on immigration detention in the UK.
Immigration Detention Bail
The individuals detained on immigration matters can apply for immigration bail. If successful, they will be released under certain conditions.
The individuals can apply in 2 ways:
to the Secretary of State any time after they arrived in the UK
to the First-tier Tribunal only if they arrived more than 8 days ago.
Detainees might be automatically referred for bail if they have been in detention for 4 months or more.
If the individual is granted bail, there will be at least one condition they have to obey. The individual might have to report regularly to immigration authorities, be restricted where they live, work and study or have an electronic monitoring tag.
The applicant is likely to succeed if they have at least one ‘surety’. This can be a person who will pay money if the individual breaks the terms of bail, ensures that the applicant stays in touch with authorities or can attend their bail hearing.
The individual is more likely to be refused if they have broken the terms of bail before or have a criminal record. The individuals may not be released even if they are granted bail if they are due to be removed from the country in 14 days.
The individual can be either deported or issued an administrative removal notice. Usually, the individual is deported only if they have committed a serious crime and been sentenced to a prison term. On the other hand, the administrative removal notice is issued if the individual has breached immigration law or overstayed in the UK. There is no automatic right of appeal, except for some EUSS residents whose removal decision was taken on or after 11 pm on January 31 2020. The individual can challenge their removal decision on human rights or protection grounds. They can also apply for a judicial review if they have no other appeal avenues. The court will not substitute the Home Office’s decision but only decide whether the decision was lawful.CONSULTATION
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Bail is the temporary release of an accused person awaiting trial, sometimes on the condition that a sum of money is lodged to guarantee their appearance in court.
This article can be helpful for those who intend to apply for the Secretary of State Bail.More information
Administrative removal is the process by which certain categories of people may be removed from the UK. Usually, individuals are removed from the UK because they breached the immigration law.More information
We have broad experience working with private clients, advising and representing their rights in legal institutions on various matters, such as: relocating to the UK, family member’s relocation, skilled immigration, obtaining permanent residence, or British citizenship.More information
The very strong idea that fundamental human rights must be cherished, and that only the law may take it away, is one that has been prevalent in British courts for centuries.More information
Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.
Two successful applications for leave to remain under the parental route. Our clients both parents of children in the UK had no status in the UK when they approached Sterling Law.
In the recent case of Topadar v Secretary of State for the Home Department  EWCA Civ 1525 the Court of Appeal examined two questions:
At what point is an immigration application decided by the Home Office?
Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)?
The Court of Appeal decided:
The Immigration Rules regarding long residence provide that Applicants who have resided in the UK continuously and lawfully for 10 years are entitled to apply for indefinite leave to remain.
This begs the question: what if I have a gap in my lawful residence?
The Immigration Rules state as follows: 276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!
Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.