You can apply to the independent ‘First-tier Tribunal’ 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. If you have a tribunal appeal hearing scheduled, send the form to the tribunal or hearing centre where it’s happening. If you don’t have an appeal hearing, ask staff at the place you’re 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’ve been in detention for 4 months or more
  • you aren’t being detained in the interests of national security
  • there’s no action being taken to deport you from the UK
  • you haven’t 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 

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’ll receive a ‘notice of hearing’ to tell you when it is.

You probably won’t be in the room for the hearing. It’s 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 ‘Bail Summary’). They will also send you a copy.

Need legal advice?

UK immigration law is extremely complex and constantly changes. The UKVI has strict criteria relating to different types of visa. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. We will guide you through every step of the process, putting you in the best place possible to get a good result.

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