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Understanding immigration detention in the UK

Anyone subject to UK immigration control can be detained by UK Visas and Immigration (UKVI). Below, we answer some frequently asked questions on being detained in the UK, and the ways to get out of detention. 

Can I be detained by the Home Office? 

Anyone subject to UK immigration control can be detained by immigration officers working for UK Visas and Immigration, a division of the Home Office responsible for the UK’s immigration system. A person ‘subject to UK immigration control’ means anyone who requires leave to enter or remain in the UK. 

Where will I be detained?

For what reasons can the Home Office detain me?

Detention is normally used in the following circumstances:

In all cases, UKVI must act in accordance with the following core principles:

I have been convicted of a criminal offence. Am I more likely to be detained?

How long can I be detained for?

I am pregnant. Can I still be detained?

Yes. However, there are limitations in relation to detaining pregnant women. UKVI may only detain pregnant women exceptionally, and for a maximum of 72 hours, which is extendable by a further seven days if authorised by a government minister. It is important, therefore, that you make UKVI aware if you are pregnant. 

I am under 18 years old. Can I still be detained?

Yes, you can, but only as part of a family group where UKVI is seeking to remove your family from the UK under the Family Returns Process. The use of immigration detention in these cases should be a ‘last resort’ and stays are limited to 72 hours duration, which is extendable by a further seven days if authorised by a government minister. 

Are there any other exceptional categories?

Certain adults with serious medical conditions will be considered ‘adults at risk’ in detention. UKVI has a policy that deals with these particular detainees and, depending on the supporting evidence that is provided about the condition and the impact that detention could have, this policy increases the threshold for justifying detention beyond the usual cases. 

How can I get out of detention?

Anyone who has been in the UK for at least seven days can apply for bail. 

There are three ways to be released:

1. Secretary of State bail (SSHD bail)

You can apply for SSHD bail by sending the Home Office a form called Form 401. The application is considered by a Home Office decision-maker, rather than a judge. A decision is made by reviewing the papers and must be made within ten working days of the application being made. If the application is successful, you will be released and normally required to adhere to certain conditions, such as reporting (attending a Home Office building on a regular basis) and/or staying at a particular address (see more about the potential conditions below). 

2. Tribunal bail

You can apply to the First-tier Tribunal (Immigration and Asylum Chamber) to be released on bail. Applications for bail are sent in writing to the Tribunal. A bail hearing will then take place, at which a judge will decide whether or not to grant bail. The Home Office is usually represented by a Home Office Presenting Officer and will normally oppose the application. If you have a lawyer, that lawyer will represent you at the hearing. If not, you can represent yourself. If bail is granted, you will released with conditions (as mentioned above). If bail is refused, the judge will give reasons. You will remain in detention and will not be permitted to apply for Tribunal Bail again for 28 days, unless there has been a substantial change of circumstances.   

3. Judicial review

Judicial review is a type of legal proceeding where a High Court judge, reviews the lawfulness of the Home Office’s decision to detain. One of the available remedies that can be sought is an order of immediate release on bail. Again, the release will usually be subject to conditions. 

Can I get legal aid for a bail application?

Legal aid is available for advice and representation in relation to detention and bail applications, subject to you meeting the means (income and capital) requirements. 

What kind of things can be done to improve my chances of getting bail?

While every case will turn on its own facts, it usually helps to have, for example:

If you are not currently in detention and have a reporting requirement, it is important that you continue to report when required as failure to do so can and likely will be counted against you if you are detained in the future. 

What bail conditions can be set?

The potential conditions of a grant of bail are as follows:

Can I be granted bail even if I don’t have an address?

If you are an asylum seeker or your asylum case has been refused and any appeal dismissed, you are entitled to apply for accommodation under the Immigration and Asylum Act 1999 if you do not have adequate accommodation or the means of obtaining it.

The Secretary of State also has the power to provide people with accommodation where there are ‘exceptional circumstances’ to justify doing so. In general, this will be in the following cases:


Our Immigration, Asylum and Nationality team offer expert advice in this area. If you would like to make an enquiry, call our direct line on +44 (0)20 7014 2090, or submit an enquiry form.

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