You can apply to the Home Secretary for bail from the first day you arrive in the UK. This is called ’Secretary of State Bail’.
Your application will be decided by Home Office staff and there will not be a hearing.

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.

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.

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.

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’ll have to obey at least one condition.

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

You’re 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 ‘Financial Condition Supporter’. This is a person who:
• will pay money if you don’t follow the conditions of your bail
• can attend your bail hearing

You may find it harder to get bail if you:
• have broken bail conditions in the past
• have a criminal record, and there’s a risk you might reoffend
If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly.
If you are refused bail, you’ll get a written statement telling you why.

You might not be released even if you’re granted bail. If your removal date is in the 14 days after you get bail, the Home Office will have to agree to your release.

If you’re 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 ‘financial condition’.
These conditions can be changed after you’re 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
• be returned to detention