What is Detention?

The Secretary of State has the power to detain almost any person who is subject to immigration control. However, there are limitations on this power to detain in circumstances where there is a lengthy detention with no realistic prospect of removal, or where there are strong ties to the community.

It is also important to consider the actions of the detainee, both past and present, can have an impact on whether it is reasonable to exercise the power to detain.

The detainee will be detained in a place in which the Secretary of State designates as appropriate, usually at a Detention Centre, although prisons are still used, and Reception Centres, with a less regimented environment have been introduced.Call us now on 0121 777 7715

What is Removal?

Most removals from the UK of foreign nationals (that is if you are non-British and/or a non-EEA national), take place by way of 'administrative removal'. This is simply the removal of the person from the United Kingdom. Once outside the UK, the person can apply for re-entry under the Immigration Rules, although there may be issues regarding the trigger of a possible re-entry ban depending on the immigration history of the individual concerned. Administrative removal is distinct from deportation, in that a deportation order physically excludes the person from readmission to the UK for at least three years. However, an administrative removal is a direction and not an order to be removed and has no time period attached to the implementation of the removal.

This applies to illegal entrants, and those who became present in the UK illegally, i.e. overstayers and others who have breached the conditions of their stay in the UK. Before going ahead with an administrative removal, the Home Office will review all relevant factors before making such a decision. There may be complex challenges to bring against administrative removal decisions. Call us now on 0121 777 7715

If I am In Detention, Can I Be Granted Bail?

The Immigration Tribunal* has a power to grant bail. The individual may be released on bail subject to conditions. It is important to note that at the bail hearing the burden of proof in justifying detention lies, given the presumption in favour of bail, on the Secretary of State to the balance of probabilities. The immigration judge must give a reasoned decision in writing.

How does Deportation differ? - Deportation is the process whereby a non-British citizen can be compulsorily removed from the UK and prevented from returning unless the deportation order is revoked. There is no power to deport a person who has already left the UK. A deportation order operates to cancel leave to remain (ie it removes your status to remain in the UK).

But deportation has an effect long after the removal. A deportation order continues in force until it is revoked. Deportation must be distinguished from other forms of compulsory removal which may only affect current applications and stay in the UK.

Benefits of Choosing UK Migration Lawyers

  • Vast experience & an excellent track record in representing clients successfully
  • Fixed fees so you stay in control
  • Excellent results in securing release from detention
  • As specialist solicitors, we ensure you avoid making expensive mistakes at this critical time. It is crucial to act quickly in such cases and to meet deadlines efficiently.
  • One to one service where we will visit you if you are in detention or prison

Should you need an in-depth consultation, consultations are charged at £250 per hour. There is no VAT if you do not currently have settlement status. If you are settled or British VAT is applicable to this fee in addition.

Our team is dedicated to your successful UK Visa application and we make this commitment to all our clients:

  • Our initial free visa assessment means we select the right visa for you
  • Out team will guide you through the evidence and paperwork needed for your application
  • We will fully complete your application form and collate all necessary documentation
  • We will submit your application, documentation and evidence on time and on your behalf
  • We will liaise with the Home Office regularly to check that your application is progressing
  • We make our team available to you 24 hours a day, 7 days a week

There is no better time to find out how we can help you so why not call us on 0121 777 7715 or use our UK Immigration Contact Form.

*Immigration and Asylum Chambers of the First Tier Tribunal and Upper Tribunal: from February 2010, the immigration courts of the United Kingdom joined the unified Tribunal system ** this is dependent on whether the same day service is available for a particular category by the home office.

Has your application for a UK visa been refused? We have an excellent track record of successful appeals.

Meet our expert team

UK Migration Lawyers is authorised and regulated by the Solicitors Regulation Authority (SRA Number 497640). Accredited immigration Law Solicitors. UK Migration Lawyers Ltd. / All rights reserved. Company Registration No 06702262 / Registered in England and Wales. Calls to our Solicitors' direct lines are note recorded. Calls to our mainline numbers listed on this website and to our client liaison officers are recorded; by calling these numbers you consent to these recordings being made and to their storage outside of the EU.