If you have been detained at an immigration detention centre you may be eligible for temporary release on bail, which means that you will be released from detention under specific conditions.
We know how stressful it can be if you or a loved one has been detained and needs a temporary release on bail. This section contains an overview of the process and requirements in respect of obtaining immigration bail.
Immigration Bail is a request to the Chief Immigration Officer and/or Tribunal to free a person from immigration detention. The request is made to the Chief Immigration Officer to release the immigrant on a Temporary Admission (TA). It is Important that all relevant information regarding the detainee is brought before the Immigration Service – particularly changes in the health of the person being detained.
If released, the usual request is that the person be kept at a specific address and that they report to the police station or the Immigration Service. Additionally, the Home Office/Tribunal will want to see that the detainee will be supported by sureties. Sureties are people who will act as guarantors and will put forward a sum of money for bail it needed. If the case is rejected, it can be taken to an Immigration Judge. The Judge may release the person on bail and if so, they will face a similar series of requests and they may be assessed at a hearing.
If the detainee runs or simply does not meet the terms of the bail, the sureties risk losing all or part of the recognisance that they put in. The Immigration Judge will make sure that the sureties are suitable and will ensure the detainee will pay the bail.
Temple Gate Solicitors are specialised in Immigration Bail applications and can help you to get bail from detention. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
At 9am on 1 December 2020 ‘Appendix English Language’ will take effect. Any application made before this date will be subject to the old rules. Unlike the first Appendix English Language, which applied only to the Appendix Student route, new Appendix applications will apply to the following routes:
The existing rules will still apply to applications under any other route. Therefore, if you are not applying in one of the above categories, or are applying before 1 December 2020, you can disregard the new Appendix English Language. For everyone else, here is a brief overview of the new rules.
Exemptions
Applicants making a settlement application – but not entry clearance or leave to remain – are exempt from the English requirement if at the date of application they are aged 65 or over, under 18, or if they have a physical or mental disability preventing them from meeting this requirement. It is assumed that anyone relying on the latter provision will be expected to provide strong medical evidence.
Majority English Country
If an applicant is a national of a designated English-language country they are considered to have met the English language requirement. Malta has recently been added to the list, the addition of which applies across all categories in the Immigration Rules.
The list is as follows:
Academic Qualification
Applicants are considered to have met the English Language requirement by having a degree from:
English Language Test
English language tests can only be taken with one of the following providers:
GCSE or A Level English
Previously, you may have achieved an A* in English at A level but were still expected to take an approved English Language Test.
As long as they were under 18 and at school at the time, and the qualification was awarded by an Ofqual, SQA, Qualification Wales or CCEA awarding body, from December applicants applying under Appendix Student, Appendix Skilled Worker, Appendix Start-up and Appendix Innovator can meet the requirement if they have one of the following qualifications in English (language or literature):
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