Process of Detention in the UK
If you do not have a valid leave to remain in the UK and there is no application or other proceedings pending with the Home Office or Immigration Tribunals, you may get detained and deported.
Reasons for UK Detention
You may be Detained or Deported if you:
- Entered the UK illegally.
- Stay in the UK longer than your authorised period of stay.
If you do not have leave to remain and no pending applications, the Home Office may detain you for administrative removal. Various factors affect the success of your application to remain, and your solicitor will advise you on these factors and how to proceed.
There are factors which will affect the success of your application to remain in the country. Your solicitor will advise you on these factors, your chances of success and how to complete the application.
How to Deal with Detention in the UK?
If you have been detained by UK immigration authorities, you may be eligible to apply for Temporary Admission or Bail through the Chief Immigration Officer. Under the revised 2024 Home Office guidance, additional protections are in place for individuals identified as vulnerable adults. This includes:
- Those who have declared a physical or mental health condition
- Those who have experienced trauma that could make detention harmful.
An adult will be considered “at risk” in detention if they declare that they are suffering from a condition, or have previously experienced a traumatic event, which is likely to make them especially vulnerable to harm if placed in detention or kept there.
These protections aim to ensure that detention does not exacerbate existing vulnerabilities and that each individual’s welfare is carefully assessed before decisions are made.
How Deportation Differs from Detention?
If you are a non-British national and have committed a criminal offence, the Secretary of State may decide to deport you and your family members. If this is the case and you wish to appeal the decision, you will need to make representation to the Home Office. However, in case of a refusal, you may reserve a right to appeal to the Immigration Tribunal.
- It is a breach of human rights to deport first and appeal later.
Having to appeal from abroad can reduce the effectiveness of an appeal. If the court has ruled in favour of deporting non-British criminals before they have had a chance to appeal, it will breach their human rights.
The Home Secretary has a discretion to issue deportation orders under Section 3(5)(b) and(6) of the Immigration Act 1971. Individuals with the Right of Abode, including those that are British, cannot be deported. Anyone else, including foreign nationals – for example those with Indefinite leave to remain, limited leave to remain, pre-settled status or settled status are liable to deportation. A deportation order invalidates any limited leave to enter or remain you may have.
Grounds for Deportation
Some common grounds for deportation are as follows:
- Your deportation is considered to be conducive to the public good and in the public interest because you have been convicted of a criminal offence.
- A criminal court has recommended your deportation, this only applies to cases
where:
- The person is 17 years or over.
- And the offence led to imprisonment.
Automatic Deportation
- The Secretary of State has the power to issue an Automatic Deportation Order under Section 31 of the Borders Act 2007.
This again does not apply to those with a Right of Abode in the UK, including those who are British Citizens.
What if the foreign national criminal is an EEA National? EEA Nationals are an exception to the rule of automatic deportation if you can show that you have been exercising your treaty rights under the EU Treaties. Deportation can still proceed under the ground of public policy, security or public health.ﾠ
Deportation Appeals
Our solicitors will prepare a detailed deportation appeal for your particular case, preparing every aspect and detail. Throughout the case, we will be on hand to offer expert advice and guidance.
These cases are often very complex matters, which is why it is important to have expert legal representation and safeguarding as a Foreign National Prisoner.
Bail Applications
If you have been detained and held in a removal centre or prison for over a week by the UK Border Agency, you could be entitled to apply for bail.
Once you apply for bail, you will face an immigration judge in front of an immigration court. Whether your bail application is successful will be decided by the judge.
UK Spouse Visa Fees / Cost in 2025
These fees are subject to change. We provide full cost breakdowns before you apply. For updated rates visit GOV.UK
How Long Is Detention in the UK?
Understanding how long someone can be held in immigration detention is important if you or a loved one is facing removal from the UK.
- There is no statutory maximum time limit for immigration detention in the UK.
- Home Office policy states detention should be as short as necessary to progress removal or case resolution.
- Many people are held for less than one month, with the most common period being between one week and one month.
- Some cases ( complex asylum or legal challenges) can lead to longer detention.
- Vulnerable individuals and adults at risk may be released sooner under safeguarding guidance.
Axis Solicitors can advise on bail applications and legal strategies to minimise detention time and protect your rights.
Defending & Appealing Deportation and Removal Orders
Our team of expert immigration solicitors provides comprehensive support to challenge deportation or removal orders.
Assessing the Merits of Your Case
- Carefully evaluate the likelihood of successfully challenging deportation.
- Identify legal and factual grounds for your appeal.
- Advise on the best strategy to protect your rights.
Determining Lawfulness of Detention
- Review whether detention complies with legal standards.
- Identify breaches of immigration or human rights law.
- Highlight vulnerabilities or procedural errors affecting your case.
Submitting Strong Representations
- Prepare robust legal arguments for the Home Office.
- Emphasise human rights or exceptional circumstances.
- Ensure all points clearly explain why removal should be overturned.
Appealing Negative Decisions
- Represent you in appeals before an Independent Immigration Judge.
- Challenge Home Office rejections effectively in immigration court.
- Leverage legal precedent and case-specific evidence to strengthen your case.
Judicial Review Applications & Supporting Evidence
- Apply for Judicial Review in the High Court if necessary.
- Prepare all relevant documents and evidence meticulously.
- Build a compelling case to secure your future in the UK.
What is the Process to Detention & Deportation?
When the UK Visas and Immigration (UKVI) considers deporting a foreign national, timely legal support is critical.
1-Responding to UKVI’s Deportation Notice
- Assist in completing UKVI questionnaires with detailed legal arguments.
- Gather evidence of significant family ties under Article 8 ECHR.
- Obtain vital records, including national insurance, medical, and prison visitation documents.
2. Drafting Support Statements
- Prepare persuasive statements from you and family members.
- Include community endorsements to strengthen your case.
- Highlight personal circumstances and long-term ties to the UK.
3. Challenging a Deportation Order
- Represent you in First-Tier or Upper Tribunal hearings.
- Collect witness statements and organise all supporting evidence.
- Ensure strict compliance with court rules and procedures.
4. Court Liaison and Preparation
- Maintain regular communication with the courts.
- Prepare all documentation effectively for hearings.
- Collaborate with specialist barristers if required.
5. Why Legal Support is Critical
- Navigate complex, time-sensitive deportation procedures efficiently.
- Maximise your chance of a successful appeal.
- Receive expert advice and representation at every stage.
