Last updated: 11 November 2025

What is detention and how long can you be detained?

If you are at risk of detention, you could technically be detained at any time, but there are several points in the asylum and immigration process when the risk is higher. This includes on entry to the UK, when a visa or leave to remain has expired, or when an application has been refused and you don’t have the right to appeal that refusal.

If you are detained under immigration powers you may be held in a short-term holding facility, or a reporting centre, to start with. A person can only be held in a short-term facility for a maximum of 7 days. You will then usually be moved to a longer-term detention centre. Some people are taken straight to a longer-term detention centre without being held somewhere temporarily. The Home Office uses the term Immigration Removal Centre (or IRC) but this term can be misleading, because most people who are detained go on to be released back into the community, and others are held in detention for long periods of time without ever being removed. So, we use the term ‘detention centre’ instead. 

If you have just completed a prison sentence and the Home Office has decided that you will now be detained under immigration powers, you may be detained in prison, or you may be moved to a detention centre.

If you are detained, you cannot leave without permission and you will have very limited freedom of movement within the detention centre.

If you are an adult, you could be detained indefinitely (this means that there is no time limit on how long you can be detained). The exception to this is pregnant women, who can only be detained for up to 72 hours, unless this is extended by ministerial approval. Families with children can also only be detained for short periods which is normally up to 72 hours, or up to seven days if a minister personally approves the extension.

You can find a list of the detention centres and short-term holding centres in the UK here. To learn more about detention, see these key resources created by the Association of Visitors to Immigration Detainees (AVID)

When in the legal process can you be detained?

If you are at risk of detention, you could technically be detained at any time, but there are several points in the asylum and immigration process when this is more likely to happen:

• when you enter or re-enter the UK
• when you claim asylum, if the Home Office categorises your case as a non-suspensive appeal case. This will usually happen after your screening interview.
• if your asylum claim has been refused and you are appeal rights exhausted. This means after you have been refused and either have appealed to the First-tier Tribunal and lost your appeal, or if you did not take the opportunity to appeal, or if you did not have the right to appeal. Remember that this is another misleading Home Office term and you may in fact have legal options/further appeals available to you. Read our Appeal Rights Exhausted page to learn more. 
• if you do not have any immigration status or applications pending.

Where might you be detained (picked up from)?

You could be detained when you go for your regular reporting/signing at the Home Office. 

This is more likely to happen if, for example, your appeal has recently been refused or your fresh claim has been rejected. You may not have been notified that this has happened before you go to report/sign. You can read the ‘Signing Support’ section below to below for guidance on how to prepare for your visit to the Home Office to sign or report. 

You could also be picked up from your home (sometimes in a ‘dawn raid’ during the night, or very early in the morning), or during immigration raids on businesses, or during stop-and-searches at train and bus stations and other public spaces. The Anti-Raids Network has many resources in different languages about your rights in these situations. You can learn more about this below.

Who should not be detained, according to the Home Office’s own policy?

The Home Office policy says someone should be treated as an adult at risk if there is any sign (from what the person says, from medical evidence, or from staff observations) that detention could seriously harm them. The Home Office’s Adults at Risk in Immigration Detention policy lists examples of people who may be especially vulnerable to harm in detention, such as those who are:

• suffering from a mental health condition or impairment (this may include more serious learning difficulties, psychiatric illness or clinical depression, depending on the nature and seriousness of the condition)
• a victim of torture
• a victim of sexual or gender-based violence, including female genital mutilation
• a victim of human trafficking or modern slavery. Read more about the legal process for victims of human trafficking here.
• suffering from post-traumatic stress disorder (which may or may not be related to one of the above experiences)
• pregnant
• suffering from a serious physical disability
• suffering from other serious physical health conditions or illnesses
• aged 70 or over
• a transsexual or intersex person.

If you are in one of these categories it does not necessarily mean that you will NOT be at risk of detention, according to the Home Office’s point of view. It might be useful, however, when  arguing that you should not be detained, or for your release if you are already detained.

The policy states that detention for people “at risk” could “become appropriate at the point at which immigration control considerations outweigh that presumption. Within this context it will remain appropriate to detain individuals at risk if it is necessary in order to remove them.”

You will likely  need to provide independent objective evidence to prove that you fall within some of these categories, for example if you are a survivor of torture, trafficking or sexual or gender-based violence. You can learn more about evidence by reading our Toolkit page.  This is particularly the case if being part of one of these categories forms a central part of your asylum claim. 

Unaccompanied children should also not be detained, except in “exceptional circumstances.” In practice, children are sometimes wrongly detained if the Home Office misclassifies them as adults.

Safeguards in detention: Rule 34 & Rule 35

Detention should only be used as a last resort, usually right before removal from the UK. There are rules (called the The Detention Centre Rules ) that explain the minimum safeguards for people in detention, including access to healthcare, contact with the outside world, and how staff must treat people. Two of the most important safeguards are Rule 34 and Rule 35.

Rule 34 – Medical assessment within 24 hours

Rule 34 says that every detained person should be offered a physical and mental-health examination by a doctor within 24 hours of arriving at the detention centre (unless they do not consent).

In practice, most people are first seen by a nurse for basic checks soon after arrival, but that is not the same as a Rule 34 assessment which must be with a doctor.

If this assessment does not happen within 24 hours, or you are not offered one, you can ask Healthcare for a Rule 34 assessment as soon as possible.

During the Rule 34 assessment, the doctor should ask about your physical and mental health, including any past experiences of torture, trafficking, or sexual or gender-based violence. It is important to explain if detention is making your health worse, like if you are having more flashbacks, nightmares, or panic attacks. This information can help to support your release.

If you were not offered a Rule 34 examination (and did not refuse), your detention may be unlawful. You should get legal advice about this.

Rule 35 – Reporting people who are at risk in detention

Rule 35 requires doctors in the detention centre to tell the Home Office if someone’s health is likely to be harmed by continued detention. This includes if:

• detention is damaging their physical or mental health,
• they are at risk of suicide or self-harm, or
• there is evidence that they have been a victim of torture.

The doctor must complete a Rule 35 Report and send it to the Home Office’s Rule 35 Team within 2 days of completing it. A copy should also be kept in the person’s medical record, and they are entitled to a free copy if they ask for it.

Once the Home Office receives a Rule 35 Report, it must review the person’s detention under the Adults at Risk Policy to decide whether they should be released. The stronger the medical evidence, the higher the person’s “risk level” will be assessed as and the stronger the case for release.

Adults at Risk levels

Under this policy, the Home Office places people into three “levels” depending on the strength of the evidence:

• Level 1: The person says they are vulnerable (this is called “self-declaration”) but there is no professional evidence yet.
  
• Level 2: There is professional or official evidence showing that the person may have experienced torture, trafficking, or serious ill-treatment. For example, a GP letter or Rule 35 report.
  
• Level 3: There is professional evidence showing that the person is at serious risk and detention is likely to cause harm. For example: a Rule 35 report confirming that their health is deteriorating in detention.

The higher the level, the stronger the case for release. However the Home Office will also consider the evidence along with other factors such as:

• How soon removal from the UK is likely to take place. For example, if the Home Office has already booked a flight or removal is expected to happen very soon, they may decide to keep the person in detention.
  
• Whether the person has previously complied with immigration processes. This means whether they have followed instructions from the Home Office, such as attending reporting appointments, interviews, or medical assessments, and not absconding or hiding from contact. A good history of compliance makes release more likely.
  
• Any public protection concerns. This refers to risks that releasing the person could cause harm to others or the public. For example, if they have a criminal record, have been convicted of a violent or sexual offence, or there is other evidence of risk to public safety.

If you have Level 2 or 3 evidence, detention should normally end unless removal is imminent or there are serious public-protection reasons to keep you detained.

Getting medical support

Organisations like Medical Justice can help people in detention get medical evidence and expert reports. Their doctors can:

• document signs of torture or ill-treatment in medical reports (called medico-legal reports), which can be used in asylum or detention cases;
• write letters explaining medical conditions, treatment needs, or whether someone is fit to fly; and
• record evidence of injuries caused by excessive force or poor detention conditions.

Medical Justice’s evidence can strengthen Rule 35 reports or other legal challenges about detention.

You can download and complete this blank Form of Authority to show that you have given permission to a trusted person to act on your behalf. You may also hear this form described as a letter of consent, letter of authorisation, or written permission.

Signing support (for people who have to report to the Home Office)

Many people who have applied for asylum or other immigration status and have not had a positive decision have to regularly report at their local Home Office reporting centre or a police station. 

At every reporting visit, you may be at risk of detention, particularly if your application has been refused, which you may not know until you go and report.

Some people call a friend just before they enter the reporting centre, with instructions on  what to do and who to contact if they are detained. If the friend does not hear from them within a few hours to say they are safe, they  can call their lawyer and/or support group if they have one.

In some areas, local support groups have set up systems to help with this. The person going to report will check-in with the group first – and the group  keep a record of everyone’s contact details and emergency instructions of what to do if they do not come out.

A system like this can save valuable time: friends/supporters can start finding out exactly where you are, what has happened, and what can be done to help straight away.

A signing support system also means that when you go to sign, you know that people are looking out for you, and that there is a plan in place if things go wrong and you  are detained.This can reduce the psychological burden of reporting/signing at the Home Office. Signing support groups can also provide a safe space for valuable or sentimental items that you don’t want to keep with you in case the Home Office seizes them.

A rough guide to immigration detention

This “zine” is a hand-made guide about preparing in case you are detained. It talks about practical things that you and supporters can do, as well as giving you some insight into what the experience might be like – although it is different for everybody. The zine was made by Rosie in Sheffield using accounts from experts-by-experience (people who have been detained) and the Right to Remain Toolkit.

Note – the zine was published in 2019, so it is best to check back on this Toolkit page for the most recent updates to detention law and policy.

detention-zineDownload

If you were living in asylum support (Home Office housing)

If you receive asylum support from the Home Office (this includes housing and weekly money), it is important to consider how being detained could affect that support. Although the Home Office handles both asylum support and immigration detention, the teams don’t always communicate. That means your support could be stopped by mistake if no one tells the support team you’ve been detained. It is very helpful if a friend, supporter or a lawyer contacts Migrant Help immediately to explain you’re detained and still need housing or money.

When might asylum support be stopped?

Your support may be discontinued if:

• Your asylum claim is refused or your appeal is dismissed.
  
• You haven’t kept to the rules you agreed to when you began receiving support (this is known as a “breach of conditions”).
  
• The Home Office believes you are no longer destitute (that is: they believe you now have enough money or housing from another source).
  

Living in the accommodation provided

If you are receiving asylum support, you must live in the address the Home Office gave you. If you leave the address  without permission, you may be in breach of conditions (breaking rules).
If you are receiving support known as Section 95 or Section 4, and you leaveyour accommodation without permission, the Home Office must give you at least 5 working days to explain why, before it can stop your support.

If you are detained and cannot return to your accommodation, ask a supporter, friend or lawyer to contact Migrant Help straight away to explain that you have been detained, and you need support. 

No longer destitute

The Home Office can stop your support if they believe you now have enough housing or financial help from another source (you are “no longer destitute”). This is different from stopping support because you broke a rule (breach of conditions). If the reason for stopping your support is that you are “no longer destitute,” you have a right to appeal. 

Legal options in detention

Many people find that the lawyer previously representing them can no longer do so once they are detained, because the detention centre is too far away from where the lawyer is based. Unfortunately,  legal aid lawyers are very limited in how much time and travel they can claim under the legal aid funding scheme.

If you are detained, it can be very difficult to get the legal advice you need to challenge your detention or continue with your asylum or immigration application.

Some lawyers will continue working with you if they are in the middle of working on an aspect of your case, but communication will generally only be phone, email, and fax, and not face to face. 

If there is a new legal issue to work on once you are detained, your previous lawyer may not be allowed to represent you. This is because in England, only certain legal aid law firms are able to give advice to people in detention.

For more information on accessing legal advice in detention, see AVID’s resource here.

Legal aid contracted firms

At detention centres in England, legal aid advice is provided by contracted legal firms at each centre. These firms each have days allocated to them on a rota system, called the duty advice scheme. You can sign up for an advice session with one of these firms if you are in detention, often in the detention centre library or another communal space. Ask the staff at the centre, or other people detained there, how to do this.

The appointments get booked up very far in advance, and the quality of legal advice is variable.

If you experience problems signing up with the rota, or with the legal advice you receive, you can make a complaint to the solicitor firm, the Immigration Advice Authority (IAA) or the Legal Ombudsman.In general, there is no legal aid in England for immigration matters, apart from some cases involving domestic violence or trafficking.

If you have a non-asylum immigration case, you will probably not be able to get legal aid advice on your substantive case (this means the main part of your case), though you may be able to get legal aid to challenge your detention.

Detention far from where you live

When someone is detained, they are often moved far from home, sometimes to a completely different part of the UK.

Nearly all removals and deportations happen from London airports. This means that if you live in Scotland, Wales, or Northern Ireland and you are detained, you will probably be moved to a detention centre in England while the Home Office tries to remove or deport you.

This can make it hard for your lawyer to keep helping you, especially if they are based in another country or far away. The same problem can happen if you live in one part of England but are detained many hours away from your lawyer’s office.

If you claimed asylum or applied for another immigration status in Scotland or Northern Ireland, you may also face problems with legal aid, because it works differently in England.

Key detention support organisations

You do not have to go through detention alone. There are organisations and volunteer visitor groups across the UK that can offer emotional support, practical help, and information about your rights.

• If you are in Brook House or Tinsley IRC call Gatwick Detainees Welfare Group: 01293657070
• If you are in Heathrow IRCs call Detention Action: 08005872096
• If you are in Yarl’s Wood IRC, contact Beyond Detention: 08003101992 – they run 3 drop-in sessions at the centre each week
• If you are in Harmondsworth, Colnbrook or Yarl’s Wood call SOAS Detainee Support: 07438407570If you are in Dungavel IRC contact Scottish Detainee Visitors: 0141 401 0756
• If you are in Hassockfield contact Durham Visitor Group: durhamvisitorsgroup@gmail.com 

If you are in any detention centre, you can call Bail for Immigration Detainees: 02074569750

You can also find a full list of visitor groups on the AVID website here.

The rules and conditions in each detention centre are different. Staff may not always give you clear information about your rights or what might happen next, so it’s a good idea to contact a visitor group or charity for advice.

If you feel your rights are not being respected, tell someone such as a visitor group, your lawyer, a friend, or supporter. You can also make a complaint to the detention centre, the Home Office, or the Legal Ombudsman. Every centre should also have an Independent Monitoring Board (IMB) complaints box where you can post your concerns.

Your rights and daily life in detention

Communication

It can be difficult to keep in touch with people if you are detained. At some detention centres the mobile phone signal is very bad. If you have your mobile phone and sim cards, they will be taken from you, and you will be given a very basic handset and instead. The cost of calling can be very expensive.

If you are supporting someone in detention, remember that some phone networks charge to pick up voicemail messages. If you don’t get through to the person in detention, it could be better to send a text message that  they can read for free.

Internet

You can use computers in detention to go online. Internet should be available 7 days a week, for at least 7 hours a day (unless there are technical problems). You must sign and follow the centre’s internet rules before using it. Staff can explain the rules in your language if needed.

All internet use is monitored, and downloading or saving files is not allowed.  Some websites are blocked, including: social media like Facebook and Instagram and any sites used for pornography, dating, gambling, terrorism, weapons, racist or criminal material

You can access websites with helpful information such as the Right to Remain toolkit. If a useful site is blocked, you can ask the welfare office to request access.

You may be stopped from using the internet for security or safety reasons, or if you break a rule you agreed to. If your access is suspended, you must be told why and you can appeal the decision. You can still ask for supervised access if you need the internet for your immigration case

Healthcare

You are entitled to healthcare in immigration detention, as you would be in wider society. AVID has further information here about your right to healthcare, and what to do if you are not satisfied with the healthcare available to you.

Chaplains/religious support

At every detention centre there will be one or more chaplains who can provide support in many different ways. There are usually several chaplains from different faiths who work in rotation. 

Chaplains can provide religious support, emotional support, or help in practical ways. The place of worship where the chaplain is based may provide a quiet place for reflection or prayer.

There are usually prayer groups in detention centres, which some people find very comforting.

Visitors

Friends and family can visit you in detention.

They will need to find out the visiting times, notify the centre in advance that they will be visiting, and bring ID with them on the day. 

They can call the detention centre to find out what form of ID they will need to bring. They will have their photograph taken at the centre, and their fingerprints may be scanned as well. See the Home Office website for details of visiting each detention centre.

There are also visitor groups set up for each detention centre. The Association of Visitors to Immigration Detainees (AVID) has a map to help you find visitors’ groups near you, which you can access here.

See the map of visitors’ groups

Immigration detention in prison

If you have served a prison sentence after a criminal conviction, you may continue to be held in prison after you have finished your sentence, under immigration powers.

This can be very difficult as you have less access to services than people held in detention centres.

If you are detained in prison, you do not usually have access to a mobile phone or the internet. You are only allowed to call people whose numbers have been approved by the prison, which can take some time.

At the time of writing, there is also no legal advice surgery available in prisons (unlike in detention centres). However, the organisation Prisoners Advice provides resources, outreach and legal advice clinics to people who are in prison, and they have a number of resources for prisoners who are foreign nationals here. 

If you are being held in prison under immigration powers, you can request that the Home Office transfers you to a detention centre. The Home Office may refuse this request if you were convicted of a serious crime or you are considered ‘dangerous’ in other ways.

The organisation Bail for Immigration Detainees (BID) has a team that works specifically with people in prison, and produced a guide for people held in prison, which includes a template letter for requesting a transfer to a detention centre. You can find contact details for BID, including their prison team, here. 

Getting out of detention

People should only be kept in detention for what the Home Office calls a “reasonable period of time.” They are only allowed to detain someone if there is what they describe as a “realistic prospect of removal,” meaning a genuine chance of sending someone out of the UK soon. The Home Office must also carry out regular detention reviews to explain and justify why a person is still being held.

If your removal or deportation is not likely to happen soon you should not be kept in detention.  This includes situations where travel documents cannot be issued, or where there are other barriers to removal, such as having a new immigration application or appeal in progress.

If you are detained, you can apply to be released on immigration bail. You can apply for immigration bail when you have been in the UK for at least 8 days. There are two main ways to apply: through the Home Office or through the Tribunal (court). The Home Office is less likely to grant bail unless you provide new information they didn’t know when they decided to detain you. However, applying can still help because it makes them explain their reasons for keeping you detained.

To apply for bail, you need to fill out Form 401, which you can get from the Welfare Office in the detention centre or online. The charity Bail for Immigration Detainees (BID) also has a step-by-step guide to help you complete your application. It’s important to include clear reasons and supporting evidence to show why you should be releasedIf your bail is granted, you will be released but must follow certain conditions. These might include:

• Living at a specific address
  
• Reporting regularly to a police station or reporting centre
  
• Having financial condition supporters – usually friends, family members, or community supporters who agree to help you follow your bail rules and may promise to pay money if you don’t
  
• Sometimes, wearing an electronic tag to monitor your location
  

If you have been in detention for four months or more and have not applied for bail, the Home Office should automatically refer you for bail (this is called an automatic referral). This doesn’t apply if you are detained for national security reasons or if you are being deported after a criminal sentence.

If the High Court decides that part of your detention was unlawful, which means the Home Office kept you in detention when they had no legal right to do so, then you may be able to claim financial compensation. You will need to speak to a lawyer for legal advice. 

Addresses

Successful bail applications will include a specific  address where you will  live when you are released.

If you do not have an address to stay at (for example with a friend, family member or supporter), the Home Office has the power to provide accommodation in exceptional circumstances.

There are different processes for applying for accommodation because of exceptional circumstances, depending on whether you have ever claimed asylum and whether you have been convicted of a criminal offence. You can contact BID for more information about this here.

You will need to try to show that you meet the test for exceptional circumstances for accommodation when you apply for bail from the Home Office or the Tribunal. The BID bail guidebook says you must show that:

• You do not have any friends, family, people in the community, charities or other organisations who can accommodate you if you are released on bail
• You have no other way of finding accommodation
• You will have nowhere to live and you will have no way to support yourself if you are released
• You will be forced to live on the streets and this will be inhuman treatment.

BID also points out that it’s important that the information you provide  to support the points above doesn’t contradict (this means go against) what you have said in your immigration case.

Financial condition supporters

A financial condition supporter is someone who provides a sum of money to guarantee that the person applying for bail will keep to their bail conditions. If the person being released doesn’t keep to the conditions, the supporter is liable to lose the money they have provided.. This role is called a cautioner in Scotland.

Usually no money is handed over when someone agrees to be a financial condition supporter, but if bail conditions are broken, then the money will be taken from their bank account. The amount promised may be a significant amount – it can be thousands of pounds (and if the supporter has a high income, it may be even higher as it is meant to be an amount which would be difficult to lose).

The bail application form has space for two supporters, though you only need one. The supporter(s) will need to attend the bail hearing and provide ID, proof of address, occupation, financial status and immigration status. A criminal record check and immigration record check can be undertaken of all people who act as financial condition supporters.

You do not need to be a British citizen to act as a supporter, but if you have problems with your immigration status, you need to consider whether it is safe for you to be a supporter for someone else.

Although it is helpful to have a financial condition supporter at a bail hearing as it can help a Judge believe that you will stay in touch with the authorities, it is not required.  Many people are granted bail without a financial condition supporter .  

Bail hearings

Bail hearings take place in front of a judge at court, but you are likely to stay in your detention centre and only join the proceedings via video link.

The bail hearing will consider whether removal is imminent (happening soon) or if there are risks to you breaking your bail conditions.. 

The Home Office will set out their case for keeping you in detention in the bail summary.  This will lay  out your immigration history and why the Home Office wants to keep you in detention.  It’s important to check the bail summary provided as there are often mistakes that could be challenged. 

The bail summary should be made available to you and your lawyer (if you have one) the day before the hearing.

If someone is acting as your financial condition supporter, they will usually need to attend the bail hearing.

You may want a friend or supporter to attend the bail hearing with you as an observer. If your bail hearing is taking place via video link, your friend would sit in the Tribunal with the judge, while you give evidence by video from detention. It is unlikely you will be able to see them or speak to them, but it may be comforting to know that they are there

The Judge will consider things such as the release accommodation, financial conditions, whether you are likely to abscond (this means break your bail conditions), your immigration history, your family or community ties and factors such as health conditions.  The Judge should follow the Judge’s Guidance which tells them how to act in different circumstances.  It is worth checking this against the Bail Summary.

After you are released on bail

Unfortunately, there are often no local specialist support groups dedicated to ex-detainees in many areas. You may need to rely on national or remote services, and it’s especially important to look after yourself as the experience of both detention, and being released can be traumatic, so having your own support network and checking in with your wellbeing matters.

There are some national organisations that may be able to support you: 

• MiCLU has made a map of resources and support services of organisations across the UK that may be able to help you. You can access the map here.
• You can contact Samphire’s Ex-Detainee Project helpline if you are in need of support on Monday – Friday between 10.00am and 1.00pm. The contact numbers are:

Tel: 01304 201535

Text: 07714 490981

Freephone (landlines): 0800 9179397

The No Accommodation Network (NACCOM) is a national network of members preventing destitution amongst asylum seekers, refugees and other migrants. This organisation may be able to help detainees who are refused asylum seekers and need an address to be released to, if it means getting out of detention. You can access their list of members who provide accommodation here.

The Life After Detention group is a group of experts by experience based in Scotland with first hand experience of the detention system. You can contact them by email at coordinator@sdv.org.uk.    

Supporting people who have been detained

Detention affects not just the person inside, but their whole community. Acting together, calmly, compassionately, and in solidarity, helps keep people safe, supported, and connected through an isolating experience. The steps below can help you organise support and protect their rights.

Being part of a visitor group

“Having someone to visit you is so important. If no one comes to visit you, you think you belong in that place. Having visitors gave me something to reach for. It reminds you there’s a world out there. After a visit, I felt like a human being.”

Ed from the Freed Voices group

If someone you know has been detained, you might want to arrange visits to see them. The isolation of detention can make it very difficult to keep spirits up. Keeping engaged and communicating is essential, not just for wellbeing, but also for continuing with the legal process.

If a member of your community group has been detained, you might want to think about fundraising to pay travel costs so group members can visit the person in detention. Detention centres are often difficult to reach by public transport, so sharing lifts in a car and splitting petrol costs may be the easiest way of visiting.

Some groups also organise letter-writing sessions, where everyone gets together to write to someone they know (or even someone they don’t) in detention. If a member of your group has been detained, you might want to take photos of the group getting together to write the letters or taking other actions for them, and send the photos to the person in detention so they know people are thinking about them.