Last updated: 12 October 2026

What is immigration detention?

Immigration detention is when the Home Office keeps someone in a place where they cannot leave, using immigration powers. You do not need to have committed a crime to 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 first be held in a short-term holding facility before being moved to a detention centre.

How long you can be held there depends on the type of facility. Some holding rooms are normally limited to 24 hours, while residential short-term holding facilities can generally hold people for up to five days, or seven days in certain circumstances.

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.

You can find a list of the detention centres and short-term holding centres in the UK here. The UK Gov website also has an official page of each centre, their contact details and visiting hours which you can read here.

To learn more about detention, see these key resources created by the Association of Visitors to Immigration Detainees (AVID).

Who can be detained?

The Home Office can detain people under immigration powers for different reasons.
People who may be detained include:

• People whose asylum claim has been refused, especially if there is no right of appeal, or the appeal has been refused.
• People without leave to remain, including people whose visa or leave has expired.
• People waiting for a decision, if the Home Office believes they may not follow rules they have been given. For example, reporting regularly.
• People who are facing removal or deportation.
• People at the border, if the Home Office is unsure whether to give them permission to enter the UK.
• People who have been convicted of a criminal offence and are facing deportation, including people who have finished a prison sentence. The Home Office uses the term Foreign National Offender (FNO) for people who are not British citizens and have criminal convictions. Deportation can happen if someone has received a prison sentence of 12 months or more. Since 22 March 2026, this also includes suspended sentences of 12 months or more for people convicted on or after that date. The Home Office can also consider deportation for shorter sentences, offences that caused serious harm, or repeated offending. Not everyone with a criminal conviction will be deported or detained.
• Having permission to live in the UK does not automatically protect you from immigration detention. However, the Home Office must have a legal reason to detain you. For example, it may have the power to detain someone who still has valid leave if it is taking action to deport them. People can also be wrongly detained because of mistakes about their immigration status. If you are detained while you still have permission to stay in the UK, seek legal advice as soon as possible.

There are other things that may increase your risk of being detained. These include:

• The Home Office thinks the person could be removed from the UK soon.
• The person has previously stopped reporting to the Home Office, or the Home Office did not know where they were.
• The person has previously not followed immigration bail conditions. For example:
  • not going to a reporting appointment
  • not living at an address they were required to live at
  • not following an electronic monitoring (tagging) condition
  • not following a curfew, such as being away from home during hours when they were required to stay there
  • not telling the Home Office about a change when they were required to.
• The person has previously entered, or tried to enter, the UK without going through immigration control, for example hidden in a vehicle, or has entered despite a deportation order.
• The Home Office thinks there is a risk that the person may offend or cause serious harm to someone.

How long can you be detained for?

In the UK, there is no general time limit for immigration detention. This means adults can be detained for a long time. However, the Home Office must have a legal reason to keep someone detained and must not detain them for longer than is reasonable.

There are special rules if you are pregnant. If the Home Office is detaining you to remove or deport you from the UK, it can normally only do this if you are likely to be removed soon or there are other exceptional reasons. You can normally only be detained for up to 72 hours (3 days). A government minister can allow this to be extended, but you cannot be held for more than 7 days under these rules.

Different rules may apply if you are detained at the UK border while the Home Office decides whether you can enter the UK.

There are also special time limits for families with children who are detained together before being removed from the UK. Families can normally only be detained for up to 72 hours (3 days). A government minister can approve an extension, but the total time must not be more than 7 days.

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 can be detained when you go to your regular reporting appointment at the Home Office. This is more likely if your appeal has recently been refused, your fresh claim was rejected, or the Home Office believes you have no ongoing right to live in the UK. Sometimes people are not told about these decisions before they go to report.

Detention can also happen outside of reporting appointments. Immigration Enforcement (IE) is the part of the Home Office that sends immigration officers to carry out immigration checks, detain people, and remove people from the UK. If the Home Office decides to detain someone, immigration officers may go to workplaces, homes, or public places to find them.

This can include dawn raids, when immigration officers come to someone’s home very early in the morning. There may also be immigration raids at businesses and immigration stop-checks at train stations, bus stations, or other public spaces.

The Anti-Raids Network (ARN) has useful information, in many 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 has a policy called Adults at Risk in Immigration Detention.

This policy recognises that some people may be more likely to experience harm in detention. The Home Office calls these people adults at risk.

You may be considered an adult at risk if you:

• have a mental health condition, such as depression or post-traumatic stress disorder (PTSD), or serious learning difficulties
• have experienced torture
• have experienced sexual violence or violence because of your gender, including female genital mutilation (FGM)
• have experienced human trafficking or modern slavery. Read more in our Modern Slavery and Human Trafficking guide
• are pregnant
• have a serious physical disability
• have a serious physical health condition or illness
• are aged 70 or over
• are transgender or intersex.

This is not a complete list. Other experiences or health conditions may also mean that detention could harm you.

Being an adult at risk does not mean the Home Office cannot detain you.

However, the Home Office must consider the risk of harm to you before deciding to detain you or keep you in detention. It must consider whether its reasons for detention are strong enough to outweigh that risk.

If you are an adult at risk, this may help you argue that you should not be detained, or that you should be released if you are already detained.

You can tell the Home Office about your health, experiences or other reasons why detention may harm you. You do not need medical evidence before raising these concerns. The Home Office must consider what you tell it.

Evidence from a doctor, social worker or support organisation can help explain your circumstances and why detention may harm you. This can strengthen your case for release.

If you are detained, tell your lawyer and the healthcare team about any concerns. You can also read our guide to evidence to learn more about getting evidence to support your case.

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 everyone arriving at an Immigration Removal Centre (detention centre) must be given a physical and mental health examination by a doctor within 24 hours of arrival, if they agree to it.

You should also receive an initial health check, usually with a nurse, within two hours of arriving. This is not the same as a Rule 34 assessment, which must be carried out by a doctor.

If you are not given a Rule 34 assessment within 24 hours, ask the healthcare team to arrange one as soon as possible. You can also ask for an interpreter if you need one.

During the assessment, tell the doctor about any physical or mental health conditions, medication you need, or past experiences that may affect your health. This could include experiences of torture, trafficking, or sexual or gender-based violence.

It is particularly important to explain if detention is making your health worse, for example, if you are experiencing more nightmares, flashbacks, panic attacks or other symptoms. You can ask to see a doctor again at any time if your health changes.

The information you share may help show that detention is harmful to you and support an application for release.

If you were not given a Rule 34 assessment and did not refuse one, tell your lawyer as soon as possible. This may be relevant to a legal challenge to your detention.

Rule 35 – Reporting people who are at risk in detention

Rule 35 requires doctors in detention centres to report certain concerns about a person’s health or experiences to the Home Office.

A doctor must make a Rule 35 Report if they:

• believe that continued detention, or the conditions in detention, are likely to harm someone’s physical or mental health;
• suspect that someone may be considering taking their own life; or
• are concerned that someone may have experienced torture.

You do not need to wait until your health gets worse to raise concerns. If you believe detention is harming you, or may harm you, ask to speak to a doctor. You can also ask whether a Rule 35 Report should be made.

The doctor must send the report to the Home Office’s Rule 35 Team within 2 days of completing it. A copy must be kept in your medical records, and you can ask for a free copy.

What happens after a Rule 35 Report is made?

The Home Office must review whether you should remain in detention. It must:

• Consider the medical evidence alongside its reasons for keeping you detained, using its Adults at Risk policy.
• Provide a written response, normally within 2 working days of receiving a completed report.
• Explain its decision, including why it believes detention should continue if it decides not to release you.

You should receive a copy of the Home Office’s response within 24 hours of it being received at the detention centre. If you need an interpreter to understand the decision, one should be provided.

A Rule 35 Report does not automatically mean you will be released. However, it is important evidence that the Home Office must consider when deciding whether continued detention is appropriate.

If you remain detained, ask your lawyer to review the report and the Home Office’s response. This evidence may help support an application for immigration bail or a legal challenge to your detention.

If you are held in a short-term holding facility, a similar safeguard called Rule 32 applies. This allows a doctor or nurse to report concerns about your health or experiences so that the Home Office can review your detention.

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.

The Home Office must consider the evidence that you are at risk alongside its reasons for detaining you.

Strong professional evidence that detention is likely to harm you should carry significant weight in favour of release. However, being recognised as an adult at risk does not automatically mean you will be released.

If you believe detention is harming your health, tell the healthcare team and seek legal advice. You can also ask for evidence from a doctor or another professional who knows your circumstances.

If you are pregnant

Under the Home Office’s Adults at Risk policy, pregnancy automatically counts as Level 3 evidence of risk, the highest level. This means the Home Office must give significant weight to the risk of harm when deciding whether to detain you or keep you detained.

Pregnancy does not mean you can never be detained, but there are strict limits on how long you can be held under certain immigration detention powers.

If you are pregnant, or find out you are pregnant while detained, tell the healthcare team and your lawyer as soon as possible. The Home Office must review whether you should remain in detention.

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.

It is important that the Form of Authority is updated every 6 months. Migrant Help also state on their website that they will only accept a form of authority that specifically states that you have permission to contact Migrant Help and not just “other organisations”.

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).
• The Home Office believes that you, or someone in your family who receives support through your application, has worked when their immigration status did not allow them to work. The Home Office may suspend or stop your support. You should seek advice if this happens.
  

Living in the accommodation provided

If you receive asylum support accommodation, you must normally live at the address the Home Office has given you.

If you receive Section 95 or Section 4 support, you must not be away from your accommodation without permission for more than 7 days and nights in a row, or a total of 14 days and nights in any 6-month period.

If the Home Office believes you have been away without permission, it may decide to stop your support. However, before making this decision, the Home Office must write to you and give you an opportunity to explain your absence. It must consider your individual circumstances, including whether you were unable to return because of an emergency or something outside your control.

If you are detained and cannot return to your accommodation, ask a friend, supporter or lawyer to contact Migrant Help as soon as possible. They should explain that you have been detained, why you cannot return, and that you will need accommodation when you are released.

If you receive a letter about your support being stopped, respond as soon as possible and seek advice. 

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.

Detained Duty Advice Scheme (DDAS)

If you are in an Immigration Removal Centre (detention centre), you can get up to 30 minutes of free legal advice through the Detained Duty Advice Scheme (DDAS).

You do not need to show that you qualify for legal aid to get this first appointment.

The appointment may take place in person or by telephone. You can ask for an interpreter if you need one. To book an appointment, speak to the welfare team. There may be a waiting list.

Because the meeting is short, it helps to bring:

• any Home Office letters
• your immigration papers
• your bail reasons
• any evidence you have
• make sure you ask for the lawyer’s name and contact details so you can follow up. If you forget to do this you can ask the Welfare team which lawyer was on duty that day.

During the meeting, the lawyer should:

• ask about your case
• check if you qualify for legal aid
• give basic advice
• explain about bail (release)
• give you a short written summary

Legal aid in detention is usually available for:

• asylum claims
• bail
• unlawful detention challenges

The lawyer will check if your case qualifies under legal aid rules (“merits” and “means”). Only firms with a DDA contract at that IRC can take new legal aid cases. If you already had your own lawyer before detention and they have done at least five hours of work, they can continue to act for you.

If you are in Dungavel (Scotland), legal aid covers more types of immigration cases.

If you are held in prison under immigration powers, you can also get up to 30 minutes of free legal advice from an immigration legal aid provider.

Unlike detention centres, prisons do not have regular free legal advice surgeries. Instead, you will need to contact a legal aid provider to arrange an appointment. Ask prison staff for a list of immigration legal aid providers and for help contacting them if you need it.

The appointment may take place by telephone, video call or in person, depending on the arrangements at the prison. If you are having difficulty getting legal advice, ask a friend, supporter or prison staff member to help you contact a lawyer.

If your case does not qualify for legal aid, you may still be able to apply for Exceptional Case Funding if your human rights would be at risk without legal representation.

When a lawyer takes your case, you should receive a client care letter explaining who is acting for you and what work they will do.

Challenges with DDAS

Bail for Immigration Detainees (BID) monitor the DDAS scheme regularly through Legal Advice Surveys . Their latest survey (November 2025) shows that many people in detention struggle to get the legal advice they are supposed to receive. Fewer than 4 in 10 people had an immigration lawyer, and even when people got a Detention Duty Advice (DDA) appointment, many waited weeks, had very short phone calls, or were given little or no useful advice or follow-up. Some people were told their case had “no merit” or were asked to pay large private fees, even when they later went on to get bail with support from BID.

What’s this means is that you may have to be persistent in order to get the legal advice you need. Be prepared to:

• Keep trying to book a DDAS appointment if you do not get one the first time
• Ask for written advice or the lawyer’s contact details after your appointment
• Keep a record of who you spoke to and the advice you were given
• Ask questions if you don’t understand what the lawyer said
• Try again with a different duty lawyer as you may see different advisors on different days
• Contact BID if you cannot get help to apply for immigration bail

This isn’t your fault. The system is difficult, and many people face the same problems. Getting support, asking for clarification, and trying again can make a real difference.

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: 07438 407 570.
• If 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

You have a right to clear information when you are detained. When you arrive, staff should give you an induction which is a first explanation of what this place is, what the rules are, and what support you can get. They should explain your rights, how to complain, and how to get legal advice, in a language and format you can understand (with an interpreter or translated information if needed).

Communication

It can be difficult to keep in touch with people when you are detained.

You will not normally be allowed to keep a smartphone with internet access or a camera. However, you should be given a basic phone that you can use to make calls and send text messages.

You should be allowed to keep your own SIM card where possible. If you cannot use your SIM card, the detention centre should provide one.

Staff should also help you transfer important phone numbers or write them down.

You are entitled to a free five-minute phone call when you first arrive at a detention centre and when you are moved to another detention centre.

Phone calls can be expensive, and the signal may be poor. If you are supporting someone in detention, sending a text message may be easier than calling, especially if they have to pay to listen to voicemail messages.

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, ChatGPT and other similar AI websites, 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 can read more about how to do this on the UK Gov website here.

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

Safety and support for transgender people

The Home Office has specific rules about the safety and accommodation of transgender people in detention.

Under its current policy, sleeping areas, toilets and shared washing facilities must be separated according to what the Home Office calls “biological sex”. This means transgender people may not be placed in accommodation that matches their gender identity.

Staff must consider each person’s individual needs and safety. They must:

• Ask about your wishes and any concerns you have about where you will stay.
• Assess any risks to your safety, including bullying, harassment or violence.
• Make a care plan that explains what support you need and how staff will help keep you safe.
• Make arrangements so you can safely use facilities and take part in activities.

You should not be excluded from activities or services simply because you need separate accommodation or washing facilities.

If you feel unsafe, or are worried about how you are being treated, tell the healthcare team, welfare staff or your lawyer. You can ask for your safety arrangements to be reviewed.

You can read the Home Office guidance on transgender people in detention.

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

The Home Office can only keep someone in immigration detention for as long as the law allows. It must have a legal reason to detain them and regularly review whether they should remain detained.

If the Home Office is detaining you to remove or deport you from the UK, there must be a realistic prospect of removal. This means there must be a real chance that you can be removed from the UK within a reasonable time.

Sometimes removal is delayed. For example, the Home Office may be waiting for travel documents, or you may have an ongoing legal challenge. A delay does not automatically mean you must be released.

However, if the Home Office cannot remove you within a reasonable time, it cannot continue to detain you for that reason.

If you think you have been detained for too long, seek legal advice. A lawyer can help you challenge your detention or apply for immigration bail (release from detention).

You can apply to be released from immigration detention on bail. There are two main ways to apply:

• Home Office bail: You can apply to the Home Office at any time, including during your first 8 days in the UK. Use Form BAIL401.
  
• Tribunal bail: If you arrived in the UK more than eight days ago, you can apply to the First-tier Tribunal (Immigration and Asylum Chamber). An independent judge will decide your application. Use Form B1.

You can ask for help with your application from a lawyer or an organisation such as Bail for Immigration Detainees (BID).

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 released. If 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
• Following a curfew, which means you must stay at a particular address during certain hours, for example overnight. The Home Office’s guidance says that curfews should only be used in extreme cases. The Home Office or Tribunal must consider your individual circumstances and explain why the curfew is necessary. A curfew should not be more restrictive than needed.
  

In some cases, the Home Office must automatically refer your case to the First-tier Tribunal for a bail hearing after four months in detention.

If the Tribunal has already considered your bail application, the four-month period normally starts again from that decision.

This automatic process does not apply to everyone. For example, it does not normally apply to people detained pending deportation or for national security reasons. You can also choose not to have an automatic referral.

You do not need to wait four months to apply for bail yourself.

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 and accommodation

Having somewhere to live when you are released can help your bail application, but you do not always need a fixed address to be granted bail.

If you do not have anywhere to stay, you may be able to get accommodation from the Home Office. The type of support you can apply for depends on your circumstances.

• If you are waiting for a decision on your asylum claim or appeal, you may qualify for asylum support accommodation (Section 95).
• If your asylum claim has been refused, you may qualify for accommodation under Section 4 support, if you meet the requirements.
• If neither of these applies to you, the Home Office may provide accommodation in exceptional circumstances. This is called Schedule 10 accommodation.

In some cases, the Home Office can provide accommodation if you have nowhere else to live and there are exceptional reasons why you need support. For example, this could include situations where you cannot afford accommodation, have nowhere safe to stay, and would be at risk of inhuman or degrading treatment without support.

The Home Office will consider your individual circumstances, including whether you can get help from friends, family or other organisations, and whether you can reasonably leave the UK. Other exceptional circumstances may also be considered.

You can apply for this accommodation using Form BAIL 409. Do not use this form if you are eligible to apply through the asylum support system.

If you do not have an address, you can still apply for immigration bail. In some cases, bail may be granted before accommodation is found, but your release may depend on suitable accommodation being arranged.

You can contact Bail for Immigration Detainees (BID) for information and support with bail applications and accommodation.

Financial condition supporters

A financial condition supporter is someone who agrees that they may have to pay money if a person released on immigration bail does not follow certain bail conditions. For example, if the person does not attend a reporting appointment.

The supporter does not normally have to pay any money in advance. Instead, they agree to pay a certain amount if the conditions are broken. This could be hundreds or thousands of pounds, depending on their financial circumstances.

Money is not automatically taken if bail conditions are broken. The supporter must be given an opportunity to explain what happened and why they should not have to pay. The Home Office or Tribunal will then decide whether the money must be paid.

Who can be a financial condition supporter?

The Home Office guidance says that a supporter should:

• Be aged 18 or over and settled in the UK, for example, have British citizenship or indefinite leave to remain.
• Have a personal connection to the person applying for bail, or represent an organisation supporting them.
• Have enough money or assets to pay the agreed amount if required.
• Have a stable place to live.

The Home Office may check the supporter’s immigration and criminal records. Having a criminal conviction does not automatically mean someone cannot be a supporter.

Supporters will usually need to provide evidence of their identity, immigration status, address and finances, such as bank statements. They are also expected to attend the bail hearing, although this is not compulsory.

If you are thinking about supporting someone but have concerns about your own immigration status, seek legal advice before agreeing.

You can still apply for immigration bail without a financial condition supporter.

Having a supporter may help your application because it can reassure the Home Office or judge that you will follow your bail conditions. However, a financial condition supporter is not required in every case, and a judge should only impose a financial condition where it is necessary.

You can find more information in the Home Office immigration bail guidance. 

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.    

Following your bail conditions

If you are released on immigration bail, you must follow the conditions you have been given. These might include reporting to the Home Office, living at a particular address, or wearing an electronic tag.

Some people have to report digitally, using a phone or email. This means responding to messages from the Home Office. You may also be asked to share your device’s location when you report.

The Home Office should not require you to report digitally if you cannot use the technology needed.

If you cannot follow a condition, for example because of illness, disability or problems with your phone, contact the Home Office as soon as possible and explain why. Keep a record of what happened.

You can ask for your bail conditions to be changed. For example, if a reporting condition is affecting your health or making it difficult to care for your children. You can seek legal advice about how to make this request.

Breaking your bail conditions can have serious consequences, including being arrested or detained again.

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.