The immigration bail provisions are retrospective – they cover both people who have just arrived in the UK and anyone who is already in the UK but does not have leave to enter or remain.
The Home Office has the power to arrest and detain someone who breaches an ‘immigration bail’ condition or who they reasonably believe will breach a condition.
Someone arriving in the UK in this situation will receive ‘immigration bail’. They will be informed of this through letter called BAIL 201. This letter will contain information about why this person has been granted ‘immigration bail’ (e.g. asylum seeker). It will also have information about the conditions of your bail – things that the Home Office require you, or require you not, to do.
Immigration bail must contain ‘conditions’ – limitations on a person’s life. These can include asking someone to live at a certain address or report to the Home Office on a regular basis. It will also normally be a condition that a person is not allowed to work (though in some cases permission to work could be granted). A person may now also receive a condition allowing or preventing study. Please see the section on ‘no study’ conditions for more information.
The Home Office has the power to amend, remove or add conditions at any time, and should inform the bail recipient if they make changes to their bail conditions.
Someone will only have their immigration bail ended if:
- the individual can no longer be detained,
- the individual is granted leave to enter or remain in the UK,
- the person is detained or
- the person is removed from or otherwise leaves the UK
Home Office guidance has now been updated. Study is defined for the purposes of immigration bail as ‘primary and secondary school for children and young adults up to and including the age of 18, and courses which may lead to a qualification for adults, including English for Speakers of Other Languages (ESOL) courses.’
For children, the guidance says that a child can lawfully access education until the age of 18. Children, including those who turn 18 in their final school year, should therefore be permitted to study.
Whether a study condition will apply to young people over the age of 18 will depend on their situation.
For asylum seekers, the guidance states that a study condition should not be imposed.
For former unaccompanied asylum seeking children (UASC) who are care leavers, or other care leavers, the guidance states that a study should be permitted until they are appeal rights exhausted. However, if they continue to receive leaving care support they should not be given a ‘no study’ condition.
For undocumented young people (defined as an ‘adult immigration offender’ in the guidance), a no study condition will normally be imposed.
It is still crucial that a person check their BAIL 201 letter to check if they have permission to study or not. If there is a ‘no study’ condition on the letter, they will need urgent advice.
If a child or young person is studying and receives a condition of ‘no study’ as part of their ‘immigration bail’, they need to get urgent legal advice. This will include advice on varying/changing the condition and potentially urgently challenging the condition if necessary. If a person already has a solicitor they should raise this issue with them as soon as possible. Otherwise, see our fact sheet on finding legal representation.
The Home Office has the power to both vary and change the conditions of ‘immigration bail’, including a ‘no study’ condition. They must consider a request to remove a ‘no study’ condition and change where it is appropriate. They must tell the person when they agree with the request (with a new BAIL 201 letter) and when they refuse to allow permission to study. If they refuse the person will receive a BAIL 206 letter.
If a person receives a refusal, they may be able to challenge this further – this should be discussed with a legal adviser.
