Introduction

“How do I get out of here?” is the most common question asked of every volunteer visitor.

The primary concern for the majority of people detained is to leave detention, usually by means of release rather than removal. As a visitor it is important for you to know the basics about release from detention so that you can provide appropriate support.

Around one quarter of those people who leave detention are immediately removed from the UK by the Home Office. The majority are released into the community.

Visitors should be aware that release from detention into the community may not be automatic. Release from detention must be granted if a person succeeds in their immigration case, and it may be granted by the Home Office if it becomes apparent that removal is not possible within a reasonable time period. However, as often as not, it is down to those detained or their legal representatives to take the initiative and apply for release. Home Office migration statistics show there is a greater reliance on bail as a means of getting released from detention the longer a person is detained. Language barriers, lack of information, ill health, and a sense of hopelessness, can all prevent people detained knowing about, understanding, and pursuing their right to apply for release on bail or challenging the legality of their detention.

This chapter sets out the ways people may get released from detention, other than removal (which is set out in Removal, Return, and Deportation) or being successful in their substantive case. Anyone who the Home Office wants to deport because of their offending history is likely to find it much harder to get released from detention.

As set out in Legal Advice and Representation, visitors who are not regulated to do so should not give immigration advice as this is a criminal offence and incorrect advice can have serious repercussions for the person involved. This includes advising on bail applications. The information in this chapter is so that visitors can inform people they are visiting of the options available to them so that they can apply for bail themselves, ask their lawyer the right questions, and so visitors can prepare people on what to expect or advocate on someone's behalf (with their permission) to their legal representative.

Bail for Immigration Detainees (BID) is referenced throughout this chapter and is a vital organisation which provides legal advice to people in detention on how they can get released from detention.

Life in the community after getting released from detention can be difficult for people. During the pandemic, when people detained were released in large numbers, a number of visitor groups in the AVID network responded by establishing post-detention support. Even for those groups and visitors who do not offer post-detention support, effective signposting and some help managing this transition is important to ensure individuals are not left isolated or stranded. This chapter also contains signposting information for people who have left detention.