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Someone has been detained by UK Immigration — what happens now?

If someone close to you has been detained by UK Immigration Enforcement, held at a port of entry or taken to an Immigration Removal Centre, specialist representation can begin the same day. Under the Hardial Singh principles the Home Office may only detain for the period reasonably necessary for a lawful purpose, and must act with reasonable expedition; where that threshold is not met, detention can be challenged. A bail application to the First-tier Tribunal (Immigration and Asylum Chamber) can also be prepared urgently. In the hours after detention the right next steps are to confirm where the person is held, secure legal visits, serve any representations the Home Office needs to see before removal directions are set, and preserve rights of appeal. A specialist immigration solicitor can act on all of this from the first call.

Reviewed by Imran Shah — immigration & litigation solicitor.

SRA #509359 · Admitted 2012 · Verify on SRA register

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What to do in the next hour

Before anything else

Find out where they are held

The Home Office must notify the person detained — families can call the IRC directly. Note the date and time of detention, and any removal time already set.

Do not sign a voluntary return form

'Voluntary return' can trigger a re-entry ban and foreclose other routes. Specialist advice should come first — this does not have to be decided today.

Call us before anything else

The call is free. We will tell you honestly whether we can represent you, or whether a Legal Aid provider is a better fit for the particular case.

Legal framework

The law we rely on

Hardial Singh principles

The Secretary of State may only detain for the period reasonably necessary to achieve a lawful purpose, must act with reasonable expedition, and must not detain if removal cannot be effected within a reasonable period. Breach of any of these makes continued detention unlawful.

Immigration bail — Schedule 10, Immigration Act 2016

Bail is applied for to the First-tier Tribunal (Immigration and Asylum Chamber). A clear address, a financial condition and, where available, a credible surety strengthen the application. A specialist solicitor prepares the summary and attends the hearing.

Judicial review of detention

Where continued detention is unlawful on the Hardial Singh test, a claim can be brought in the Administrative Court. In urgent cases, an interim remedy including an injunction against removal can be sought.

Common questions

FAQ

Someone I know has just been detained — what should I do in the next hour?

Confirm where they are held — the Home Office must tell them, and families can call the IRC directly. Note any removal time already set. Call a specialist immigration solicitor so representations can be served and, where appropriate, a bail application prepared urgently. Avoid signing anything described as 'voluntary return' before advice.

How does immigration bail work?

Bail is applied for to the First-tier Tribunal (Immigration and Asylum Chamber). The tribunal considers the reason for detention, the strength of the person's immigration case, risk of absconding and public interest. A clear address, a financial condition and, where available, a surety strengthen the application. A specialist solicitor prepares the bail summary and attends the hearing.

Can detention itself be challenged?

Yes — under the Hardial Singh principles, immigration detention is only lawful for the period reasonably necessary to achieve a lawful purpose, and the Home Office must act with reasonable expedition. Where detention becomes unlawful, a judicial review can be brought in the Administrative Court. Whether this route is appropriate depends on the specific facts.

What does Abrahams Solicitors cost for an urgent detention case?

The initial call is free. Fees are discussed in writing before any work is agreed. We will tell you honestly whether Legal Aid is likely to be available for the case (contrary to common belief, Legal Aid remains in scope for immigration detention and challenges to it) and signpost you to a Legal Aid provider if that is the right route. Abrahams Solicitors is regulated by the SRA, firm #809071.

If this isn't the right page

Sibling emergency immigration pages

My visa has run out

Overstayed or about to overstay — section 3C, paragraph 39E, Article 8 routes.

I've got a letter saying I have to leave

Removal directions, refusal, deadline looming — challenge or representation.

Day & night

A specialist solicitor, on the phone, within the hour.

The hours after detention are the ones where representation matters most. Do not wait.

0203 355 9823

Abrahams Solicitors · SRA #809071 · https://www.abrahamssolicitors.co.uk/immigration-detention/