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Immigration bail and study

A person may be subject to immigration bail when their immigration status means that they are liable to be detained. This was formerly known as ‘temporary admission’ and may apply, for example, to a person who is a visa overstayer or an appeal rights exhausted (ARE) asylum seeker. A person who is on immigration bail will be issued with a BAIL 201 letter, either on release from immigration detention or whilst they are living in the community. 

Immigration bail may be issued subject to a condition that does not allow the person to undertake study. If this condition applies, it will be stated in their BAIL 201 letter. Home Office guidance on immigration bail specifies when this condition may be applied to a person. The guidance states that the condition will not apply to a child under 18, or to a former unaccompanied asylum seeking child (UASC) who has become appeal rights exhausted (ARE) and is receiving leaving care support from a council. 

Immigration terms

Appeal rights exhausted (ARE)

The status of a person whose asylum or immigration claim has been refused when they have come to the end of the appeal process without success or have no further right of appeal. 

Visa overstayer

A person who had leave to enter or remain in the UK for a limited period and has no current immigration permission because they either did not make an application to extend their leave before their previous leave expired, or made an application that was refused after their previous leave expired.