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Schedule 10 immigration bail support

The Home Office can provide accommodation and financial support to a person who is subject to immigration bail (which has replaced ‘temporary admission’) under Schedule 10 of the Immigration Act 2016. This may apply to a person on release from immigration detention or whilst a person is living in the community.

A person will be subject to immigration bail if they do not have any current immigration permission and are required to report to an immigration reporting centre as an alternative to being detained. A person who is subject to immigration bail will be issued with a BAIL 201 form, which will list the conditions they must comply with.

Schedule 10 support could be an option for a person who has not made an asylum claim, for example, a visa overstayer.

The person must need to be able to show that they meet all of the following requirements:

  • They are on immigration bail.
  • They have a bail condition requiring them to live at a specified address and need accommodation to be able to comply with this.
  • There are exceptional circumstances why support is needed, which are limited to three grounds:
    • A grant of bail by the Special Immigration Appeals Commission (SIAC) that includes a residence condition.
    • The person (if an offender) being assessed as being at high risk of causing harm
    • When accommodation is necessary to avoid the person suffering a breach of human rights (inhuman or degrading treatment) due to their situation of destitution

An application for schedule 10 support on human rights grounds needs to be made on form BAIL 409, which is available on GOV.UK, and can be submitted through Migrant Help.

For more information see the Home Office guidance on immigration bail and also the Asylum Support Appeals Project (ASAP)'s factsheet on support for people on immigration bail.

In July 2020, the Schedule 10 support regime was the subject of a successful legal challenge in the case of Humnyntskyi & Ors v Secretary of State for the Home Department [2020] EWHC 1912 (Admin). The Court found that the support regime is systematically unfair and that the Home Office guidance on exceptional circumstances is too restrictive. To date, no changes have been made to the Home Office guidance following this judgement. 

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. 

Asylum seeker

A person who has made a claim to the UK government for protection (asylum) under the United Nations Refugee Convention 1951 and is waiting for a decision from the Home Office or final decision from the appeal courts (following a refusal).

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.