England and Wales · Immigration procedures
When must the Home Office arrange an automatic immigration bail referral?
Schedule 10 paragraph 11 requires the Secretary of State to arrange a reference once the qualifying four-month period has elapsed, subject to its detention, reset and exclusion rules. It does not promise a bail hearing or release on a fixed 120th day.
- Period
- Four calendar months must have elapsed; not a fixed 120-day filing deadline
- Trigger
- Detention start or the latest statutory relevant event under paragraph 11(2) to (5)
- Rule
- Immigration Act 2016, Schedule 10, paragraph 11
Current official primary text and issuing-authority guidance acquired October 8, 2026.
Source guide · No automated date
Check the applicable procedure
A conditional statutory reference duty arises after an elapsed-month threshold. The source does not establish one fixed applicant filing, hearing or release date.
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When must the Home Office arrange an automatic immigration bail referral?
Schedule 10 paragraph 11 requires the Secretary of State to arrange a reference once the qualifying four-month period has elapsed, subject to its detention, reset and exclusion rules. It does not promise a bail hearing or release on a fixed 120th day.
Responsible actor. Secretary of State arranging a qualifying reference to the First-tier Tribunal.
Establish detention under the provisions in paragraph 11(1)(a).
Identify the latest relevant event rather than assuming every referral or refusal resets the period.
Check the written opt-out and statutory exclusions.
Check the paragraph 1 detention category, subsequent Tribunal consideration or withdrawal events, national-security exclusion and written opt-out. A qualifying reference is treated as the person’s bail application.
Immigration Act 2016, Schedule 10, paragraph 11How does this provision count time?
- Assemble detention and bail-event chronology.
- Apply paragraph 11’s definitions to every possible reset.
- Count the actual calendar-month period, not 120 days.
- Identify whether the duty to arrange a reference has arisen.
- Distinguish arranging a reference from fixing a hearing or granting bail.
Paragraph 11 uses four months beginning with the relevant date. Do not approximate months as 30 days. The latest qualifying event is determined by the statute, including specified withdrawals and the removal-consent exception.
This guide does not infer a universal next-working-day referral date. The statute makes elapsed months and eligibility the trigger for the duty rather than fixing a hearing appointment.
Immigration Act 2016, Schedule 10, paragraph 11Which facts prevent one automatic date?
A conditional statutory reference duty arises after an elapsed-month threshold. The source does not establish one fixed applicant filing, hearing or release date.
Establish detention under the provisions in paragraph 11(1)(a). Paragraph 11 uses four months beginning with the relevant date. Do not approximate months as 30 days. The latest qualifying event is determined by the statute, including specified withdrawals and the removal-consent exception. No automated date. A conditional statutory reference duty arises after an elapsed-month threshold. The source does not establish one fixed applicant filing, hearing or release date.
Consideration and specified withdrawals can reset the relevant date. This guide does not infer a universal next-working-day referral date. The statute makes elapsed months and eligibility the trigger for the duty rather than fixing a hearing appointment. Establish the missing event, scope or decision before applying an actual time provision. No invented due date.
Which conditions and exceptions apply?
- Relevant event
- Consideration and specified withdrawals can reset the relevant date.
- No fixed hearing date
- Paragraph 11 does not specify a hearing or grant date four months after detention.
- Check the paragraph 1 detention category, subsequent Tribunal consideration or withdrawal events, national-security exclusion and written opt-out. A qualifying reference is treated as the person’s bail application.
- Check the paragraph 1 detention category, subsequent Tribunal consideration or withdrawal events, national-security exclusion and written opt-out. A qualifying reference is treated as the person’s bail application.
What must the responsible actor complete?
Questions about this procedure
When must the Home Office arrange an automatic immigration bail referral?
Is four months exactly 120 days?
No. Calendar months vary in length. A 120-day approximation can identify the wrong threshold.
Immigration Act 2016, Schedule 10, paragraph 11Does every detention category receive automatic referral?
No. Paragraph 11(1)(a) identifies particular categories. The national-security exclusion and other qualifications also matter.
Immigration Act 2016, Schedule 10, paragraph 11Can an earlier bail consideration reset the period?
Yes, where it is a relevant event under paragraphs 11(2) to (5). The statute includes consideration without a hearing and specified dismissals.
Immigration Act 2016, Schedule 10, paragraph 11Does every application blocked by removal consent reset it?
No. Paragraph 11(5) excludes the specified person-made application where paragraph 3(4) prevents the Tribunal granting bail.
Immigration Act 2016, Schedule 10, paragraph 11Can I opt out of automatic referral?
Paragraph 11(6)(b) addresses written notice that the person does not wish referral, and withdrawal of that notice.
Immigration Act 2016, Schedule 10, paragraph 11Does referral guarantee a hearing or release on that date?
No. The statutory duty is to arrange a reference. Tribunal procedure and the actual bail decision remain separate.
Immigration Act 2016, Schedule 10, paragraph 11Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Immigration Act 2016, Schedule 10, paragraph 11 | Check the identified procedure, event, counting rule or qualification |