The UK and France have ratified a new treaty to help prevent dangerous journeys at sea.
The agreement means that anyone entering the UK on a small boat can be detained immediately on arrival and returned to France by the UK government – with detentions expected to begin within days.
Under the ‘one-in, one-out’ scheme, an equal number of migrants will be eligible to come to the UK through a new route if they have not attempted an illegal crossing before – subject to full documentation, security and eligibility checks.
The EU Commission, Germany and other partners have given the green light on the deal, which is expected to deter illegal migration and prevent criminal smuggling networks operating across Europe.
“This government has been fixing the foundations of the broken asylum system we inherited, and today we send a clear message – if you come here illegally on a small boat, you will face being sent back to France,” said Prime Minister Keir Starmer.
“This is the product of months of grown-up diplomacy delivering real results for British people as we broker deals no government has been able to achieve and strike at the heart of these vile gangs’ business model.
“The days of gimmicks and broken promises are over – we will restore order to our borders with the seriousness and competence the British people deserve.”
What the new treaty includes
Under the new UK-France returns treaty, any adult migrant who crosses the Channel will now be at risk of return under the pilot scheme if their claim for asylum is considered inadmissible.
Immigration Enforcement has set aside space at Immigration Removal Centres, while Border Force has an operational strategy ready to identify and process groups of inadmissible migrants for removal.
Learning the lessons from the lengthy legal challenges affecting the Migration and Economic Development Partnership with Rwanda, the UK government said it is also prepared to robustly defend any legal challenges to removal within the initial trial phase.
The treaty governing the pilot scheme will remain in force until June 2026, and over this period, both countries have committed to continually reviewing and improving the process and effectiveness of this innovative approach, pending decisions on the long-term future of the arrangements after June 2026.
Returns to other countries and immigration enforcement work will continue alongside the treaty.
The French authorities are also increasing their enforcement activity to prevent small boat crossings, disrupt supplies of equipment to the French coast and arrest members of the criminal groups behind the trade.
A new ‘Compagnie de Marche’ of specialist enforcement officers, supported by increased local policing, has been put in place; a specialist intelligence and judicial police unit has been established in Dunkirk to speed up the arrest and prosecution of people-smugglers; and a review of the French maritime approach has been undertaken to allow greater interception of boats in shallow waters.
For migrants in France wanting to come to the UK legally, they will be able to submit an Expression of Interest application for the new legal route online, and the Home Office will make a decision. They will need to satisfactorily establish their identity and nationality and will be subject to strict security and eligibility checks.
Anyone who arrives by small boat and is returned to France will not be eligible for the legal route to the UK, while anyone who tries to re-enter the UK having already been returned to France once will be returned again as a matter of priority.
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