What is the Treaty and When Does It Come Into Effect?

The UK and France announced a new treaty in July 2025 aimed at reducing dangerous small boat crossings across the Channel. The treaty officially came into effect on 6 August 2025 and is now part of UK law.

Under this agreement, the UK will return people who have arrived by small boat to France, while France will transfer an equal number of individuals who have not made the dangerous journey to the UK.

This scheme:

  • Will only cover a small number of people
  • Comes with strict conditions
  • Does not guarantee long-term status or permanent settlement in the UK
  • Is a pilot scheme set to run until 11 June 2026

So far, only the rules have been shared. The government has not released guidance on how it will work in practice. This blog explains what we know based on the published rules. You can also see the free movement article which breaks down the legislation.

From the UK to France: Returning People

How Long the Process Takes

The full return process should take no more than three months from the person’s arrival in the UK. If it takes longer then France does not have to accept them.

Who Can Be Returned?

People may be returned to France under the treaty if they:

  • Crossed the Channel by small boat on or after 6 August 2025
  • Are adults (18+), or children with an adult. This means unaccompanied children would not be eligible.
  • Have no pending asylum or human rights claims, or if their claims have been rejected or ruled “inadmissible”, which means the UK government will not consider them.
  • Have no legal proceedings or court orders stopping their removal
  • Have not been in the UK for more than 14 days before the return request is made
  • Are not seen as a threat to UK public safety or national security

The Return Process:

Step 1 – Arrival and Screening
After arriving by small boat, if people claim asylum, they are given a Screening Interview. The Home Office may consider after this if they should have applied for asylum in France instead. If so, their claim may be marked ‘inadmissible’. Anyone entering the UK on a small boat can be detained immediately on arrival. If the UK wants to remove them to France under this agreement then they will be detained until they are removed (or it is agreed they should not be returned).

What Does “Inadmissible” Mean?

In UK asylum law, a claim is considered inadmissible when the Home Office decides not to process it because the person could have claimed asylum in another country. This doesn’t mean the person’s asylum claim is rejected on its merits (like being untrue or there is no risk), but instead that the UK refuses to even examine the claim, saying it’s not the UK’s responsibility.

Step 2 – Request to France
Once a claim is ruled ‘inadmissible’, the UK can ask France to take the person back. This request must be made within 14 days of their arrival in the UK. If this deadline is missed, France does not have to accept the return.

Step 3 – France Responds
France has up to 28 days to reply. If France does not respond within this period, the request is treated as refused.

Step 4 – Transport
If approved, the person can be sent to France. They may be detained in the UK while transport is arranged. UK officials can escort them to the transfer point but cannot use force once in France.

What Happens in France?

People returned to France will have their situation reviewed by French authorities. This may include an asylum claim process, but exact details are not clearly set out.

From France to the UK: Applying for Transfer

How Does the Scheme Work?

To be considered for transfer to the UK, individuals must submit an Expression of Interest (EOI) form during official “application windows” set by the UK Home Office. Applications sent outside these windows are automatically rejected. The time frame for the application windows have not been decided yet.

Applicants must:

  • Be physically present in France at the time of application (applying from outside France leads to automatic rejection)
  • Be aged 18 or over, unless applying with a parent or guardian

Rules for EOIs

  • EOIs will be rejected if the applicant was previously refused for applying from outside France
  • Changes in family group since a previous application (except birth or death) will invalidate the application
  • Entry clearance (a visa) under the scheme was previously refused
  • People can only have one active application at a time – multiple applications mean only one will be considered
  • If an applicant enters the UK illegally while their EOI is being processed, the application is void
  • All required documents (passport or equivalent ID, recent photo, biometric data) must be submitted – failure to do so voids the application

Who Can Apply?

Applicants must:

  • Be 18 or older, or apply with an adult family member. This means unaccompanied children are not eligible.
  • Not be an EEA national or have free movement rights
  • Upload valid ID and a recent photo
  • Submit the EOI during an open application window
  • Not have been granted asylum or protection by another country (including being recognised as stateless)
    Not have any immigration status in France
  • Not provide information that could lead to refusal under UK immigration rules (such as criminality or deception)
  • Not have previously entered or arrived illegally in the UK

If any of these conditions are not met, the application will be rejected as invalid and not considered.

Family Applications

  • The first applicant must confirm they are applying as part of a family group and list all family members applying with them
  • Other family members must confirm they belong to the same family group, provide the family reference number, and supply evidence of family relationships (e.g., birth or marriage certificates)
  • Failure to follow these steps or prove family ties will result in applications not being accepted
  • If one family member is ineligible or rejected, all linked family applications are refused

There will be a cap on numbers (not yet published). Any EOI’s submitted after the cap has been reached, or which have not been chosen as a possible case for transfer when the cap is reached will be rejected. 

How Applicants Are Selected

There will be a cap on numbers (not yet published). Any EOI’s submitted after the cap has been reached, or which have not been chosen as a possible case for transfer when the cap is reached will be rejected. 

The Home Office will consider the applications in line with a list of priorities: 

• Stage 1: high-grant and high-volume nationalities 

People from countries where most asylum claims are granted, or the most people arrive on small boats

• Stage 2: connection to the UK 

People who have been in the UK lawfully for more than 6 months in the last 5 years

• Stage 3: random selection of Expression of Interest applications

It seems unlikely that the places will not be filled by applicants who meet Stages 1 and 2

It is important to note that for family groups only the main applicant will be considered against this criteria. Where there are 2 adults in the family group, it is important that the person who is chosen as the main applicant meets the criteria.

What Happens After EOI Acceptance?

If accepted, the Home Office will complete an entry clearance application for the person. Further eligibility checks apply:

  • The person must provide biometrics (photograph and fingerprints)
  • The person must provide valid ID 
  •  The person must not have been granted asylum or protection elsewhere since submitting the EOI
  • They must not have gained legal immigration status in France
  • If either condition occurs, the entry clearance will be refused

Even if accepted:

  • Permission to come to the UK is limited to three months
  • During this time, the person cannot work, study, or claim public funds
  • Failure to collect the visa or travel as instructed can lead to withdrawal of permission
  • A travel document will be provided for the journey to the UK

What We Think

The government calls this a “safe route,” but in reality it is flawed and risks pushing people toward more dangerous journeys. The scheme does not properly protect vulnerable groups, especially unaccompanied children. It also excludes anyone without valid ID documents, which many asylum seekers do not have, effectively shutting them out. Families who cannot prove their relationships will also be excluded.

This approach will likely create another backlog of asylum claims and leave many people stuck waiting for long periods. The 14-day deadline for the Home Office to make a decision on asylum and human rights claims is unlikely to be met given current processing times. Even if it is,these decisions are unlikely to be lawful when they are so rushed.  Any increased focus on this group will only happen at the expense of others waiting for their cases to be decided, adding more strain to the system.

The “one-for-one” model treats people like pieces on a chessboard being moved back and forth with little regard for their safety or circumstances. This approach does not address the root causes driving people to risk their lives crossing the Channel.

What is truly needed are safe, accessible, and humane routes that protect vulnerable people, including children, and give them a real chance to seek asylum. Restrictive schemes like this do not solve the problem but push people into even more dangerous situations.

Category: News