UK-France treaty targeting illegal crossings comes into force

The latest step towards dismantling the criminal trade in small boat crossings was taken today by the ratification of a treaty between the UK and France 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 and security and eligibility checks.

Today's ratification follows Prime Minister Keir Starmer and French President Emmanuel Macron's announcement of the landmark pilot scheme just under 4 weeks ago. Home Secretary Yvette Cooper and French Interior Minister Bruno Retailleau signed the final text last week. The EU Commission, Germany and other partners have given the green light on this innovative approach to deter illegal migration and prevent criminal smuggling networks operating across Europe. 

Prime Minister Keir Starmer said:

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.

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.

Home Secretary Yvette Cooper said:

For the first time, under this groundbreaking new treaty, people who undertake illegal, dangerous journeys to the UK – putting lives at risk and fuelling organised crime – can be returned to France. In return, we will take people who apply legally with appropriate documentation to be transferred to the UK, subject to clear eligibility criteria and stringent security checks.

This is an important step towards undermining the business model of the organised crime gangs that are behind these crossings – undermining their claims that those who travel to the UK illegally can't be returned to France. Now, as part of our Plan for Change, they can be.

It is also right to make clear that – while the UK will always be ready to play its part alongside other countries in helping those fleeing persecution and conflict – this must be done in a controlled and managed legal way, not through dangerous, illegal and uncontrolled routes. 

We will develop the pilot step by step and will trial different approaches as part of it, and alongside this scheme, we will continue to take action at every level to dismantle the criminal enterprise behind this vile trade, boosted by the £100 million in new investment announced this week to support increased enforcement against the gangs.

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 have set aside space at Immigration Removal Centres, while Border Force have 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 is also prepared to robustly defend any legal challenges to removal within the initial trial phase, as we look to ramp up both the pace and scale of returns over the course of the pilot scheme.

The treaty governing the pilot scheme will remain in force until June 2026, and over this period both countries have committed to continually review and improve 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. In its first year in office, this government returned more than 35,000 people with no right to be in the UK – a 28% increase in returns of failed asylum seekers and a 13% increase in overall returns compared to the previous year. The government also ramped up activity against illegal working, with over 9,000 raids since July 2024, resulting in 6,410 arrests – up 48% and 51% on the previous year. 

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.