Assisted Voluntary Returns Schemes

What is a voluntary return scheme?

The Home Office introduced AVR (Assisted Voluntary Return) programmes in 1999.

These schemes typically provide those who sign up with a flight out of the UK, a cash payment, reintegration assistance on arrival in return for the commitment to no longer pursue any outstanding appeals or asylum claims, and a temporary ban on re-entry to the UK. The ‘voluntary’ in voluntary returns relates to an element of choice in the method of departure rather than whether or not a person wants to leave the UK. Home Office Immigration Enforcement manage both voluntary and enforced returns, but it has been pointed out that “when forced and voluntary returns are pursued in combination, the notion of voluntariness becomes compromised”. [1]

How voluntary is voluntary return?

An increase in voluntary returns was an explicit intention of the Home Office “hostile environment policies” introduced by Theresa May. These policies are designed to make it so difficult for people without a regular status to live in the UK that they will be forced to return “voluntarily”.

People are encouraged to engage with voluntary departure schemes in a way that leaves them limited choice. For example, Home Office Family Engagement Managers are required to meet with parents and children who no longer have any right to remain in the UK and are liable to be removed, to explain their options for leaving the UK. Home Office guidance suggests that FEMs: “Explain that if they deliberately fail to depart voluntarily it will be considered as non compliance. If the family show a clear intention that they are unwilling to depart voluntarily, inform them it will be recorded as non compliance.” [2]

People in detention are not eligible for the Assisted Return package [3], after ministers expressed concern that people with no leave to enter or remain in the UK were being ‘paid’ to go home. However, they may be eligible if they are released from detention provided they do not meet one of the other factors which exclude people from these packages, including having been given a custodial sentence of 12 months or more.

The Home Office no longer funds independent advice to people considering an assisted voluntary return package. Anyone you visit or are in contact with who is considering an application for a voluntary return scheme should be encouraged to get independent immigration advice from a qualified solicitor or Level 3 IAA advisor if they have not already done so. This is because being accepted onto a return scheme will require withdrawal from all of the following: ongoing representations to remain in the UK, asylum applications and appeals, and judicial reviews, and will make lawful re-entry to the UK impossible for a period of time.

You can also signpost to other organisations who may be able to support with general advice for example British Red Cross, Praxis or Hibiscus (for women).

Facilitated Returns Scheme

“Foreign national prisoners” who are eligible can sign up for a Home Office return package designed to encourage people to leave the UK at the earliest opportunity, and reduce the cost to the public purse of their ongoing imprisonment and detention.

Facilitated Returns Scheme (FRS) is a voluntary returns scheme for “foreign national prisoners” (FNPs). Although nominally voluntary, those agreeing to return voluntarily under FRS have little prospect of returning.

With some exceptions, FRS is available to all “foreign national offenders” who are serving or who have served a determinate custodial sentence. FRS is not an alternative to deportation. Anyone who leaves the UK via FRS is still subject to enforcement decisions, and the consequences of those, including re-entry bans. People who sign up to FRS while still serving their custodial sentence will receive £1500 and those who apply for FRS when they are time-served will receive £750. Resettlement grants are expected to be used to fund “meaningful reintegration activity” such as setting up a business.

Table: Categories of prisoner covered by Facilitated Returns Scheme

People covered by FRS	People not covered by FRS
Foreign nationals from both EEA and non-EEA countries	Already subject to Removal Directions, or in the process of having them set or reset.
Convicted of a crime and given a determinate custodial sentence. Where a sentence exceeds 8 years or where the crime is particularly serious, higher approval is needed.	Was given an indeterminate custodial sentence.
Serving prisoners and time-served	Has entered the UK in breach of a deportation order.
Children held in youth offender institutes (under the age of 18), subject to certain conditions relating to their welfare on return.	Outstanding claim to remain in the UK, including an asylum claim. Any such claim must be withdrawn before someone can be considered for FRS.
Subject to the Early Removal Scheme (ERS) for prisoners	Unable to leave voluntarily (e.g. subject to extradition).
Mentally disordered offenders (where appropriate arrangements for their care and reception are available and have been made).	Subject to a Prison Transfer Arrangement
	Previously withdrawn from FRS application or has been given financial support under the FRS or VRS before.

NB: Some exceptions apply, and this is not an exhaustive list.

The Home Office says that “an FRS application will normally be rejected if previous behaviour of the applicant shows they are unlikely to make a compliant departure, or they are likely to breach the terms of the scheme.” [4] There are a number of factors which may prevent someone leaving the UK via FRS, including an outstanding offence that is being prosecuted, or being subject to a confiscation order.

If someone meets the criteria above and wants to leave the UK via FRS they can:

• Contact the Home Office Criminal Casework FRS team directly on 0208 760 8513

• Tell a prison officer or a Home Office Immigration Enforcement officer at the prison

The Early Removal Scheme

The Early Removal Scheme (‘ERS’) allows for the removal or deportation of “foreign national offenders” earlier than when they might normally be eligible for release after serving a part of their custodial sentence.

Section 47 of the Nationality and Borders Act 2022 (‘NABA 2022’) amended section 260 of the Criminal Justice Act 2003 so that people serving a custodial sentence without British Citizenship can be removed 12 months prior to when they would normally be released (this used to be 9 months). However, the ERS window is proportionately shorter when an individual receives a sentence of less than four years. This is because, by law, at least one half of the custodial period of the sentence should be served before an individual can be removed. So, where an individual receives a custodial sentence of three years, the custodial part of the sentence will be 1.5 years of which they would need to serve half before being eligible for early removal. The prison will be responsible for calculating the ERS eligibility date and notifying immigration enforcement. The Foreign National Offender Returns Command (FNORC) department of the Home Office will then decide on when the individual can be removed or deported and will notify the prison accordingly.

Section 47 of NABA 2022 also enables “foreign nationals” recalled to prison to be eligible for the ERS after the eligibility date has passed. Section 47 further introduces a “stop the clock” provision which means that - should someone return to the UK after being released under the ERS, they would be returned to prison to serve the remainder of the custodial part of their sentence.

Details of the relevant parts of the legislation governing ERS are available at annex H of the Prison Service instruction (PSI) 4/2013. The Home Office also has published guidance on the ERS [5]. The Guidance explains that certain “foreign nationals” are not eligible for the ERS such as those who are serving indeterminate sentences and those serving sentences for terrorism offences and subject to certain release provisions. It also states reasons why early release might be refused. For example, if there are serious concerns for public safety or there is evidence of intentions to commit further crimes - where a crime includes plans to come back to the UK without permission.

Should an individual wish to find out more about their eligibility for the ERS and their ERS date, they should be advised to find out more information from prison administrative staff.

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1. Koch, A, (2013), ‘Assisted voluntary return schemes’, Forced Migration Review issue 44
2. Home Office, (2016), Family returns process (FRP). Guidance and operational process for removing families with children under 18 years who no longer have any right to remain in the UK and are liable to be removed. p. 13. Available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/564954/Family-returns-processv2.0.pdf
3. Gov.uk pages ‘Return home if you're in the UK illegally or have claimed asylum’. Available at https://www.gov.uk/return-home-voluntarily/who-can-get-help
4. Home Office, (2024), The Facilitated Return Scheme (FRS). version 13.

   https://www.gov.uk/government/publications/the-facilitated-return-scheme-frs

5. The Early Removal Scheme (Version 9.0) (9 December 2022) available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1123959/The_Early_Removal_Scheme__ERS_.pdf.