The Early Removal Scheme

The Early Removal Scheme (‘ERS’) allows for the deportation or removal of people serving a custodial sentence without British citizenship status (so called “foreign national offenders”) earlier than when they might normally be eligible for release. (You can read more about the framing of "foreign national offenders" and why this is problematic in Immigration detention in the prison estate .)

In September 2025, the timescales for early removal were extended so that people are eligible for early removal upon serving 30% of their custodial sentence (previously 50%) up to a maximum of 4 years early (previously 18 months). This means that the pre-removal custodial period is now the later date of (a) 30% of the custodial sentence or (b) 4 years before the end of the sentence (amending section 260 of the Criminal Justice Act 2003). For example, where an individual receives a sentence of four years, the custodial part of the sentence will be 2 years of which they would need to serve 30% (7.2 months) before being eligible for early removal.

This is the latest in a series of changes to the time period for early release and takes place alongside wider changes introduced by the government to expel people with a custodial sentence who do not have British citizenship as quickly as possible.

The most recent changes were:

• 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 could be removed 12 months before the earliest release point of their sentence.

• On 16th January 2024, this was extended to a period of 18 months before the earliest release point.

The prison is 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 people 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 some groups 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.

Visitors an hold a practical role to help people understand their rights and options and signpost them to legal and immigration advice. It can sometimes be the case that people in prisons are unaware of these timeframes, their entitlements, or even that they are now being detained in the prison under immigration powers rather than a custodial sentence. Visiting can therefore play a critical and clarifying role. Read more in What can visitors do?

Future Watch

The government has since announced they plan to go even further and introduce legislation so that people can face immediate deportation after sentencing.

---

1. 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.