12-page CP 1373 adds new Appendix UK/European Applicant Transfer Scheme
Following on from our earlier article today on the UK–France asylum return agreement, the Home Office has published a brief new statement of changes to the Immigration Rules. Its sole purpose is to introduce the new 'Appendix UK/European Applicant Transfer Scheme' to the Rules, now that the agreement with France has been ratified.
You can access all materials regarding the statement of changes (CP 1373) on GOV.UK here. You can download the main 12-page statement here. The accompanying explanatory memorandum can be downloaded here.
Home Secretary Yvette Cooper told Sky News that the new rules will come into force tomorrow. She added: "The first step will be to be detaining people, because people will be detained until they are removed to France, and we expect those detentions to start in a matter of days."
The explanatory memorandum states:
5.1 One of the Government's top priorities is to increase border security and dismantle Organised Crime Groups who facilitate dangerous small boat journeys across the Channel. To this end, the UK has signed a Treaty with the French Republic which provides for both readmission of those people crossing the channel to the UK in small boats back to France and a safe reciprocal mechanism for individuals in France with appropriate documentation to be transferred to the UK.
5.2 This is a temporary pilot which seeks to test innovative approaches to undermine the Organised Crime Group model that facilitates the irregular movements of migrants across Europe to the UK and to secure Europe's external border. The pilot seeks to prevent small boat crossings and save lives of vulnerable migrants.
5.3 As part of this pilot, the UK is establishing the UK/European Applicant Transfer Scheme. Through this Scheme the Secretary of State will transfer a limited number of people from France to the UK. The total number of people to be transferred to the UK will match the number of people who are removed from the UK under the pilot arrangement.
5.4 Appendix UK/European Applicant Transfer Scheme is being added to the Rules. It sets out: who is eligible for this Scheme, how they must apply for it, and the requirements they must meet before their application may be granted. The Rules also set out the circumstances under which permission may be cancelled.
5.5 The Scheme will open for a time-limited application window and is restricted to those in France at the time. The Scheme allows for adults and family groups of parents and children from all nationalities (bar a national of an EEA Member State or to those who enjoy free movement rights as a family member of an EEA national) to express an interest in coming to the UK. Those whose application is approved and who meet security checks will be able to come to the UK for 3 months to consider how to regularise their stay in the UK.
5.6 The UK and France will jointly monitor the effectiveness of this pilot and adapt the processes in response throughout the duration to respond to changes in migrant behaviour and to test effectiveness.
The statement of changes itself further explains:
Under the UK/European Applicant Transfer Scheme ('Scheme'), the Secretary of State will transfer a limited number of people from France to the UK. The total number of people transferred to the UK will correlate with the number of people who are removed from the UK under the pilot arrangement on the prevention of dangerous journeys.
Applicants to the UK/European Applicant Transfer Scheme must be aged 18 or over at the time they submit their application, unless they are applying with a family member who is over the age of 18.
There is a two-stage application process under the Scheme. An applicant must first submit an Expression of Interest application.
The Scheme operates application windows for Expression of Interest applications to be submitted. The Secretary of State for the Home Department will determine any application window. Expression of Interest applications submitted outside an application window will be rejected.
Expression of Interest applications that are made from outside France will not be considered. For Expressions of Interest applications made from within France, the Home Office will decide which Expression of Interest applications will proceed to Entry Clearance, in line with prioritisation criteria set out in guidance for the Scheme. Any outstanding Expression of Interest applications at the time the pilot closes will be rejected.
When an Expression of Interest application is selected, the Home Office will complete an application for entry clearance on behalf of the applicant. Entry clearance applications will be considered against the requirements set out in these Rules.
The Secretary of State may, at their discretion, pause consideration of applications under the scheme to assess whether the volume required to match returns has been met, and will close the scheme when the volume required has been reached. This Scheme cannot be used to apply for leave outside the Rules.