The UK and France have ratified a new treaty (the UK/European Applicant Transfer Scheme) to establish a pilot scheme aimed at stopping small boat crossings. Under the agreement, adult migrants who arrive in the UK illegally by small boat can be detained and returned to France. In a "one-in, one-out" system, an equal number of migrants who have not attempted an illegal crossing may be eligible to enter the UK through a new legal route. This new scheme aims to avoid the lengthy legal challenges affecting the Migration and Economic Development Partnership with Rwanda.
This initiative, announced by Prime Minister Keir Starmer and French President Emmanuel Macron, is intended to disrupt criminal smuggling networks and deter dangerous sea journeys. The UK government has allocated £100m for enforcement, with teams tasked to identify and process those destined for removal. The treaty will be in effect until June 2026 and will be reviewed throughout its pilot phase.
Returns to other countries and immigration enforcement work will continue alongside the treaty. France is increasing its enforcement activity with a new "Compagnie de Marche" of specialist officers, a new intelligence unit in Dunkirk to speed up arrests, and a review of maritime strategy for the more effective interception of boats.
This treaty is now formally underpinned by a specific legal instrument: The Statement of Changes to the Immigration Rules: CP 1373. This document introduces a new section, Appendix UK/European Applicant Transfer Scheme (EATS), which sets out the exact legal criteria for the scheme. The new rules came into effect on 4 August 2025, on the same day that the treaty was ratified. This was done by bypassing the standard 21-day notice period, with the government citing "operational security requirements" as the reason for the immediate implementation.
The new text clarifies the process for the "one-in, one-out" scheme's legal route in APP UEATS1. For this route to be successful, the applicant 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, and cannot be a
European Economic Area (EEA) national, UEATS 2.3. Applicants who have been granted international protection in another country, including officially being recognised as stateless, cannot apply, UEATS 2.3 e). Similarly, the application will not be successful if the applicant has immigration permission in France, 2.3 f).
The application is a two-stage application process, starting with an Expression of Interest (EoI) application, which must be submitted according to a window that will be determined at a later stage, UEATS 2.3 d). EoI applications must be made from within France, per UEATS 2.2. Any application made outside will not be considered, UEATS 1.1. The Home Office will not process all applications. Instead, it will use prioritisation criteria to decide which EoI applications will proceed to the next stage. The Home Office has the authority to pause or close the scheme once the number of successful legal entries matches the number of migrants returned to France. Any outstanding applications at that time will be rejected. Part 9 details the grounds for refusal, which have not been amended.
