Early removal schemes
The Early Removal Scheme (ERS) and the Facilitated Return Scheme (FRS) enable foreign national prisoners to be sent back to their country of origin up to 270 days before their release date.
The ERS eligibility date (ERSED) is the earliest possible date that you can be sent back on either scheme.
The Early Removal Scheme (ERS)
Details of all foreign national prisoners are forwarded to the UK Border Agency by the Prison Service on reception into the prison system. They then decide on the appropriate enforcement action, if any, to be taken; if they confirm that they intend to remove a prisoner from the UK, the decision to authorise early removal then rests with individual prisons.
The Early Removal Scheme applies only to foreign national prisoners who are serving determinate, or fixed-term, sentences. Those serving an indeterminate sentence for public protection (IPP) or a life sentence cannot be removed under ERS.
There is no opting out of the Early Removal Scheme, but there may be reasons why you cannot go under it. For instance, if you have outstanding applications or appeals with the UK Border Agency, or outstanding criminal cases, then you will not be included in the scheme. Additionally, if a confiscation order has been made against you, and this hasn't been settled, you will not be able to go under ERS.
If you are subject to parole, you will not be able to go under ERS until after parole has been granted.
The Facilitated Return Scheme (FRS)
The Facilitated Return Scheme (FRS) is a separate scheme to ERS, but it works alongside it. FRS is a voluntary scheme, and only non-EEA foreign nationals can apply for it. You can apply for it from within your prison or by ringing the FRS Team on 0208 760 8513.
If you are accepted onto FRS, you will be given financial support to help you resettle in your country of origin, on the condition that you co-operate with removal action and waive your right to appeal against deportation.
If you apply for FRS while you are still serving your sentence, you can receive a maximum of £1500. If you apply for FRS after you have finished your custodial sentence, you can receive a maximum of £750.
Anyone accepted onto FRS should be aware that they will be deported from the UK.
How can I make sure that I am sent back on ERS or FRS?
There is no automatic right to ERS or FRS. Additionally, if you do go under either of these schemes, there is no guarantee of removal on the ERS eligibility date. If you want to go under these schemes, and if you want to go close to your ERS date, then your chances are increased if a passport or some sort of evidence of identity and nationality are available. You must also make sure that any outstanding immigration cases are finished.
Each prison will have someone in Custody, Discipline or the OMU (Offender Management Unit) who deals with ERS and FRS paperwork. This person should be able to give you an update on your case.
What happens if I am not sent back on ERS or FRS?
You must wait until your release date, at which point the ordinary immigration processes will come into play. If you are not subject to immigration enforcement action, you will be released in the normal way. If there is an Immigration Act hold on you then you will remain detained until removal takes place, until you are released on bail or temporary admission, or until your case is resolved.
What happens if I return to the UK after being sent back on ERS or FRS?
If you return during your licence period, then you will be sent back to prison to continue the remainder of your sentence. After this has been served, the UK Border Agency will administratively remove you.
If you have been given a deportation order, you cannot legally return to the UK while the order is still in force, even if your licence period has expired. If you want to return to the UK, you will need to apply for the order to be revoked, before then going through the normal immigration processes.
The ERS eligibility date (ERSED) is the earliest possible date that you can be sent back on either scheme.
The Early Removal Scheme (ERS)
Details of all foreign national prisoners are forwarded to the UK Border Agency by the Prison Service on reception into the prison system. They then decide on the appropriate enforcement action, if any, to be taken; if they confirm that they intend to remove a prisoner from the UK, the decision to authorise early removal then rests with individual prisons.
The Early Removal Scheme applies only to foreign national prisoners who are serving determinate, or fixed-term, sentences. Those serving an indeterminate sentence for public protection (IPP) or a life sentence cannot be removed under ERS.
There is no opting out of the Early Removal Scheme, but there may be reasons why you cannot go under it. For instance, if you have outstanding applications or appeals with the UK Border Agency, or outstanding criminal cases, then you will not be included in the scheme. Additionally, if a confiscation order has been made against you, and this hasn't been settled, you will not be able to go under ERS.
If you are subject to parole, you will not be able to go under ERS until after parole has been granted.
The Facilitated Return Scheme (FRS)
The Facilitated Return Scheme (FRS) is a separate scheme to ERS, but it works alongside it. FRS is a voluntary scheme, and only non-EEA foreign nationals can apply for it. You can apply for it from within your prison or by ringing the FRS Team on 0208 760 8513.
If you are accepted onto FRS, you will be given financial support to help you resettle in your country of origin, on the condition that you co-operate with removal action and waive your right to appeal against deportation.
If you apply for FRS while you are still serving your sentence, you can receive a maximum of £1500. If you apply for FRS after you have finished your custodial sentence, you can receive a maximum of £750.
Anyone accepted onto FRS should be aware that they will be deported from the UK.
How can I make sure that I am sent back on ERS or FRS?
There is no automatic right to ERS or FRS. Additionally, if you do go under either of these schemes, there is no guarantee of removal on the ERS eligibility date. If you want to go under these schemes, and if you want to go close to your ERS date, then your chances are increased if a passport or some sort of evidence of identity and nationality are available. You must also make sure that any outstanding immigration cases are finished.
Each prison will have someone in Custody, Discipline or the OMU (Offender Management Unit) who deals with ERS and FRS paperwork. This person should be able to give you an update on your case.
What happens if I am not sent back on ERS or FRS?
You must wait until your release date, at which point the ordinary immigration processes will come into play. If you are not subject to immigration enforcement action, you will be released in the normal way. If there is an Immigration Act hold on you then you will remain detained until removal takes place, until you are released on bail or temporary admission, or until your case is resolved.
What happens if I return to the UK after being sent back on ERS or FRS?
If you return during your licence period, then you will be sent back to prison to continue the remainder of your sentence. After this has been served, the UK Border Agency will administratively remove you.
If you have been given a deportation order, you cannot legally return to the UK while the order is still in force, even if your licence period has expired. If you want to return to the UK, you will need to apply for the order to be revoked, before then going through the normal immigration processes.
|
Registered charity 1060145. A company registered in London 03289045 and limited by guarantee. |
|
|
