Policy paper

Nationality and Borders Bill: Speeding up removal of foreign criminals factsheet

Updated 13 October 2023

What is the problem?

Under the current broken system those facing removal or deportation from the UK can sometimes raise numerous and repeated barriers delaying their departure from the UK.

What does the Nationality and Borders Bill do to speed up the removal or deportation of foreign criminals?

The Bill will:

• confirm that the UK may remove people including criminals to a safe third country

• introduce expedited processes (including in detention) to allow rapid removal of those with no right to be here, this will include provisions to accelerate some appeal timescales

• introduce a power to impose visa penalties on countries that do not cooperate on the removal of its nationals who do not have a right to be in the UK

• ensure that compliance with the asylum or removal process without good reason must be considered in deciding whether to grant immigration bail

• increase the length of the window in which Foreign National Offenders can be removed from prison under the Early Removal Scheme for the purposes of removal from the UK

• place in statute a single, standardised minimum notice period for migrants to access justice prior to enforced removal, and confirm in statute that a new notice period does not need to be re-issued following a previous failed removal, for example where the person has physically disrupted their removal.

What are you doing more broadly to speed up the removal of foreign criminals?

• We deal with significant and complex challenges when seeking to return those who have no right to be in the UK to their country of origin or lawful place of return. These challenges can include securing travel documentation, responding to late applications, late appeals and broader non-compliance with a lawful returns process. The government is doing everything possible to reduce legal challenges and to increase the numbers of foreign national offenders (FNOs) being removed.

• Despite the barriers we face, we remain resolute in our commitment to deport FNOs and make our communities safer.

• We pursue deportation action against these criminals rigorously, actively monitoring and managing cases through the legal process and negotiating barriers to removal.

• This government puts the rights of the British public before those of criminals, and we are clear that foreign criminals should be deported from the UK wherever it is legal and practical to do so.