Guidance

Release on temporary licence and transfer to open conditions (category D) - accessible

Updated 21 August 2025

Version 11.0

About this guidance

This guidance tells Foreign National Offender Returns Command (FNO RC) staff about the Ministry of Justice policies on releasing foreign national offenders (FNOs) from prison on temporary licence and transferring them to an open prison.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the FNO Returns Command Guidance Team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Review, Atlas and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 11.0

• published for Home Office staff on 15 August 2025

Changes from last version of this guidance

Updated to align with recent changes to the Ministry of Justice policy framework.

Policy overview

This page tells Foreign National Offender Returns Command (FNO RC) staff about the Ministry of Justice policy framework regarding considering FNOs still serving a custodial sentence for release on temporary licence (ROTL) or transferral to an open (‘Category D’) prison.

The Ministry of Justice has issued a policy framework regarding the release on temporary licence for FNOs who are serving custodial sentences. These offenders can be considered for release on temporary licence or transfer to open conditions (Category D) under specified criteria.

The policy has been amended to include stricter guidelines and under this framework, prisoners in closed conditions who have a deportation order and have exhausted all appeal rights in the UK or must exercise their rights from abroad are prohibited from being:

• classified as suitable for open conditions

• granted ROTL

For those prisoners in closed conditions who are liable for deportation or removal proceedings but do not meet the criteria mentioned above, a more rigorous risk assessment is required before they can be considered for open conditions or ROTL. Moreover, ROTL or open conditions can only be deemed appropriate when it is evident that the risk is very low.

Prisoners who are already in open conditions are not subject to the bar on allocation to open conditions or being given ROTL. However, any change in their deportation status while in open conditions necessitates a reassessment of their suitability to remain in open conditions or receive ROTL.

This policy is part of a broader effort to ensure that ROTL is applied consistently and fairly while prioritising public safety and the successful resettlement of prisoners into the community. The policy also includes specific procedures for the consideration and monitoring of ROTL applications, ensuring that all relevant factors are taken into account, and that any potential risks are appropriately managed.

Previously, foreign national offenders (FNOs) serving a custodial sentence could be considered for ROTL or for reclassification to category D status on an individual basis, taking the circumstances of each case into account.

However, the policy has been amended and is now summarised as follows:

• prisoners in closed conditions who have a deportation order against them and who have either exhausted appeal rights in the UK or whose appeal rights must be exercised from abroad – cannot be:

  • classified as suitable for open conditions

  • granted ROTL

• prisoners in closed conditions who do not meet the criteria above, but who are liable for deportation or removal proceedings:

  • must be subject to a more rigorous risk assessment prior to consideration for open conditions or ROTL

  • open conditions or ROTL will only be appropriate where it is clear the risk is very low

• prisoners already in open conditions – are not subject to the bar on allocation to open conditions or being given ROTL:

  • however, any prisoner whose deportation status changes whilst in open conditions must be re-assessed for suitability to remain in open conditions or receive ROTL

  • they may remain in open conditions subject to being assessed as continuing to be of ‘very low risk of absconding’

• prisoners who are not liable to deportation or removal:

  • are not subject to any restrictions, either because they do not meet the initial criteria for deportation or for removal

  • have been considered for deportation or removal by the Home Office and it has been decided that they may remain in the UK - these prisoners must be considered for open conditions and ROTL in the same manner as other prisoners who are free of restrictions

Full details of His Majesty’s Prison and Probation Service (HMPPS) policy on FNOs in respect of Category D transfer and ROTL are available in Release on temporary licence policy framework.

ROTL and open conditions and category D requests

This section tells Foreign National Offender Returns Command (FNO RC) staff how to handle release on temporary licence (ROTL) and category D requests.

To ensure the effective application of the ROTL Policy Framework, it is essential that a robust and reliable communication system is maintained between His Majesty’s Prison and Probation Service (HMPPS) and Home Office Immigration Enforcement (HOIE). This is necessary to ensure that a foreign national offender’s (FNO’s) current immigration status is accurately recorded and appropriately considered when decisions are made regarding their suitability for ROTL, open conditions, or categorisation as Category D.

FNOs who are detained solely under immigration powers are not eligible for ROTL or open conditions. These provisions apply only to those still serving a custodial sentence.

When assessing FNOs for ROTL or open conditions, establishments must request up-to-date information from HOIE regarding:

• whether the individual is currently liable for deportation or removal

• their compliance with immigration requirements

• any relevant risk information held by FNO RC

In both ROTL and category D cases, prison establishments will request relevant information as to whether an FNO is currently liable to deportation (or otherwise an alternative form of removal), conformity with any immigration requirements and any information on their risks from FNO RC, using the following form:

• for ROTL: ROTL-FNP (formerly ROTL 9), see Release on temporary licence and transfer to open conditions (category D) proforma

Although the ROTL 9 form has been renamed ROTL-FNP, both versions are still currently accepted. The term ROTL 9 was officially phased out on 1 July 2015.

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The information in this section has been removed as it is restricted for internal Home Office use.

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Upon receipt, FNO RC staff must return the completed form within 5 working days. Any subsequent changes to the prisoner’s deportation status must be communicated to the prison within 24 hours of the change being made.

The efficient processing of these forms ensures that up-to-date information about the prisoner’s immigration status is available, which is crucial for making informed decisions regarding their eligibility for ROTL or category D conditions. This seamless exchange of information supports the overall goal of maintaining public safety while respecting the rights and legal status of foreign national offenders.

Moreover, constant vigilance and timely updates from Immigration Enforcement are imperative to reflect the current deportation status of the prisoners accurately. This process involves a collaborative effort among prison establishments, HMPPS, and FNO RC staff, ensuring that all decisions are based on the most recent and relevant information. Such coordination is vital to uphold the integrity of the criminal justice and immigration systems.

Receiving a ROTL-FNP form

This page tells Foreign National Offender Returns Command (FNO RC) staff how to prepare a case for a release on temporary licence (ROTL) request.

ROTL-FNP forms should be received by a Case Preparation Team initially but may also be received by Intake and Triage or individual caseowners.

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Responding to a ROTL-FNP form

This page tells Foreign National Offender Returns Command (FNO RC) staff how to respond to a release on temporary licence (ROTL) request.

The prison will specify the deadline for a response to both ROTL and open conditions or Category D requests. This is typically 5 working days from the date of the request, and staff must adhere to this timeframe wherever possible. The process applies equally whether the request is assigned to a decision maker in casework or to any other team within FNO RC, such as Intake and Triage or the Case Preparation teams.

Form completion responsibilities

Section 1 of the ROTL-FNP must be completed by the referring prison.

Section 2 must be fully completed by the responding FNO RC officer and must include the following information regarding the foreign national offender (FNO):

• whether the FNO meets the criteria for deportation - if the usual sentence threshold is not met but deportation is being pursued on grounds of serious harm and / or persistent offending, this must be clearly stated

• whether a deportation decision has been served (such as a ‘Stage 1’ notice)

• whether a deportation order has been signed

• whether appeal rights against deportation have been exhausted:

  • while the form requests this information, note that for decisions made under section 82 of the Nationality, Immigration and Asylum Act 2002 (as amended), and certified under section 94B, appeals will be non-suspensive and heard post-removal

  • therefore, many FNOs in custody may not have exhausted appeal rights, but it must be made clear if deportation will proceed prior to the conclusion of the appeal process

• whether the individual is not liable for deportation but is subject to removal proceedings

• whether a decision has been made to detain the individual under immigration legislation following the end of their custodial sentence

Section 3 should include any additional information held by the Home Office that may be relevant to His Majesty’s Prison and Probation Service (HMPPS) risk assessment - this may include, but is not limited to:

• family ties (in the UK or country of origin)

• community links

• compliance or non-compliance with immigration conditions, including bail

• behaviour during previous immigration detention

• any history of deception (verbal or documentary) to obtain leave to enter / remain or to avoid removal

• evidence of nationality or identity (for example, passport or birth certificate copies)

• known aliases not already listed in Section 1

• likelihood of imminent deportation or removal

Post-completion actions

1. Ensure the form is quality-assured in line with local procedures.

2. Once approved, return the completed response to the relevant prison.

3. Record a case note on Atlas confirming the date the response was sent.

Important notes

The ROTL-FNP form should avoid expressing opinions or objections regarding the FNO’s suitability for open conditions or ROTL. It should present factual information only.

Final decisions on whether to grant ROTL or transfer to Category D status will rest with the prison governor. However, immigration information provided will be taken into full consideration in line other relevant HMPPS and Ministry of Justice (MoJ) policies.