By Melanie Gower

There is a long history of cooperation between the UK and France over immigration controls at their shared borders. This has been formalised through a series of bilateral agreements, including the Sangatte Protocol (1991) and the Treaty of Le Touquet (2003). The latter allowed for France and the UK to carry out immigration controls in each other’s territories at seaports. The Sandhurst Treaty (2018) provided a legal framework for broader cooperation on border and migration issues. Early agreements addressed security around the Channel Tunnel and ferry terminals and preventing people crossing the border by hiding in vehicles. Since 2019 cooperation has focused on small boat crossings. Small boats have been the predominant recorded method of irregular arrival in the UK since 2020. The Home Office says 82 organised criminal gangs responsible for people smuggling by small boats have been “dismantled” since a Joint Intelligence Cell with France was established in July 2020. UK funding commitments Many border control agreements since 2014 have had associated funding commitments. The UK will provide €541 million (around £476 million at the time of the agreement) between 2023/24 and 2025/26, under a three-year deal made in March 2023. France is due to make an unspecified “substantial and continuing” contribution. How is the effectiveness of UK spending assessed? There is limited official information published about how the funding attached to successive agreements is spent and monitored. The government says France and the UK jointly assess the impact of cooperation and funding through regular strategic reviews. The government doesn’t publish details of review outcomes. It says doing so could undermine border security controls and the UK-France relationship.

Recent statistics The UK–France Joint Leaders’ Declaration issued in March 2023 included an agreement to increase the interception rate of boats crossing the English Channel and to “drastically reduce the number of crossings year on year”. Fewer people and boats were detected arriving in the UK in 2023 compared with 2022. The number of people intercepted and returned to France was also lower. • 36% fewer people were detected arriving by small boats in 2023 than in 2022. The Home Office says this is largely explained by a 93% reduction in Albanian nationals arriving by small boats 2023, which it attributes to recent partnership work between the UK and Albania. Arrivals of other nationalities reduced by 14% overall. • 46% fewer boats were detected arriving in the UK without permission in 2023 than in 2022, although the average number of people in each boat increased from 41 to 49. • France prevented fewer crossing attempts in 2023 than in 2022. The Home Office says this reflects the decline in the overall number of crossing attempts in 2023. Data for the first nine months of 2024 shows the number of people arriving in small boats (25,244) was slightly more than for the same period in 2023 (24,830). This is despite fewer boats (479) arriving in the first nine months of 2024 than over the same period in 2023 (506). More recent provisional data shows significantly more people and boats arrived in October and November 2024 compared to in 2023. The Home Office has cited weather conditions as a relevant factor. Topical issues Some stakeholders, including Border Force unions, some MPs, and migrants’ rights advocates, have criticised agreements between the UK and France for falling short of what they think is needed to address unauthorised border crossings. Their alternative suggestions have included powers for French law enforcement to arrest and detain intercepted migrants; powers for UK counterparts in France; and enhanced safe and legal routes for asylum seekers wishing to come to the UK. There have been reports of French police intervening more to prevent small boat departures since the 2023 UK-France funding agreement. Some commentators have linked the increased funding with an increase in migrant fatalities in 2024. Recent UK governments have wanted formal agreements with European states to return unauthorised migrants who travel to the UK. So far, the Labour government has prioritised practical cooperation with neighbouring countries over pursuing a formal returns agreement with the EU.

London: UK House of Commons Library, 2024. 31p.

By CJ McKinney, Melanie Gower

The UK has agreements with some countries for the return of people lacking legal residence. These agreements take various forms and are not usually published.

The attached briefing lists known agreements and links to the text where available. The government has confirmed the existence of some form of agreement with 24 countries since 2021, some recent and some struck up to 20 years ago:

In 2021, the government confirmed that it has formal returns agreements with Afghanistan, Algeria, Angola, Azerbaijan, China, Djibouti, Democratic Republic of Congo, Guinea, Iraq, Kuwait, Nigeria, Sierra Leone, Somalia, South Korea, South Sudan, Switzerland and Vietnam. That accounts for 16 countries, excluding the deal with Afghanistan because it has been inoperable in practice since regime change later in 2021.

Since 2021, the government has signed formal returns agreements with Albania, Georgia, Serbia, Moldova and Pakistan. These five replaced European Union agreements with those countries in which the UK took part while an EU member.

In 2021, the UK and India agreed a migration and mobility partnership that included provisions on returns.

In 2024, the UK and Bangladesh announced an informal returns agreement described as standard operating procedures.

In 2020, the UK and Ireland set up an informal returns agreement covering asylum seekers (rather than British or Irish citizens), described as non-legally binding operational arrangements.

There may well be other informal or even formal agreements, the existence of which has not been disclosed. The arrangement with Ireland was not announced at the time and only came to public attention in 2024.

Agreements made in the form of a treaty are published and laid before Parliament, but the government is not required to publish a memorandum of understanding or operational protocol. It has refused, for example, to disclose the contents of the 2022 Pakistan agreement.

London: UK House of Commons Library, 2024. 10p.