The UK government is in advanced talks with France over a new bilateral asylum deal that could reshape how cross-Channel migration is handled. Branded informally as a “One In, One Out” scheme, the proposal has drawn media attention, legal scrutiny, and political debate.

So, what exactly is this new policy? How might it affect asylum seekers, and what should legal practitioners be watching closely?

🧭 What Is the “One In, One Out” Scheme?

The “One In, One Out” proposal, currently under negotiation between Prime Minister Keir Starmer and President Emmanuel Macron, aims to allow the UK to return certain small-boat arrivals to France, in exchange for Britain accepting a matching number of asylum seekers with UK-based family connections from French camps.

The logic behind the scheme is to:

Deter dangerous Channel crossings,

Undermine smuggling networks, and

Restore an element of order and control to cross-border asylum claims.

A pilot version could be trialled later in 2025, subject to legal agreements and operational readiness.

⚖️ Key Legal and Practical Considerations

1. Compatibility with International Law

Any removals must comply with the UK’s obligations under:

The Refugee Convention (1951),

The European Convention on Human Rights (ECHR),

The Human Rights Act 1998, and

The Dublin III Regulation, in respect of any existing cross-EU mechanisms (which the UK no longer formally participates in post-Brexit but may mirror).

The removal of individuals to France may be legally challenged, particularly where:

There is evidence of human trafficking,

The claimant has ongoing legal proceedings, or

France is not deemed a safe third country in the specific circumstances of the case.

2. Family Reunion Provisions

One expected benefit of the deal is a new humanitarian corridor for family reunification, allowing vulnerable claimants in France with relatives in the UK to apply from abroad. However, much will hinge on:

Definitions of “family”,

Procedural safeguards, and

Evidence requirements.

Legal professionals should be ready to support these applications swiftly if the scheme comes into effect.

3. Removal Procedure Challenges

Questions remain about how removals back to France would be executed:

Would there be notice periods, or would this follow a “fast-track” removal approach?

Will individuals be detained in advance of removal?

What rights will they have to appeal?

Without careful procedure, legal challenges under Article 8 (Right to family life) or Article 3 (Prohibition of inhuman or degrading treatment) ECHR could flood the courts.

🔎 Is This a Replacement for the Rwanda Scheme?

Yes, the “One In, One Out” initiative forms part of the Labour government’s broader plan to replace the highly controversial Rwanda deportation scheme, which was recently scrapped due to legal setbacks and cost inefficiencies.

Unlike the Rwanda policy, which focused solely on deterrence through offshore removal, this Franco-British deal attempts a reciprocal approach, rooted in proximity, family links, and bilateral cooperation.

👩‍⚖️ What Should Immigration Lawyers Do Now?

Stay Alert for Pilot Details

Expect guidance on eligibility criteria, application mechanisms, and deadlines later this year.

Prepare Clients with UK Ties in France

Families of asylum seekers in the UK should start compiling evidence of relationships, such as:

Birth or marriage certificates,

Proof of dependency or cohabitation,

DNA reports if necessary.

Monitor Removal Notices

If the UK begins returning arrivals to France, review each client’s circumstances urgently and prepare for urgent injunctions or JR applications where needed.

Engage with NGOs and Caseworkers in France

Effective coordination will be crucial. Build relationships with legal advisors and support networks in Calais, Dunkirk, and other major hubs.

🧠 Final Thoughts

The proposed “One In, One Out” agreement marks a significant shift in the UK’s asylum policy: away from unilateral offshoring and toward bilateral, EU-adjacent cooperation. While the policy remains at a draft stage, its implications for immigration lawyers, asylum seekers, and human rights advocates are already taking shape.

Legal professionals should prepare for a new era of family-linked humanitarian transfers, as well as the legal complexities of expedited removals to France. As ever, vigilance, documentation, and early engagement will be key.

For advice on asylum appeals, family reunion, or removals under the new agreement, contact our specialist immigration solicitors today.